Contract Law Assignment: English Legal System, Contracts and Remedies

This document provides a comprehensive analysis of contract law, addressing key concepts such as offers, acceptance, consideration, and intention. It delves into the English legal system, outlining the court structure and its relevance to contract disputes. The assignment examines the existenc...Read More

Assessment

Table of Contents
INTRODUCTION...........................................................................................................................4
MAIN BODY .................................................................................................................................4
Q1. Define contract law and describe all the blue prints of a contract.......................................4
Q2 Explain the court system in relation to the English legal system and advice the parties
above which court(s) action to pursue........................................................................................4
Q3 Advise Hilary as to whether binding contracts exist between herself and each of the
following people: Eleanor, Amy and Olivia. .............................................................................5
Q4 Explain and discuss the various remedies available to the parties........................................6
CONCLUSION................................................................................................................................8
REFRENCES.................................................................................................................................10

INTRODUCTION
Contract laws is considered to be that kind of laws that exists in order to make
relationship strong between the parties that is commencing the contract. Under these laws
various business related process is involved that has been making transaction to be done in
possible manner. Law has been covering various elements that is involved in business and
mainly related to money. Various kinds of treaties is also covered within it. Scope of laws are
wider in nature that has been making various aspects in relation to business organization. In this
file questions is been given that is based on contract has to be answered.
MAIN BODY
Q1. Define contract law and describe all the blue prints of a contract.
Contract laws are the laws that has been helping in forming of an agreement and
providing it legality which makes it legal within the eyes of law. These agreements are formed
on the basis of monetary transactions and treaties formed by an organization or parties willing to
come into a contract with each other.Contract is a part of law of obligations. In this four elements
are being included that has been explained as follows:
Offer – offer may be communicated to specific offeree or a group or whole world. In order to
make termination of an offer certain things are required that are withdrawal, rejection, lapse of
time, failure of condition, death(Law, 2018).
Acceptance – this means that when an offer is being presented and accepted by the parties that is
done by expressing words and conduct and they are offerer that makes communication with
accepted possible between parties agreed over the offer that has been presented by the offeree. In
this if offer has been made through post then postal rule is applied.
Consideration – elements of contract is related over making valid consideration on the agreement
in order to make it a contract this is been given by both parties. Contract that is enforceable only
when consideration is there.
Intention – agreement that is not binding is been made with the intention for creation legal
intention even when consideration is not supported. Under commercial agreement presumption is
done over the intention for taking social or domestic agreement with intention to make
presumption possible. .

Q2 Explain the court system in relation to the English legal system and advice the parties above
which court(s) action to pursue.
English legal system is mainly based upon parliament and judiciary. In this Judiciary is
been given responsibility over safeguard of constitution and fundamental rights of its citizens.
Under judiciary there are two main kinds of courts which are subordinate courts and senior
courts. In senior courts Supreme Court and High Court is been covered. Supreme Court is the
highest court which is responsible over handling all kinds of cases. Then comes High Court
which is known as court of appeal since it handles appeal made over judgement passed by
inferior courts. Also it has three division Queens bench for criminal, chancellery for civil and
family court for marriage related issues. Then there are subordinate courts which are known as
court of first instance. In these courts an matter is been handled fresh or at first instance.
Q3 Advise Hilary as to whether binding contracts exist between herself and each of the
following people: Eleanor, Amy and Olivia.
Contract between Hilary and Eleanor -
In this scenario Eleanor and Hilary is required to make purchase of printing press for
£10,000. Hilary has been there for accepting an offer that is giving counter offer in which
selling of printing press for £13,000 (Hutchison, 2017). Elanor has been responding over the
offer to Hillary that has been making acceptance from Eleanor's side and again offer has been
made by the price of £10,000. Eleanor should reject offer as no acceptance is there. This has
been making acceptance over the offer which makes no obligation to create binding on parties
under contract between parties. Relevant case law is Hyde v. Wrency it was held by court that
counter offer has been amounting over the rejection that has been making offer that is not
subsequently be restored over acceptance and validation of contract that has been made through
offer, acceptance, consideration and intention creating legal relation. In this only offer has been
made that does not bound for a complete contract.
Contract between Hilary and Amy -
In this case Hillary offered Amy over selling of computer for £1000 and the in morning
letter was sent regarding acceptance of offer. The here mind changed and send fax over ignoring
the letter. It shows that contract existing between the parties is not binding since fax was send
over rejecting the offer. As, binding contract makes both parties obligated over the act that is

been done by them. Under the case only offer exists but no acceptance. This makes invitation to
treat arise within it.
Contract between Hilary and Olivia -
In this case Hilary was conducting art gallery and has given invitation with an offer
which leads over existence of invitation to treat. Partridge v Crittenden the court held that
invitation to treat includes advertisements and hence it is not binding. Hence the contract of
Hilary with Eleanor, Amy and Olivia are not binding contracts (Huang and Lan, 2016). This
case law justifies about invitation to treat which is an offer and not acceptance.
Q4 Explain and discuss the various remedies available to the parties.
In contract breach is the issue which has been handled with the help of remedies which
makes gaining of claims in more effective manner (Goldberger, 2020). There are various
remedies which have been explained as follows:
Damages
In this compensation is gained over loss of injured parties within which breach of
contract has occurred to injured parties. Under it three conditions are there which are as follows:
1. Due to breach of contract over loss accrued.
2. In this loss is required to be organized.
3. Loss is not remote.
Specific performance
The court within specific performance of contract only seeks that inadequate party is
been breached over contract. Under it case is been applied which is Stickney v Keeble in which
specific performance is granted over making equitability maintained. In this condition and facts
of case is been applied (Abramovsky and Kochenburger, 2019)'.
Injunction
In this breach is committed through restraining of party. Also injunction covers about
designed for regulating position of parties that has been claimed over the pendency of making
case hearing possible. Under it defendant is been prohibited from doing an act in relation of
breach.
Repudiation
Under repudiation contract is ended over breach in relation to obligation made. In this
claim is aggrieved for breach of contract.

Rescission
This remedy places the parties in pre contractual position. This remedy is available when
there is a vitiating factor, that is, undue influence, misrepresentation or duress. It is available at
the discretion of judge. Under this remedy, the parties may rescind the contract.
So, it can be observed that since no contract has accrued and no remedies can be used by
the parties. Only invitation to treat exists that is not an contract in any manner.

CONCLUSION
From the essay it can be marked out that contract laws are the laws that has been formed
for helping in making an organization perform transactions that is related to money. In this file
contract law is been given with an case scenario. Further in this file basics of contract is been
covered with remedies and binding contracts.

REFRENCES
Books and journals
Abramovsky, A. and Kochenburger, P., 2019. Transparency in the Insurance Contract Law in the
United States. In Transparency in Insurance Contract Law (pp. 683-703). Springer.
Cham.
Goldberger, J., 2020. Contract law in the cases: 2019 in review part 1 of 3. Commercial Law
Quarterly: The Journal of the Commercial Law Association of Australia. 34(2). p.43.
Huang, T. and Lan, L., 2016. On value re-creation and institutional innovation of the Labor
contract law. Science of Law (Journal of Northwest University of Political Science and
Law). (3). p.10.
Hutchison, A., 2017. Decolonising South African contract law: an argument for synthesis. In The
Constitutional Dimension of Contract Law (pp. 151-184). Springer, Cham.
Law, C.C., 2018. Jan Smits (ed.), Contract Law: A Comparative Introduction. European Review
of Private Law. 449. p.452.
Mancuso, S., 2017. Contract law in the BRICS countries: a Comparative Approach.
van Eck, M., 2018. Non-variation clause: Shifren to the Electronic Age: contract law. Without
Prejudice. 18(5). pp.16-17.