An Examination of Contract Law Principles: Case Studies and Remedies

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This essay provides an in-depth analysis of contract law, focusing on the fundamental principles and their application in various case studies. The introduction establishes the significance of contract law in resolving disputes by defining roles and responsibilities. The essay then delves into the core elements of a valid contract, including offer, acceptance, consideration, legality of subject matter, contractual intent, and capacity, using real-world examples. It further explores the English legal system, highlighting the roles of contract law, common law, and civil law. The essay examines three case studies, advising on the legal standing of parties involved and potential remedies for contract breaches. The conclusion summarizes the key findings and emphasizes the importance of all contract elements. The analysis includes a discussion of court systems, remedies available to parties, and practical advice. The essay utilizes academic sources to support its arguments, providing a comprehensive understanding of contract law principles and their practical application. The essay concludes with a concise summary of the key takeaways and the implications for parties involved in contractual agreements.
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TABLE OF CONTENTS
INTRODUCTION...........................................................................................................................3
1. Contract law and its blueprint..................................................................................................3
Court system in relation to English legal system and direction to all parties about which courts
action they can pursue.................................................................................................................4
Advise to Hilary...........................................................................................................................5
Remedies to parties......................................................................................................................5
CONCLUSION................................................................................................................................6
REFERENCES................................................................................................................................7
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INTRODUCTION
Contract law helps in resolving conflict between two parties by defining roles,
responsibilities that need to be performed by specific individuals. There may be two or
more party in particular contract so all associated parties must agree to all term and
condition for valid contract. The report is based on three different case study and has
covered information related to contract law, its blue print, explained about court system
and whether parties are legally bind or not.
1. Contract law and its blueprint
Contract law is simply an agreement between two parties to perform specific task
or exchange products and services at specific rates for satisfaction of each other
needs. Thus, it created obligation towards both parties to performed their
respective responsibilities so that no harm or lose can be caused to other individual
(The six elements of legal contract, 2019). For a valid contract, all associated party
to contract must agree to all rule and regulation of contract. Blueprints of contract
include six key elements which can be discussed as follows:
Offers: It can be stated that for valid contract one party needs to offers proposal to
other party to purchase products at specific price. At the same time proposal need o
be given with an intention to make contract or agreement between parties. For
examples: in first case Hilary has advertised in trade journal to sell its printing
press at 10000, in second case Hilary offered to Amy to sell its office computer at
1000 and Famous artist painting at 1.
Acceptance: Secondly the offered made needs to be accepted by other parties as
without mutual consent it would not be considered at valid contract. Such as in
case Hilary and Eleanor, Olivia there is not acceptance of other parties to take
product at specific prices for satisfaction of their needs. But in second case Amy
has accepted to take computer at 1000.
Consideration: For a valid contract there should be some amount of exchange of
service, payment between both parties. Like Hilary has offered to sells all products
to different parties at specific rates but accept Amy no one agree to pay specific
price so there is no contract between various parties (Taylor and Taylor, 2019).
Legality of subject matter: It is another element or included in blueprint of
contract which state that in order to be valid contract it should follow all rules and
regulation made by government. Whereas there is no legal procedure and
regulation were followed by different parties in the above case study.
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Contractual intent: Despite of present of all elements of valid contract if both
parties are not interested to make contract than it would not legally bind them to
perform their respective obligation. For example: Eleanor does not want to
purchase products at 15000 or 13000 due to its preferences and taste.
Contractual capacity: It means that both parties have contractual capacity to
enter into contract like Hilary must have printing press, office computer and
painting while other parties must have enough money to accept the contract for
legal binding.
Court system in relation to English legal system and direction to all parties about which
courts action they can pursue
English legal system is one of the best legal system within world where there are
various aspects working onto business laws formation, highly enforcing fundamentals
onto new working scenario within law and criminal matters. UK legal system is based
on law principles within formation of contract law, civil law and common law. There is
also wide focus onto business laws synergy within professional companies and
individuals for development of business ethics factors.
Contract law: This can be understood as written agreement done between two parties
with written working aspects , where detailed consideration of price, time and event
details shall be provided. Contract law cannot be violated by parties within business
scenario, where sue of damage can be done by another party and also there is wide focus
done onto how business ethics shall be followed.
Common law: Supreme Uk court holds major responsibility along formation of
common laws where body of law enables people to live safely and also vitally get
assistance from legal court bodies. Common law holds wide importance within
business scenario and English legal system scenario where it can be analysed that there
are also various keen arenas where people can resort to assistance from court ( Bhagat.
and Bolton, 2019).
Civil law: The civil law provides functioning legal law in Uk where there are varied
functional parameters where working aspects for gaining new functional exploration
for strongrv business among corporate living parameters. Civil law is one of the most
actively functioning legal law in UK where there are also varied aspects analysed,
assisting people to take court help for various purposes. Civil law will enable first and
third case an be tudies parties to get justice for generating new functional innovation
among major efficiency, and in second case amy can be sued for violation of law.
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Advise to Hilary
In the first case study it can be analysed Eleanor and Hilary do not have any
written agreement done between them where they do not also hold any contract law
between them, as after communicating on price there was no written note sent by
Eleanor to Hilary which do not make the product bound to him. This enables us to
understand that Hilary cannot take any legal action or sue him under court, where there
is no formal approval of purchase of printing press from Eleanor side which do not
make agreement bound. Hence Hilary may find another person as customer for printing
press purchase (Bowden, 2019).
In the second case study it can be understood that Hilary can take legal action
against Amy and sue her under court, where there is violation of agreement, contract law
where the working activities between them shows that Amy had sent here written
approval for acceptance of fixed rate. There is one of the main factor within this case
which compose factor analysis onto how contract law enforces functional advancement
among various scenarios, for generating written agreements where both parties agree on
price for purchase of product.
In the third case study it can be understood that Olivia and Hilary do not have
any formal agreement between them in written format among them where Hilary is not
liable to sell painting to Olivia. Here Olivia cannot take any legal action against Hilary
as there was no contract law between them which do not make them liable to each other
in any action. Hilary can sell the painting to any other customer too further, as she had
not committed to Hilary for sale of painting. Here law of contract is not enforced
among them as they were not under any written agreement where court of action cannot
be resorted further. The case study also focuses on the wide business analysis and how
business ethics work and how court actions can be taken for resorting to various
decisions further Business law has various paradigms working among business
scenarios where various new working parameters enables us to analyse how action can
be taken (Cairney and et.al., 2019).
Remedies to parties
Recession of court: In the first and third case studies it can be analysed that
parties were not under bounding contract with each other where they was no
contract law among parties which enable us to understand that between them no
legal action can be taken by court. The recession of court cannot be taken by
parties within business ethics fundamentals as there was not technical contract
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between them, whereas however between Olivia and Hilary in second case there
has been violation of law. Recession of court shall be actively applicable here
where it can be understood that business law violation can be taken to court.
Recession of court is also highly innovative aspect for gaining correct functional
standards , of where law aren’t working within contract law among parties.
Sue to damage: In the first and third case studies it can be understood that sue to
damage cannot be taken by parties where there was no legal agreement between
parties and no contract law done between them where there it shows that parties
cannot claim against each other. Sue to damage can be taken against Amy in
second case study where Hilary can file contract law violation against her, through
which she has denied purchase of computer, for which she had sent written
approval for purchase. Amy can be sued in court by Hilary where there are various
parameters which widely focus onto new working aspects where business law
fundamentals are explained in detail (EVDOKIMOVA and STEPANOVA, 2019).
CONCLUSION
It can be concluded from above analysis and discussion that all key elements need to be
present for valid contract. In all above three case studies no harm or extra cost is caused
to Hilary or other parties but despite of that they can make use of various
recommendations to resolve their respective issue.
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REFERENCES
Books and Journals
Bhagat, S. and Bolton, B., 2019. Corporate governance and firm performance: The
sequel. Journal of Corporate Finance, 58, pp.142-168.
Bowden, M.M., 2019. The Professor Anthony J. Santoro Business Law Lecture Series
Presents Becoming A Valued Business Lawyer.
Cairney, P and et.al., 2019. How to conceptualise energy law and policy for an
interdisciplinary audience: The case of post-Brexit UK. Energy Policy.
129. pp.459-466.
EVDOKIMOVA, A. and STEPANOVA, Z., 2019. TYPES AND ELEMENTS OF THE
CONTRACT IN ENGLISH LAW. In We speak Legal English, German,
French, Spanish… (pp. 231-232).
Taylor, R. and Taylor, D., 2019. Contract Law Directions. Direction
The six elements of legal contract, 2019, [Online]. Available Through:<
https://www.meehle.com/blog/the-six-elements-of-a-legal-contract>.
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