Case Study: Contract Formation and Legal Advice for Avril & Belinda

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This essay provides a comprehensive analysis of contract law, focusing on the principles of contract formation, offer, acceptance, and legal obligations. It examines a case study involving Avril and Belinda to determine if a valid contract exists between them, outlining their respective rights and responsibilities. The essay also discusses the elements necessary for a contract to be legally binding, including offer, acceptance, obligation, legality, and validity. Furthermore, it explores the concept of 'invitation to treat' with reference to relevant case law, and analyzes a second case involving Darwash, Charlie, and Eddie, focusing on binding contracts and remedies for breach of contract, such as damages and specific performance. The essay concludes by emphasizing the importance of business laws and ethical considerations in maintaining order and integrity within business environments.
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Table of Contents
INTRODUCTION ..........................................................................................................................3
TASK ..............................................................................................................................................3
State what a contract is, and the conditions for forming one. Then, advise Avril and Belinda
on which contract(s), if any, have been formed in this negotiation and their rights and
responsibilities under such contracts...........................................................................................3
CONCLUSION ...............................................................................................................................5
REFERENCES................................................................................................................................7
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INTRODUCTION
Business law and ethics is based upon those regulation which is been used by an business
organization to accomplish it various goals mainly focused upon maintaining integrity of
business process performed within an organization. These laws makes proper guidelines and
rules provided which makes business organization perform better leading over making
sustainability achieved. These laws develop various prospectives making business organization
attain sustainability with growth. Also the laws is been applied with various legislations and code
of conduct within an organization. It enhances all aspects of business organization which makes
tasks related to organization achieved with consistency. Further the scope of such law are wider
as they create direct impact over business transactions and nature is dynamic since it can impact
business environment. The essay is based over contract laws which is been covered through case
study. Also binding contracts with rights and duties is covered.
TASK
State what a contract is, and the conditions for forming one. Then, advise Avril and Belinda on
which contract(s), if any, have been formed in this negotiation and their rights and
responsibilities under such contracts.
Case study: The facts of the case scenario are Avril is a service provider and deals over
making advertisement formed over local news paper and online mode is used by him. Belinda
and Avril has formed contract with each other regarding business. As per the contract the
decided price range is of seven fifty euros and time period to accept this is seven days. Email has
been send which shows that acceptance is done only when price range is nine hundred euros.
Also the contract formed between the parties is just an offer which is based upon advertising
medium. Since the contract parties has only send emails related to offer being made to each
other. The contracting parties within the contract are Avril and Belinda. State about condition
of contract formation according to the facts within the case it has been analysed law applicable
in the case are contract law which makes agreement formed in more effective way(Ruo-lin.
2019). This makes agreements to be formed over making contract to be created in legal manner.
The agreement formed related to parties making contract formed in legal way. The agreements
created are based over elements which are used within contract(Ruo-lin. 2019). In this agreement
existing is based over parties willing to form a contract in legal manner. The agreement formed
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is based over rules and regulations making contract formation possible by maintaining
framework prescribed under contract laws. In this agreements can be based upon both expressed
and implied form which makes an promise become contract since its is made in expressed
manner. Promise is based over various kinds of aspects that should not be illegal in nature.
Contract formed can be in both written and unwritten way which means that contract can be
through mutual understanding or in agreement form. Contract laws helps in making transaction
attained in both monetary and trade relation leading over enhancing business relations between
various business organizations. Also contract laws makes agreement provide strength within the
eyes of law. The laws has been over making agreements formed in more effective way which
leads over making contract developed in more effective way. In this agreement is based over
making contract developed more effectively. In contract laws various questions is been covered
that is based upon contract formation taking place within parties. Contracts are created on the
basis of sales of goods, property, materials required by an organization and also upon money
that has to be transferred. These agreement is been protected with the helps of element
mentioned under contract law and the elements makes complete contract formation possible.
These elements are offer, acceptance, obligation, legal aspects and validity(Kuhn, 2019). The
first element of contract is offer which is just the idea require to be presented by one party to
another party. In this only idea is been presented for initiating a contract. Second element is
acceptance which is shown over the offer that is presented to parties. The element are helpful in
making an contract formed in more effective way. Then comes obligation used for making rules
and regulations formed regarding contract willing to make contract more strong in nature. Other
element is legality used in order to make contract attain strong legal base. The last element is
validity used over making contract formed as per law which has been decided by government of
country. The elements make contract to be formed in more effective way with strong legal
structure. Advise Avril and Belinda in relation contract existing with rights and
responsibility from the facts of the case it can be observed that offer has taken place but no
acceptance is shown upon it(Hofstetter, 2021). Such condition gives rise to invitation over treat
which is based over those aspects within which an offer is been presented but no acceptance is
made regarding it. Under such condition contract made is incomplete as only offer is made but
has not been accepted which makes other elements absent making contract null void. Relevant
case law for such situation is Pharmaceutical Society of Great Britain v Boots it can be
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observed from the facts of case that different perspective has been developed over self services
based upon different shops. As per this system customers require to take goods then put them
within basket. The goods must be kept within the basket till the time payment has been made in
relation to it. Pharmaceutical Society of Great Britain after analysing the situation filed suit
against legal perspective of the system as medicines are required to be sold within the presence
of pharmacist as prescribed within law. After seeking over facts court held that offer is
developed but parties requires over accepting it. Thus court came to an conclusion that invitation
to treat exists making parties rellie over decisions that system is developed over department or
not. Invitation to treat has taken place within the case.
Case study: The case has been dealing over binding contracts that has been taking place
within parties. Under the contract parties willing to contract are Darwash, Charlie and Eddie.
The case is based over contract of services which is provided within hometown Flitterbug. Since
they both are independent contract and is been seeking for work Darewash forms contract with
them(Dinan, 2021). In this they are required to make taps and repair old taps. Since the work was
done and bill of three thousand five hundred euro from Darwash and five hundred Euro for
Charlie was given to Darewash. Advise Darwash over formation of binding contract the case
is based over binding contract that has been existing within parties over making legal obligation
exist within parties which make legal conditions created over making Darewash liable to pay bill
to Charlie and Eddie. In this rights has been formed which makes rights according to the
facts of above mentioned scenario the rights which are present to parties are Right to timely and
full monetary payment, right over repairs and refund with right of filing lawsuit in relation over
breach that has been made within the scenario. These rights are one of the most important rights
which is used by parties as per scenario Right to timely and full monetary payment is applicable
within the contract. Remedies in relation to Charlie and Eddie contract law breach takes place
that is based over not following an obligation. So, to deal with breach remedies is been provided
are damage, injunction, specific performance, repudiation and repossession which helps in
making breach to be removed in more effective way. The case scenario is based upon payment
which has not been made to Charlie and Eddie. Thus they are required to use damages for
making claim to be valid in nature(Boyce and et. al., 2019).
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CONCLUSION
From the above discussion it can be concluded that business laws are the laws used for
forming an organization. Ethical laws these are the laws which is used for making discipline and
order within business environment. These laws makes progress created regarding business
organization process. Then in the essay is based over contract laws that makes agreement formed
attain more legality in the eyes of law. In the end relevant case law has been explained regarding
invitation to treat. Further remedies and rights is been discussed with case law and relevant
remedy has been marked out in relation to it.
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REFERENCES
Books and Journals
Bowie, N.E., 2020. Business Ethics. In New Directions in Ethics (pp. 158-172). Routledge.
Boyce, N and et. al., 2019. The Wakley Prize Essay 2019: getting better. The Lancet,
393(10188), p.2284.
Dinan, M.D., 2021. 7 Nietzsche against the sovereign individual in the second essay of the
Genealogy. Polis, Nation, Global Community: The Philosophic Foundations of
Citizenship.
Favarel-Garrigues, G., 2020. Digital vigilantism and anti-paedophile activism in Russia.
Between civic involvement in law enforcement, moral policing and business venture.
Global Crime, 21(3-4), pp.306-326.
Giubboni, S., 2018. Freedom to conduct a business and EU labour law. European Constitutional
Law Review, 14(1), pp.172-190.
Hansen, C.P., Rutt, R. and Acheampong, E., 2018. ‘Experimental’or business as usual?
Implementing the European Union Forest Law Enforcement, Governance and Trade
(FLEGT) voluntary partnership agreement in Ghana. Forest Policy and Economics, 96,
pp.75-82.
Hofstetter, Y., 2021. The Fusion of Human Data: A European Essay. IEEE Aerospace and
Electronic Systems Magazine, 36(7), pp.112-119.
Ulya, N.U., 2018. Peer to peer lending on financial technology under perspective positive law
and Islamic law. Journal of Islamic Business Law, 2(1).
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