English and Dutch Law of Contract: Principles and Liabilities

This report provides a comprehensive overview of contract law, examining its fundamental principles and elements within the frameworks of English and Roman Dutch law. It delves into the formation of contracts, including offer, acceptance, and consideration, while also exploring factors that influence contractual liabilities. The report analyzes the concept of discharging a contract, discussing various remedies available for breach, such as award of damages, specific performance, and punitive damages. It also compares and contrasts cross offers and counter offers, as well as conditions, warranties, and innominate terms. Furthermore, the report addresses the laws governing the discharge of a contract, with a specific focus on the applicability of the Frustration Act 1943. Through this analysis, the report aims to provide a clear understanding of the complexities and practical implications of contract law.

Law of Contract

Table of Contents
INTRODUCTION...........................................................................................................................1
TASK 1............................................................................................................................................1
P1 Defining contract and demonstrating English Law and Roman Dutch Law principles of
contract...................................................................................................................................1
TASK 2............................................................................................................................................2
P2 Exploring elements of contract and factors affecting contractual liabilities...................2
TASK 3 ...........................................................................................................................................4
Compare.................................................................................................................................4
TASK 4............................................................................................................................................5
CONCLUSION................................................................................................................................6
REFERENCES................................................................................................................................7

INTRODUCTION
Contract is major agreement that has been developed between two parties that will help in
better rise in mutual understanding between parties that work with each or. A contract is legal
binding that ensures proper execution of trade activities between two or more concerning parties
(McKendrick, 2014). Various legal operations have been taken by parties to mitigate restrictions
and shortcomings associated with contract and or operations related to it. Various principles and
contractual obligations have been discussed within firm and consequences on breaching of
contract have been focused upon.
TASK 1
P1 Defining contract and demonstrating English Law and Roman Dutch Law principles of
contract.
P1.1 Contract and its formations and principles
A contract is legal agreement that help in proper and developing of a good mutual
understanding of parties entering in a contract. English and Dutch legal system are quite similar
and follow same obligations that have been taken in consideration by people in contract. The
basic principles of contract involve following different elements like offering, acceptance,
considerations, mutuality and obligation, assessment of competency and instrumentation. The
formation of contract involves following steps:
 Offering: it in providing of contract to concerning party to whom contract is concerned
with. It is condition when a concerning party is offering a treat or a bidding to apply for
business.
 Auctions: in this bidder sells or hand over commodity or asset in return of particular
amount or entity. However, auctioneer has right to accept or reject proposal (Knapp,
Crystal and Prince, 2016).
 Display of Goods: This is situation or practice where commodity or product has been
displayed to or concerning parties. Based on view and assessment of quality, before
buying.
 Advertisement: It is promotion of goods and services that will help in generating
awareness and insight among customers.
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 Tender: It is proposal to advertisement but seller will see through most economic or best
proposal suiting his requirements.
P1.2 Contract law under English and Dutch legal system.
The contract law ids equally operational in both, English and Dutch Law, which thus
helps in better formations and development of a contract within a firm or by a business entity. In
both law types, re is a pre contractual liability, which is required to be fulfilled by concerning
parties before entering in a contract. In Dutch legal system special emphasis is been laid upon
contract law, while in English legal system it has been considered as common law (Kötz, 2017).
P1.3 Summary of legal precedents and principles
In an organisation as per common law system, a legal precedent is condition that will
help in better development of legal authority in organisation or a system. The legal binding and
allocation of legal measures will lay very deep influence on overall operations. Various legal
principles will have a deep influence on operations performed by firm. For example, as per case
study, if A had been in contract with B, mobile phones deal must have not went off. A good
contract helps in proper management of wide range of operations that will support a good rise
in compatibility and management of organisation. The principles of legal contract will help in
effective execution of contract related activities.
TASK 2
P2 Exploring elements of contract and factors affecting contractual liabilities.
P2.1 contents of contract and factors affecting it.
The legal contract as per English and Dutch legal system will possess certain traits or
elements that are to be handled by firm in a very effective way. se elements and components of a
contract will help in suitable rise in satisfaction level of operations that will support a good rise
in satisfaction level of country that will help in proper rise in customer satisfaction level,
especially when he is in a contract (Bridge, 2017). Certain elements of contract and ir
contractual obligation are as follows:
 Offer: It is practices that will help in better rise in satisfaction of parties in contract.
offer is made to invite or person involving business partner, vendor, stakeholder or
customers. major legal obligation that is been associate with it is that it will help in
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proper handling of business operations and will support a good rise in precedence and
development of contract between two concerning parties or individual which affects it
deeply.
 Acceptance: It involves accepting of contract and admitting all terms and conditions that
have been cited within it. This will help in developing high quality relationship and
maintaining a better bond with operations and handling of business operations in better
way (Gallagher and et.al., 2015). Acceptance is legally marked as agreement to terms and
condition offered affecting its success
 Mutual relationship: When contract or proposal has been accepted, it leads to different
sort of relationship with person who are in contract. The good building of relationship
will help in well execution of trade activities that will help in better rise in compatibility
and achieving business goals. Legally, maintaining a good relationship is essential for
success of contract.
 Consideration: It is token or sign of accepting and binding contract. It can be depicted
by providing monetary amount or delivering goods and services and services as mark of
maintaining a good relationship within a contract. It is also legally important as a symbol
of fixation and carrying out of trade activities for affecting operations in a better way.
P2.2 Discharging contract and its remedies
The breaching of contract laws and agreement is condition, when contract has been
terminated under law or illegally that can have severe consequences over law under mutual
agreement. The discharging may be both beneficial and restrictive, depending upon conditions
leading to termination of contract (Poole, 2016). It can be caused due to performance, lapse of
time, operations of law, satisfaction or breaching under law.
Various remedies are been taken in consideration by firm that causes enterprise to reduce
breaching of contract and its impact. Some major remedies of breaching contract are as follows:
 Award of damage: it involves paying of compensation that is been taken in
consideration by firm. If breaching of contract by one party has caused losses to or party
terminating side is liable to provide proper compensation to affected partner. For example
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Vic caught robber on request of villagers and now villagers denied award, which caused
regret to villagers (Ayres and Schwartz, 2014).
 Specific performance: it involves fulfilling of not all but a certain important yet feasible
actions or targets under lawful contract. This will bring firm to stability after disturbance
caused by breaching or termination of laws. It is a legal binding and thus help in proper
maintaining of business relationship.
 Punitive damage: it is form of punishment that is been awarded to wrongdoer in a
contract. It helps in controlling termination of contract and cover losses that are been
caused by breaching of agreement.
P2.3 Explain remedies available to nature of breaching of contract.
Various remedies will be followed by Carol in order to mitigate effect of breaching of
contract or agreement. As she has promised John to provide Rs. 1,000 and he has accepted to get
Rs. 1000 as final payment. This is an example of specific performance remedy that will help
John to get proper compensation from Carol's. This will help in getting proper compensation or
support on getting contract breaching.
Different sort of remedies are been taken in consideration by an individual or an
organisation depending upon types of operations and contract breaches that have occurred
(Adriaanse, 2016).
P2.4 How would your answer differ if John had suggested Carol to pay him Rs. 1,000 by coming
to his residence rather than his business place.
The answer would have been quite different if John had called upon Carol at his
residence rather that business place as it would be not lawful practice. Loan or money that is
been taken by Carol is required to have returned at office as contract is official document. Thus,
any activity related to it must be look after at business place.
TASK 3
Compare
P3.1 Cross offer and Counter offer
Cross offer Counter offer
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It is offer that is been made to ignore offer.
This can be similar or higher in nature. This
statement will lead to crossing of statements
that lead to diminishing of binding and thus
contract or offer fails.
The counter offer is been made in order to
counter or win over another offer that will help
in proper meeting of business operations. This
will help in rejection of original offer and new
offer is been made in order to gain an
acceptance.
It may be not accepted by eir of party in
contract (Cheng, Smyth and Guo, 2015).
The original promiser has to accept proposal
prior to contract process is been made.
P3.2 Conditions, Warranties and Innominate terms
Conditions Warranties Innominate terms
A condition is root part of
contract as it determines
effectiveness of warranties and
may cause termination of a
contract if, breached.
It is negatively termed in
contract which includes a time
frame or period till which
contract is liable and
functional. Once time
constraint is over, contract is
terminated (Adriaanse, 2016).
It is midway situation between
conditions and warranty where
party can breach innominate
terms which are sufficiently
serious. It will occur when
party don't get benefit from
contract or root of contract is
been breached.
They are meant to be followed
strictly in a contract.
It is dependent on different
factors that impact warranty.
It is based on damage and
gains that have caused
individual to continue or
breach a contract.
TASK 4
P4.1 Laws on a discharge of a contract along with applicability of Frustration Act 1943.
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When, a contract is been discharged, it leads to termination of contract that impacts
overall functionality of firm. A discharge of contract may take place by various factors that such
as performance, satisfaction, rescission of contract, extinction etc. This legal discharge is
required to be handled in order to prevent loses caused by termination process.
Or than this, Frustration Act 1943 is been taken in application which helps parties to
legally terminate a frustrated contract. A frustrated contract is a situation in which an agreement
is been breached or ges incomplete due to unwanted circumstances, causing severe losses to both
parties. To rectify it, such contracts are been mitigated legally using Frustration Act 1943 (Ayres
and Schwartz, 2014).
CONCLUSION
Thus, this can be said that firm is required to be maintained in a very effective way. A
contract is deeply influenced by different factors and elements. This report laid an emphasis of
different actions that are been performed by firm and thus, has to see through better management
of operations that will support a good rise in effectiveness of a contract. Remedies to agreement
breaches and operations are been discussed. Differences of warranty, conditions and innominate
terms are been considered and applicability of Frustration law 1943 has been focused upon.
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REFERENCES
Books and Journals:
Adriaanse, M.J., 2016. Construction contract law. Palgrave Macmillan.
Ayres, I. and Schwartz, A., 2014. no-reading problem in consumer contract law. Stan. L.
Rev. 66 p.545.
Bridge, M.G., 2017. International Sale of Goods. Oxford University Press.
Cheng, Z., Smyth, R. and Guo, F., 2015. impact of China’s new Labour Contract Law on
socioeconomic outcomes for migrant and urban workers. human relations. 68(3). pp.329-
352.
Gallagher, M., and et.al., 2015. China’s 2008 Labor Contract Law: Implementation and
implications for China’s workers. Human Relations. 68(2). pp.197-235.
Knapp, C.L., Crystal, N.M. and Prince, H.G., 2016. Problems in Contract Law: cases and
materials. Wolters Kluwer Law & Business.
Kötz, H., 2017. European contract law. Oxford University Press.
McKendrick, E., 2014. Contract law: text, cases, and materials. Oxford University Press (UK).
Poole, J., 2016. Textbook on contract law. Oxford University Press.
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