Coventry University 181CLS Contract Law Portfolio: Analysis & Advice

This project is a comprehensive portfolio on contract law, addressing various aspects of the subject. It begins with case analyses, offering legal advice on scenarios involving offers, acceptance, and the legal positions of parties in contractual agreements, referencing cases like Fisher v Bell and William v Roffey Bros. The project then explores the concept of consideration, examining whether existing obligations can constitute consideration. Furthermore, it examines unfair contract terms and provides a flowchart to explain the legal position of a party, Helena, concerning such terms. The project encompasses different tasks including case comments and essay questions, demonstrating a thorough understanding of contract law principles. The analysis is based on relevant case laws and legal concepts, and the project is written in a formal academic style, adhering to the guidelines provided by Coventry University for the 181CLS module.

Running head: CASE ANALYSIS
CASE ANALYSIS
Name of the student
Name of the university
Author note

1CASE ANALYSIS
Task 1
First case
Issue
The issue involved in the instant case is what is the legal position of the party who makes
an offer in the contract law.
Rule
The basic formation of a contract in the country of the United Kingdom involves an
arrangement between the parties to the contract that is enforceable in law. Therefore the
contractual rights, as well as liabilities of the distinct parties under the agreement, may
enforceable by the court1. The court insists on the conduct of obligations that are guaranteed
under contract by the defaulting parties or award compensation in the manner of damages for
violation of contractual terms. Therefore for the formation of a contract involves consideration,
acceptance, offer as well as the intention of the parties. In general, the negotiation is arrived in
between the parties prior to the binding of contract, and therefore there is the formation of the
contract2. It is significant to note that to determine the moment where there is the formation of
1 Andrews, Neil. Contract law. Cambridge University Press, 2015.
2 Poole, Jill. Textbook on contract law. Oxford University Press, 2016.

2CASE ANALYSIS
the contract the parties assume the obligation as well as the risk of obligation in case the
contractual terms are breached. Therefore under the common law, the rights, legislations, and
protection are formed by the decision of the court. The common law has its foundation in
precedent, and therefore the judges follow the decision of identical cases to form just, consistent,
and fair structure3. The essential factors of the valid contract involve proposal as well as
acceptance, consideration, capacity, free consent, registration, and writing. In addition to that
legal relationship, certainty, probability of performing, legal enforceability. The offer made by
the offeror is the expression of willingness to enter in agreement that is enforceable by law. The
offer comprised of specific terms and conditions. The offer in order to be binding requires to be
specific, complete, full, and capable so that it can be accepted. The offer can be implied from the
performance of parties. The acceptance in the contract is required to be unqualified and final of
all conditions that is enumerated in offer. The acceptance is required to be made without
alteration of the conditions of offer. In case new terms is introduced by the parties or the
variation of existing terms is made, it would be treated as a counteroffer. The impact of the
counteroffer is the refusal of the existing offer4. If the terms that are enumerated in the
counteroffer is accepted by the party who made an offer, then it becomes a binding contract for
either party. Email and other forms of electronic communication have been accepted in recent
3 Adriaanse, Mr John. Construction contract law. Macmillan International Higher Education,
2016.Beale, H., Beale, Hugh, et al. Cases, materials and text on contract law. Bloomsbury
Publishing, 2019.
4 Cartwright, John. Contract law: An introduction to the English law of contract for the civil
lawyer. Bloomsbury Publishing, 2016.

3CASE ANALYSIS
times as the fundamental method of communication. If the agreement is concluded in the
absence of intention of contractual parties, then it will not be deemed as legally enforceable.
The legislation refers invitation to treat as an invitation that is made by the offeror
through advertisement to the general public. The offer can be to sell a particular item, and the
offer is not made to any particular individual but to the general public.
Analysis
In the instant case, Geraldine wants to sell renaissance literature and want to advise
relating to his legal position in the contract. Geraldine expresses his intention to sell through
advertisement, which is regarded as the intention to sell. In the similar case of Fisher v Bell
[1961], 1 QB394 is the case-law of the contract under common law relating to the requirement of
valid offer and acceptance. It is held in the case that there is a formation of the contract once the
terms of the offer are accepted by other parties. The legal position is that when the terms of the
offer that is expressed by Geraldine through advertisement si accepted unconditionally by the
other party. Then the offeror is bind by the contractual obligation
Conclusion
Therefore Geraldine is bind by the contractual obligation if the terms of the offer are
accepted by other parties without making a counteroffer. Prior to that, the Geraldine is not
binding bu the terms of the offer expressed by him.

4CASE ANALYSIS
Second case
Issue
The issue involves in the instant case is what is the legal position of the offeror in the
invitation to treat under contract.
Rule
There is the formation of a contract when there is the existence of offer and acceptance,
consideration, intention to formulate the legal relationship between the contractual parties. On
the other hand, the invitation to treat is regarded as a mere invitation to submit an offer. The offer
is intended as the statement of willingness to enter in agreement. The invitation to treat deficit
the intention to construct legal, contractual obligations. The invitation to treat is treated as an
invitation to bargain that arises in the negotiation that is pre-contractual, store displays,
advertisement as well as invitation to bid in the process of public procurement5. If the invitation
is made by one party expressing his intention to the other party, that is the general public to do or
abstain from doing something. The invitation to treat is treated as a binding contract if the
definite terms and condition that is enumerated in the invitation are accepted absolutely and
unqualifiedly by the other party. Whether the statement is to be treated as an offer or invitation is
rest on the intention of the party who is making the offer6. The advertisement is regarded as an
5 Bankowski, Zenon, D. Neil MacCormick, and Geoffrey Marshall. "Precedent in the United
Kingdom." Interpreting Precedents. Routledge, 2016. 315-354.
6 Smits, Jan M., ed. Contract law: a comparative introduction. Edward Elgar Publishing, 2017.

5CASE ANALYSIS
invitation to offer, which permits the offer to disagree with selling the particular products at a
definite price.
In the case of Patridge v Crittendon, 1964, it is interpreted by the court that the offer for
sale in a similar manner as the case of Fisher v Bell. The advert is similar to products in the shop
window and is treated as an invitation to treat and not offer.
In the case of Boots v Pharmaceutical Society of Great Britain, 1953, it is held that
there is no binding contract the display of goods is treated as an invitation to treat. The customer
display goods and the offer can either be rejected or accepted by the pharmacist. Henceforth
Boots did not infringe act.
Therefore the invitation to treat is not an offer; it is a communication prior to the making
of the offer. The offeror is free to revoke the offer prior to the acceptance of an offer; the offer
can also be terminated if the terms of the offer are rejected by the offeree.
The offer is formulated when the individual expresses his willingness to enter into an
agreement that is legally binding. The invitation to treat is the passage of information to allure
people to make an offer.
Analysis
In the instant case, Nicholas place advertisement on the website of the church specified to
reward 150 to the individual who locates the person stole church signs. The two-person are
competing to reward money. The invitation to treat has not similar legal implications as that of
the offer. In case of the formal offer once it had made by the party and the same is accepted by
others. Then, in that case, there is no possibility of withdrawing the offer as the same comes
under contractual obligations. Therefore Nicholas is free to withdraw the reward for the

6CASE ANALYSIS
identification of individuals who stole church signs. Nicholas is not under any contractual
obligation because the common law treats an invitation to treat as pre-contractual
communication.
Conclusion
Therefore it can be concluded that Nicholas is authorized under common laws to
withdraw the offer that expressed by him as there is no binding contract.
Task: 2
In the case of William v Roffey Bros & Nicholls (Contractors) Ltd [1991] 1QB 1, the issue
involve is whether the conduct of subsisting obligations can amounting to consideration. It is
held by the appellate court that the doctrine of case Stilk v Myrick had advanced as it is said by
Gildwell LJ that promise make by the offeror to pay bonus for completion of work within time
was enforceable in case the promisor receive contractual benefit and the promise was not made
under duress. The appellant on his own without any force or duress offer additional payment.
The appellant achieve practical advantage by evading the punishment clause. It is said by the
Learned Judge Russel that court would consider pragmatic initiatives in actual association
between the contractual parties. Thereby the promise to make extra payment is enforceable.
Consideration is something that represent the manner the promisor get benefit or the loss
of person whom promise is actually made. The impact of the case first create the ambit of
consideration under which the particular case came into and the outcome of the case on principle
of consideration in contract. the case is implemented when the contractual obligation that is
subsisting , that which is owes to promisor. Nevertheless the above mentioned case had put
impact on the doctrine of consideration that in essence was revolutionary. There is needed to

7CASE ANALYSIS
analyze the facts of the case prior to ascertaining the outcome7. Roffey who was construction
firm had made arrangement to renovate flat block and enter in contract with the sub-contractor
named Williams. William acknowledged the offer in exchange of 20,000 as the consideration
money. William is facing financial constraint and it is quite obvious that he cannot conclude the
work on the date specified in the contract. The contract that entered into with Ronney and flat
owner involve penalty provision that stated emphatically that if the work is not concluded within
the specified period then there would be termination of contract. Thereby Roffey would not
authorize to get consideration money from the flat owners. Thereby the novel agreement was
entered into in between William and subcontractor by which William permit to make extra
payment for completing the work within the specified date.
Consideration is regarded as significant factor for the formulation of the contract under
common law. The exclusive constituent mark demarcation in between jurisdiction of civil law
and common law in the perspective of law of contract. The case examines the judgment of
William v Roffrey Bros & Nicholas (Contractors) Ltd that establish the doctrine of practical
benefit guaranteed to the offeror is regarded as adequate for the formulation of consideration.
Therefore the case is relevant as it expanded inevitably the scope of consideration. In addition to
that lead to business improbability in future. The court make the legislation more complicated
and unpredictable since it disrespect precedents. It blended the conception of essential
constituent of contract that is consideration along with economic duress.
7 Kenner, Jeff. "Inverting the flexicurity paradigm: the United Kingdom and zero hours
contracts." (2017): 153-183.

8CASE ANALYSIS
Task 4
Helena v Evergreen landscapers
The contract that is concluded in between the parties is expected to be fair and reasonable.
Thereby the unfair terms in the contract is not legally enforceable and the individual who is
aggrieved by the same is entitle to initiate action to restraining it8. The flow chart of action plan
for explaining the legal position of Helena relating to unfair contract terms is as follow:
8 Weatherall, Thomas. Jus cogens: international law and social contract. Cambridge University
Press, 2015.
The term which has impact of making the customers
approve to accept the liability he has no knowledge during
contracting leads to severe objection. There is fundamental
requirement for fairness in contract that opportunity should
always be afforded to the consumers to read and
comprehend the terms prior to signing of the contract.
If there is hidden terms in contract and the same is
unfair or any contractual terms that binds the customer
to comply or approve them. If the customer has no
knowledge at the time of signing of contractual
regarding the hidden terms then the customer is not
bind by the same. It especially happens when the
hidden contractual terms are onerous in character.
The terms which necessitate the consumer to agree that
they are bind by the linked agreement or any
regulations, rules is not valid unless there have
opportunity to read the same.
Therefore it is advised to set a cooling off period in the
agreement. That implicate the specific period when the
customer get opportunity to read and understand the
contractual terms. This is mandatory where the agreement
is complex or lengthy or contain certain terms that need to
be read and acquainted by the consumer.
The consumer must not be prohibited from
initiated legal proceedings for the hidden
terms in the contract that amounting to
exclusion or limitation clause. The unfair
terms that is enumerated in the contract is
not binding to the parties. Therefore the

9CASE ANALYSIS
In the case a contract was entered into in between Helena and evergreen
Landscapers to undertake work on garden. Helena in hurry signed a contract without
reading the same. The contract contain hidden terms which is not noticed by Helen. The
parties can seek compensation for the
There should be implementation of legal clauses
concerning monitoring of unfair conditions are
constitutional. The fundamental mechanism has
been developed by common law by which it
regulate the unfair terms of contract.
It is require for the implementation of The Unfair Contract
Term Directive,1999 that concerning with the unfair
contractual terms and afford remedy to the aggrieved party.
The unfair contract terms act facilitate comprehensive
action for policing for the diverse category of contract
terms. It is mainly concentrates on exclusion and limitation
clauses.

10CASE ANALYSIS
terms is considered as unfair and the same is treated as exclusion or limitation clause.
Helen claimed damages for misconduct committed by the employee of Landscapers. The
damages which Helen entitle to receive amounting to 1000 which is assessed on the basis
of severity of damage caused by the unauthorized act. However Landscape is agreed to
pay only 250 and according to him there is exclusion clause in the agreement.
The exclusion clause entails that the company is protected from liability that arise
from personal injury or death to consumers. The said provision is treated as unfair terms
of contract and Helena have no knowledge regarding that exclusion clause. So in that
situation Helena can bring action against Evergreen Landscapers seeking for damages.
The quantum of damages is assessed on the basis of severity of loss that incurred by the
party.
Task: 5
The damages are awarded to the aggrieved party for the breach of contractual term by
other party to the contract. The legally binding contract obliges both the parties to comply with
the specific terms and condition of the contract9. In case the breach of the contractual terms is
committed by party then the default party is bound by law to pay compensation to the aggrieved
party. Therefore the quantum of compensation is decided and assessed on the basis of the loss of
the innocent party to the contract. The main object of awarding damage in common law of
contract is to restore the original position of the innocent party. The compensation is awarded to
put the innocent party back to his original where he is prior to entering in contract. The
measurement of damages is the aggregate value of the advantage of the claimant which he entitle
9 Klee, Lukas. International construction contract law. No. s 1. Wiley-Blackwell, 2015.

11CASE ANALYSIS
to get but failed due to non-compliance by another party10. Nevertheless the amounts that is
claimed in term of damages must be reasonable and must be ascertain considering the actual loss
incurred by the party. The common law of contract put restriction on awarding compensation so
that it can afford justice to both the parties.
There are various remedies for the infringement of contractual terms. The remedies
involve specific performance, restitution, rescission, damages. The damages can be further
categorized into compensatory that is termed as actual damages. The amount is awarded by the
defaulting party is intent to replace the damage caused or to make good. The party who incurred
the loss due to non-compliance by other party is authorized to get two form of compensatory
damages. One is general damages that shield the loss that incurred and is generally awarded by
the court breach of agreement. For instance A, company make the delivery of furniture that is
wrong kind to another company B. After discovery of fact the non-breaching party insist to
deliver the right furniture. The company A, fails to supply as the same was not in stock. The
Company B get damages for breach. Special damages that can also be termed as consequential
damages shield the loss that occur in special circumstances. The special conditions or
circumstances in which the loss incurred by the party is not predictable or foreseeable by the
aggrieved party. The special damages is awarded by court in case actual loss is incurred by the
party. In order to receive special damages it is required that the non-breaching party prove that
breaching party have knowledge about the special conditions or circumstances at the period of
entering into contract. Another form of damages is punitive damages that is also term as
10 Thomas, Reginald William, and Mark Wright. Construction contract claims. Macmillan
International Higher Education, 2016.