Contract Law Principles: Analyzing Hilary's Contractual Situations

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Added on  2023/01/06

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This essay provides a comprehensive analysis of contract law principles, focusing on the contractual relationships of Hilary with Eleanor, Amy, and Olivia. It begins by defining contract law, outlining its blueprints, and explaining the elements of a valid contract, including offer, acceptance, consideration, and legality. The essay then delves into the English legal system, detailing the different types of courts and advising parties on the appropriate court action to pursue, with a focus on the County Court for the given scenarios. Furthermore, it assesses whether binding contracts exist between Hilary and the other individuals, referencing relevant case law such as *Partridge v Carttiden* and *Entores v Far miles east corporation*. Finally, the essay explores the various remedies available to parties in contract law, such as compensation and specific performance, to resolve disputes. The conclusion emphasizes the importance of contract law for conducting business effectively and within legal boundaries, offering guidelines for individuals to conduct their work appropriately. The essay utilizes several scholarly sources to support its analysis.
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Table of Contents
INTRODUCTION ..........................................................................................................................3
MAIN BODY .................................................................................................................................3
1. Explain contract law and define all blue prints of a contract..................................................3
2. Define court system in respect to English legal system and advice parties which court
action to pursue...........................................................................................................................4
3. Advice Hilary whether binding contract exist among herself and Eleanor, Amy and Olivia.5
4. Define various remedies available to parties..........................................................................5
CONCLUSION ...............................................................................................................................6
REFERENCES................................................................................................................................7
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INTRODUCTION
Contractual relationship is determined as legal bonds among the two or more people who
generally get agree to the at least one term or condition. There are main three stage of the
respective relationship i.e. offer the plan, acceptance of offer and then valid consideration for
checking legal as well as valuable aspects (Ali and et.al., 2020). The respective report is based on
the contractual relationship situation of Hilary with different people i.e. Eleanor, Amy and
Olivia. The topics covered in respective project are meaning of contract law and its blue prints as
well as it also include court system in respect of English legal system. Moreover it also include
advice for Hilary as well as it also include various remedies for the parties.
MAIN BODY
1. Explain contract law and define all blue prints of a contract
Contract is considered as legal binding documents which mainly recognizes as well as
governs the duties and rights of different parties who are involve in the agreement. The contract
is enforce legally because it help in meeting requirement as well as approval of law. In the
contract there is generally exchange of service, goods, money or promise take place. Moreover,
contract law is determined as body of law which is related to developing as well as enforcing
agreement. Contract is determine as agreements which a party change to court in order to
enforce. Along with this, contract law is determined as an area which mainly governs
development of contract as well as carry out them as well as fashioning fair remedy whenever
there is breach (Assaad and et.al., 2020). Any person who is conducting business adopt contract
law, in this both consumer as well as companies will opt for the contract when they are generally
buy and sell goods. Moreover, it will also use for several other aspects such as when there is
occurrence of license products or activities, employment agreements and many more. Contract
law ensure that transaction are conducted in smooth manner without any misunderstandings or
issues. In addition to this it also allow parties to do their affairs in confident way as well as it also
sure that parties to transaction are clear on their terms.
In addition to this, there are several elements of contract law which is essential to
required for resolving disputes among parties. In this first element is offer that define that
contract is always initiated along with the offer. It is generally considered as the way or amount
which need to pay to other parties in respect of mutual condition or agreed terms. While decision
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it is necessary for the party to conduct evaluation of offer in order to ensure that all demand as
well as requirement meet successfully and this will also leads to successful decision. For
example – in the case of Hilary, he offered trade journals for £15,000. The next component is
acceptance in which offer is being accepted as it will meet the both parties interest of law. This is
mainly conducted among the person who is going to offer something as well as with person who
will accept the offer. For example – in given case Hilary offer the painting in £1 and it is
accepted by Olivia (Azarmsa and Cong, 2020). After that, consideration element take place
which is determine as procedure in which exchange of accepted item and offer will done. This
will comprise of several things such as performance of the existing duty, past consideration as
well as promissory estoppel. After that last element of contract is legality in which contract is
being conducted out in the legal form developed by government. It is essential to opt for the
respective element as that will ensure that future and after of biding process issue will not arise.
For example – in respect of given case Hilary is condition its operation according to legal aspect
without affecting any aspect.
2. Define court system in respect to English legal system and advice parties which court action to
pursue
The English legal system is define as system of United Kingdom which is bifurcated into
three main jurisdiction i.e. Scotland, Northern Ireland and England and Wales. Each jurisdiction
has their own laws, lawyers, court system as well as judges. There are several types of court
system which are related to the English legal system such as crown court, county court, supreme
court, youth court, royal court of Justice and magistrates' court. County court deal with issues
related to personal injuries, divorce, family issues, claims for debts, breach of contract related to
goods or property and repossession of houses (Types of courts in the UK, 2020). Magistrates'
court mainly deal with criminal cases and along with this it also hear issues related to no
payment of council tax bills, granting betting, alcohol licenses, gambling, family law matters and
hearing cases which deal with family as well as children. Next type is crown court which hear
issues related to rape, murder and robbery whereas royal courts of justice which is bifurcated into
specific groups and each one has its own courts such as high court, court appeals and
administrative court. In addition to this youth court hear issues related to the young offenders
whose age among 10 to 17 (Getnet, 2020). the supreme court at the United Kingdom which
considered primary aspects of law which used to determined by committee in the house of lords.
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In respective court those issues or cases are discussed which are not successfully resolve in other
courts. From all these courts most appropriate court for case of Hilary, Eleanor, Amy and Olivia
is County court as this court solves issues related to the goods or property.
3. Advice Hilary whether binding contract exist among herself and Eleanor, Amy and Olivia
According to the first case in given case study, Hilary made an offer that showcase as the
invitation of offer. In respect of Partridge V Carttiden, in order to enter into the contract law it is
essential that both the parties must be agreed. In respective case Hilary present offer to Eleanor
but Eleanor not accepted it due to issue of bargaining of price as well as it leads to ceasing of
contract (Hryshko and et.al., 2020). In addition to this, case two is based on the posting rule
which is depict acceptance of the offer generally take place when communication will done
properly. Moreover it is also determine that when there is acceptance is accepted through the
postal mode then their will he chance that it may get decline. According to the other judgements
is under the Entores vs Far miles east corporation. The third and last case is in offer is invited by
the Hilary, the respective case is different from the other two cases because in this Hilary cancel
or decline the offer which is accepted by Olivia (Shen and et.al., 2020). So due to this no contract
conducted because here both parties are not agreed on the deal. By conducting analysis of all the
cases of Hilary, Eleanor, Amy and Olivia the deals was not accomplished because both the
parties are not agreed on the deal. This show that for the successful deal it is essential that all
parties involve as well as agreed on the common deal or situation.
4. Define various remedies available to parties
In context of contract law, when any issues arise to the parties then there are several
solutions that consider for the resolving issues successfully. The solution can be based on
compensation as well as particular performance through which issues can be resolve in effective
way. In context of compensation, according to the court order when their will be breach of
contract due to any cause in respect of monetary damages then court need to oversee reason for
the breach of contract as that will be leads to development of effective and appropriate decision
(Mwesigwa and et.al., 2020). In addition to this, particular performance or relied, it is generally
used when there is damage take place for the non performance or if the damage is not able to
measured. This will provide solution that parties may cancel the contract in order to avoid issues.
This show that the main method of resolving issue is that to always try to convince parties to
agree on the agreement.
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CONCLUSION
Through the analysis of above mentioned topics it can be determined that for conducting
business it is essential to conduct effective contractual relationship because through that they can
operations within the legal bound. In respect of this it is essential to adopt contract law because
that provide guidelines to the person through which they able to conduct their work in effective
as well as appropriate manner for the succession of business. Along with this, it is also essential
for an individual to conduct evaluation of whole situation with the other person so that they can
develop strategies of conducting business accordingly.
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REFERENCES
Books and Journals
Ali, S. and et.al., 2020. Practitioner's view of barriers to software outsourcing partnership
formation: An empirical exploration. Journal of Software: Evolution and
Process. 32(5). p.e2233.
Assaad, R. and et.al., 2020. Back-to-Back Relationship under Standard Subcontract Agreements:
Comparative Study. Journal of Legal Affairs and Dispute Resolution in Engineering
and Construction. 12(3). p.04520020.
Azarmsa, E. and Cong, L. W., 2020. Persuasion in relationship finance. Journal of Financial
Economics.
Getnet, S., 2020. Networking and partnership formation for AECD.
Hryshko, V. and et.al., 2020. Integrated processes as an effective means of formation of legal
knowledge. Journal of Physical Education and Sport. 20. pp.952-957.
Mwesigwa, R. and et.al., 2020. Contract completeness as a foundation to relationship building
among stakeholders in public private partnership projects. International Journal of
Public Administration. 43(10). pp.890-899.
Shen, L. and et.al., 2020. Between contracts and trust: Disentangling the safeguarding and
coordinating effects over the relationship life cycle. Industrial Marketing
Management. 84. pp.183-193.
Online
Types of courts in the UK. 2020. [Online]. Available
through:<https://www.contactlaw.co.uk/types-of-courts-in-the-uk>.
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