TCA Assignment: Contract Law - Offer, Acceptance, Agreement Analysis

This assignment analyzes several key aspects of contract law. It begins by differentiating between an offer and an invitation to treat, referencing relevant case law. The document then examines whether an agreement has been reached, considering the exchange of information and the importance of communication in acceptance. It proceeds to evaluate whether an offer has been accepted and the intention to create legal relations within an agreement. Furthermore, the assignment explores the concept of consideration, addressing the validity of part payment of debt and agreements to forgo a portion of the debt. The assignment concludes by discussing the implications of part consideration and subsequent promises in a sales context, providing a comprehensive overview of contract law principles.

TCA

Contents
1.Explain whether ___ mail to ___ is an offer or an invitation to treat?.....................................3
2. Explain whether an agreement has been reached between __ and__ for the sale of King......3
3. Explain whether ___ has accepted __ offer to king.................................................................3
4.Explain there is an agreement which is intended to create legal relations between __ and.....3
5.Explain whether........................................................................................................................3
6.Explain whether........................................................................................................................4
REFERENCES................................................................................................................................1

1.Explain whether ___ mail to ___ is an offer or an invitation to treat?
An invitation which is related to treat can be defined as the offer invitation that has been open for
negotiation. An offer is basically defined as willingness or an expression to do something. Offer
can be accepted by other party. The example can be taken from relevant case law which is
Carbolic Smoke Ball Co ltd (1982). It has also been analyzed that the proposal can only be open
for a short period of time. The expiry of proposal can lead to legal effect (Mawdsley, 2019).
2. Explain whether an agreement has been reached between __ and__ for the sale of King.
The reply that has been given first is a request for information, in this he/she does not reply
firmly. Enquiries has been done to offerer to know whether to accept offer or not. It can make
situation really disguised that can lead to rejection of offer. In this the offer must be
communicated to other party before accepting them. The risk related to overlooking emails can
also be raised. It has been analysed that an offer only exists when the other party give its
acceptance and it is also being heard by both parties (Lanzoni, 2016).
Entores v Miles Far East Corp (1955) stated that acceptance can be effective only if
communication of acceptance is included. In the same context Brinkibon v Stahag Stahl
elucidated that in case of instantaneous communication risk assessment, sound business and
intentions of parties can help to achieve this. The individual who is responsible or sending
acceptance message must have complete knowledge that if message has not been received. There
are instances when offerers are clearly bound as they can be prevented or estopped from
communicating that he did not receive acceptance message. It can be concluded that there is
significant variation between rules of instantaneous communication and rule about post. Contract
is accomplished only when offerer receives the acceptance.
3. Explain whether ___ has accepted __ offer to king
The king has accepted the offer. The offer was made on 12 December but letter of contract
arrives late to him. This does not cancel the offer. But the posting of letter has been made on due
date (Samuel, 2018).

4.Explain there is an agreement which is intended to create legal relations between __ and
It has been analysed that social and domestic offers are not being legally abided. It has been
analysed that the agreement is not been legally bind but presumption is being rebutting.
5.Explain whether
(a) A part payment of debt is good consideration: It has been analysed that the creditor must
not accept the part payment for a full consideration. However, if part payment is being
made to them then it can be taken as a good consideration.
(b) It has been analysed that agreement related to forgo the pound 40 has been enforceable.
From the case study it has been identified and interpreted that he does not have to re pay
the remaining amount. It has not been abided by law.
6.Explain whether
(a) Part consideration is not a good consideration: It has been analysed that part
consideration is not a good consideration. The party must pay the full amount.
(b) It has been analysed that there was no promise which was being made at sale. So it
cannot be considered as later promise.

REFERENCES
Books and Journals
Samuel, G., 2018. Table of common law cases and practice directions. In Rethinking Legal
Reasoning. Edward Elgar Publishing.
Mawdsley, S.E., 2019. A History of Public Health: Revised and Expanded Edition by George
Rosen.
Lanzoni, S., 2016. Imagining and imaging the social brain: the case of mirror neurons. Canadian
Bulletin of Medical History.33(2).pp.447-464.
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