Part A: Media report analysis Question (a) 10 marks 1) Using the four-step process‚ discuss the elements of intention and consideration required for the formation of a contract. In particular‚ consider whether these elements have been met in order for there to be an enforceable contract between Kate and the travel agency. For a contract to exist parties to an agreement must intend to create legal relations. The existence of intention is ascertained objectively by having regard to the
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TABLE OF CONTENTS 1. Introduction ……………………………………………………………..2 2. Communication‚ acceptance and Revocation of Proposals……………...3 3. Communication when complete…………………………………………6 4. Acceptance must be absolute……………………………………………11 5. Acceptance by performing conditions‚ or receiving consideration……..13 6. Conclusion………………………………………………………………15 7. Bibliography…………………………………………………………….16 INTRODUCTION Indian Contract Act 1872 is the main source of law regulating contracts in Indian
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Expression: Terms must be firm and final. Changing the terms in statements cannot be regarded as a proposal. Contracts under various situations 1. Unilateral Contracts: These are one sided contracts. For example Advertisements. Case Law: Carlill v. Carbolic Smoke Ball Co. (1892) 2Q.B.484. is an English contract law decision by the Court of Appeal‚ which held an advertisement containing certain terms to get a reward constituted a binding unilateral offer that could be accepted by anyone who performed
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Contract By definition under Sec 2(h) Contract Act 1950‚ “an agreement enforceable by law is a contract”. A contract is a promise or agreement between two or more parties that is enforced by law to be legally binding. It may involve a duty to do or refrain from doing something‚ and the failure to perform such duty is a breach of contract. The role of law in a contract is not to punish the breaching party but to provide remedies to restore the person wronged to the position they ought to occupy if
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Donoghue v Stevenson (1932) AC 562 Facts: Mrs. Donoghue found a decomposing snail in the ginger beer and claimed to have suffered gastroenteritis and severe shock upon the sight of the snail. She sought to recover damages from Stevenson‚ claiming that the presence of snail was due to his negligence. Could Mrs. Donoghue bring an action in negligence against Stevenson? Stevenson argued that as they were not in a contractual relationship‚ hence there was no special relationship and therefore he
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CONTRACT LAW INTRODUCTION The Law of Contract governs the relationship between individuals in a wide range of circumstances. Everyday actions often involve making contracts and therefore the law has simple foundations. Contract law covers everything from simple shopping to large commercial deals and case law is wide in the matters that it covers also. Contracts are made by ordinary people in everyday situations many times a day e.g. buying a magazine‚ shopping‚ parking the car etc. Usually
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With case examples‚ explain what is meant by the terms offer and acceptance‚ in reference to English Law. 1. The terms offer and acceptance are terms most commonly found in contact law. An offer makes up the first part of a contract‚ it is imperative that the offer is definite. The term offer is defined by Treitel as: ’...an expression of willingness to contract on specified terms‚ made with the intention that it is to become binding as soon as it is accepted by the person to whom it is
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Sargant J held that Mr Balfour has no obligation to support his wife. Carllill vs carbolic smoke ball co. The Carbolic Smoke Ball Company made a product called the "smoke ball". It claimed to be a cure for influenza and a number of other diseases‚ in the context of the1889-1890 flu pandemic (estimated to have killed 1 million people). The smoke ball was a rubber ball with a tube attached. It was filled with carbolic acid (or phenol). The tube would be inserted into a user’s nose and squeezed at the
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The PLC concept is very useful to marketers and brand managers for many reasons. First of all‚ the concept establishes that products follow a life cycle that starts when they are launched‚ from there they will grow and will‚ one day‚ die. However‚ the most important advantage of this model is that it divides the life of a product in several stages with different characteristics‚ mostly based on the sales level and growth: introduction‚ growth‚ maturity and decline. This division allows managers
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Contract: enforcing bargains made between parties. Requirements for a valid contract • AGREEMENT between the parties • Requirement of CERTAINTY – terms of the contract/what’s going to happen during the life of the contract • INTENTION to create legal relations (formal agreement where they expect the law to be involved) • CONSIDERATION (giving each other party something of value which underlies promise they are making) AGREEMENT: (bargain negotiated between two parties) Looking at it objectively:
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