Contracts are an important part of everyday life. They are an essential part of business. As a student of a business law class, I will discuss in this paper several aspects of contracts. This paper will give a definition of a contract and the essential elements necessary to form a valid contract. It will briefly discuss breach of contract and the difference between a material breach and a nonmaterial breach of contract. Examples of legal and equitable remedies available for breach of contracts will be highlighted. Also, legal excuses for nonperformance or other grounds for discharge of contracts will be addressed. Finally, three types of common contracts personally and professionally encountered will be mentioned.…
Contracts are made by people every day, whether the parties recognise it or not. Each time one spends money on anything – a bus ticket, an airline ticket, a pair of shoes, a meal in a restaurant, laundry services, books, or signs a lease, etc. one concludes a valid and legally binding contract. Contracts may be oral or written; may arise by parties’ conduct; may involve large or trivial sums of money and may be of short or long duration. The contents and subject matter of the contract also vary widely, creating different kinds of contracts including contracts of sale, hire purchase, insurance, employment, marriage, mortgage, leases etc.…
A contract is an agreement between two or more competent parties in which an offer is made and accepted, and each party benefits. When we look to see if a valid contract has been formed we look at the formation of the contract i.e. offer, acceptance, consideration and Intention to create legal relationships. This is an integral part of contract law. In England and most civil law countries existence of a contract depends on a theory that parties intend to be legally bound. The rule dates back to 1919’s where the court dismissed that a husband can be enforced to pay a fixed amount of sum he promised his wife. The doctrine of intention focuses primarily on whether both parties intend to be legally bounded by a contract. This area of law has become increasingly important over the year especially when there is no clear indication or mirror image in writing that the parties have a contract in place. It’s a matter of policy otherwise commercial agreements won’t be enforceable and doing business without a contract in place will be difficult and will raise doubt/fear among parties to enter into a commercial agreement.…
“Australia’s legal system is based on the English legal system.” To what extent is this statement correct? Discuss.…
Facts: P is suing D for wasted expenditure arising from D’s breach of K to star in their production…
“To create a binding agreement the acceptance must occur, and that ‘acceptance’ must be final and absolutely unconditional. This is clear under Australian contract law.”…
The respondent is unable to justify the violations of Section 8 and 10 of the canadian charter of rights and freedoms (charter) with regards to section 24 (2) of the charter. Section 24 (2) states that where in proceedings under section (1), a court concludes that evidence was obtained in a manner that did not infringe or deny any rights of freedoms guaranteed by the charter, the evidence shall not be excluded if it is established that, having regard to all the circumstances, the admission of it in the proceedings would bring the administration of justice into disrepute (charter).…
Contracts can be delegated through contract of service or contract for service and are regulated by the common law. The contract of service is comprised within an employee-employer contract, whilst the contract for service is based upon a contractor-client contract. A number of tests including, but not limited to; control, mutuality of obligation, integration, results and risk test, have been applied to denote the distinction between the two determinants. Hollis v Vabu (2001) 207 CLR 21 and Australian Air Express Pty Limited v Langford [2005] NSWCA 96 portrays the legalities of contracts and enables interpretation towards the existing nature of ‘contract of services’ and ‘contract for services’.…
While it is possible for offers to be "made to the world”1, K 's advertisement is an…
Firstly, we have to distinguish whether Jack makes an invitation to tender or an invitation to treat. According to Harvela Investments Ltd v. Royal Trust Co of Canada (CI) Ltd (1986), the usual analysis is that an invitation to tender for a particular project is simply an invitation to treat. ' However, in the case of Harvela Investments Ltd, the invitation to tender is treated as an offer implicating legal obligations. I believe that Jack was making an invitation to treat rather than an invitation to tender, constituting an offer, for several reasons; firstly, the terms of the invitation are vague, with no specification of time for which acceptance of the most competitive tender ' will remain open till; secondly, I infer that the lack of formality in Jack 's proposal indicates Jack 's lack of intention to create legal relations; thirdly, invitations to tender only creates obligations where justice demands it, since it costs a relatively large amount to produce the tender, whereas in this case, I infer that that there is little cost in producing the tender, hence, justice wouldn 't demand legal obligations. Moreover, Jack states that he will accept the most competitive ' tender ' which is a subjective judgement since most competitive ' can mean various things; thus it is a value judgement which the court cannot enforce or decide. Using the objective test of intention, I believe that a reasonable person would know that Jack did not intend to form contractual obligations with either parties. Thus, I conclude that Jack makes an invitation to treat to three parties: Bob, Ken and Andy. An invitation to treat is an expression of willingness to embark on negotiations with the other party to see whether the agreement can be reached further down the path. ' Thus, Jack is not making an offer; the offer is made by he person who submits the tender and the acceptance is made when the person inviting the tenders accepts one of them. Therefore, Jack 's invitation to…
A contract is an agreement between two or more parties, which can be legally enforceable. A contract maybe written or oral, although an oral agreement can be difficult to prove in court. In order for a contract to exist it must include four elements, that being offer, acceptance, intention and consideration. (Sweeney & O’Reilly 2007 pg 160). A contract only exists when an offer has been accepted, an offer has the intention to be legally binding and the willingness to contract on certain conditions (Butt 2004 pg306). Accepting an offer means agreeing to the contract and in essences agreeing to the terms of that contract, an offer can’t be withdrawn or rejected and only the offeree is able to accept the offer, this acceptance must be final and unqualified (Sweeney & O’Reilly 2007 pg 180).…
By the case of Hughes v Metropolitan Railway Co the doctrine of Promissory Estoppel was establish and the derivation of modern doctrine of it is to be found in the…
For parties to be bound by an agreement, it must first be determined if a prima facie valid and enforceable contract exists. A contract can be defined as an agreement containing promises made between two or more parties with the intention of creating certain legal rights and obligations and enforceable in a court of law [1].…
A contract is an agreement between two or more parties that creates an obligation to do or not to do something. The parties to the contract are under an obligation to perform the terms and conditions as laid down in the contract. Thus a contract can confer rights or impose obligations arising under the contract on the parties to the contract. Third parties cannot be under such an obligation to perform or demand performance under a contract. This is referred to as Privity of contract.…
The question of capacity is governed by the general law of contract, and anyone who has the capacity to make a contract may become a member of a company. Certain special cases must be considered…