Math

Topics: Contract, Misrepresentation, Contract law Pages: 2 (1068 words) Published: November 1, 2014

The case between Beauty and Stylish involves concept of a valid contract, pre-contractual statements, express term and misrepresentation. A valid contract is established between Beauty and Stylish when an offer is accepted and there is intention for both parties to create legal relations. An offer refers to the expression of willingness of the offerer to be contractually bound by an agreement if his or her offer is properly accepted. It has to be clear and certain in terms. It must also be communicated to the offeree before it is being accepted. In addition, the acceptance has to be unqualified, unconditional and made by a positive act. In the case of Beauty and Stylish, a positive act refers to the signing of the contract. All terms of the offer must be accepted without any changes and cannot be subjected to any condition, taking effect only upon fulfillment of that condition. When Beauty and Stylish enter into the agreement, they must intend to bind and bound legally to each other by their agreement. This is the intention to create legal relations between two parties. In the meanwhile, this contract must possess consideration. A contract must therefore be a two-sided affair, with each side providing or promising to provide something of value in exchange for what the other is to provide. Every contract, whether oral or written, contain terms. The terms of a contract set out the rights and duties of the parties. Terms are the promises and undertakings given by each party to the other. They form the substance of a contract and they specify the way in which contractual obligations are to be performed. These terms can be set out expressly or are implied into the contract by fact, trade custom or law. In the case of Beauty and Stylish, Clause 3 is an express term. The express terms of a contract are those which the parties have specifically discussed an agreed upon, be it orally or in writing. In this contract, Clause 3 mentioned that the contract price of the...
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