Contracts 1 Assignment

A contract is an agreement which normally consists of an 'offer ' and an 'acceptance ' and involves the 'meeting of the minds ' or consensus between two or more parties with the intention to create a legally enforceable binding contract. Therefore in this essay, the four core elements needed for the formation of a contract such as offer, acceptance, and consideration and intention to create legal relations will be discussed briefly.

I advised Vivian of her Miranda Rights. Vivian told me she understood her rights and was willing to speak with me.

In this assignment I will be giving advice to Rick’s girlfriend on whether she has a legal right to return the laptop that Rick bought for her. I will be analysing whether a valid contract was formed and who it was formed with.

In order for a contract to be considered valid four elements must be present, 1) Agreement 2) consideration 3) contractual capacity and 4) legal object (Kubasek, N. 2011 pgs. 304/305).. In Sam’s case of his invention, the first element, Agreement, certainly exists. Sam had made a verbal “offer” to deliver one thousand units to the chain store, and the stores letter to Sam demanding delivery of the product can be considered an acceptance of his offer. The second element of a contract is the consideration or the bargained for exchange under the contract (Kubasek, N. 2011 pg. 343). While one might assume that in this situation each party had agreed to exchange something for others services, there is no evidence

Each woman was handed a key after she signed the book. “Unfortunately, we are currently operating with a skeleton staff, only those necessary for business, since most of the guest rooms are closed for renovations. I will get your luggage to your rooms as soon as I can.” Explained Joseph as he put the book away.

In order to advise Billy, it is integral to deconstruct the key facts and consider the law in order to determine if there is contract present. After that, we will have to determine the contents of the agreement to distinguish what are the terms and what are the representations. Finally, after

because she was very satisfied with the care she was receiving, even though all her wants were

I have been asked to provide a legal opinion regarding whether Margaret’s arrangement with Frames for Less is legally enforceable, and also regarding the auction at St Francis College. The main issues I will cover in this opinion is whether Margaret’s arrangement with Frames for Less was a contract in the eyes of the law. I will look into whether Frames for Less’s letter was an offer, whether Margaret accepted this ‘offer’ and whether it was a valid contract. I concluded that Frames for Less did in fact make an offer to Margaret and she did accept this offer, so it was a valid contract. I will also determine whether the Girdler paintings were legally required to be in the auction at St Francis College by looking at whether the advertisement was an offer or an invitation to treat, I determined that the advertisement for the auction was an invitation to treat and that St Francis College were not legally required to sell the paintings.

Mrs. Turner then sees another property on the market for £250,000. She offers the asking price for this and it is accepted ‘subject to contract.’

On the contrary, Mandy could have made a counter offer to pay in instalments as this explains Arthur’s willingness to pursue the sale. If this is the case, then Mandy would have been in a similar

she executes an instrument of suretyship which the creditor accepts without dealing directly with her personally, she has a prima facie right to have it set

According the scenario, this problem is concerned about distinguishing between the offer and an invitation to treat. The answer need to be consider When a valid offer is made and whether there is an agreement between Necola and Janet by accepting the offer. The main rule is that the acceptance must be communicated to the offeror. Until and unless the acceptance is communicated, no contract comes into existence.

Contracts Exam Question (with sample answers) Question 1 H. Bigbus (B hereafter) operates a construction supply business in Harrisburg. B specializes in supplying difficult-to-locate plumbing and light fixtures for contractors who do remodeling work. B sent the following letter to five contractors in the Harrisburg region: OFFER TO THE TRADE We have cornered the market for a source of brass "Orient Express" wall hanging light fixtures. We know (and we're sure that you do, too) that these fixtures are in such great demand that they are nearly impossible to obtain. If you are willing to take all your needs from us, we'll guarantee delivery at $20.00 each. I. M. Sap (S hereafter), a contractor who remodeled about twenty houses per year,

On the other side, Mrs Carlill bought one of the balls and used it in the manner specified, yet still managed to get influenza. When she asked for the reward the Carbolic Company claimed that there was no enforceable contract between it and the user of the smoke ball on the grounds that there was no acceptance of the offer, because Mrs Carlill had never notified the Company that she accepted its offer, nor furnished any consideration. The court held that in unilateral offers, the advertisement is an offer which was accepted by Mrs Carlill. The courts also looked at the parties intention, such as the fact that 1000 pounds were deposited in the Bank showed a genuine intention to create a legal relationship. There was consideration furnished by Mrs Carlill when she purchased the smoke balls. Hence there was a binding contract.

Several weeks later Stylish agreed to purchase the proposed house and signed a written contract. The contract however contained the following clause: