All of the case studies are concerned with the Law of Contract, specifically the formation of a contract and the differences between an invitation to treat and a contract. We will investigate each consumers’s specific contract or lack thereof individually and advise Bruce on his legal position. A contract is an agreement between two or more parties which in Scotland does not need to take a specific form, as a spoken agreement is still equally as enforceable as a written contract in certain circumstances such as in most social and domestic arrangements. A contract creates a legally binding bond between the parties involved. Contracts are made everyday sometimes without even realising it from buying a coffee to buying a house. A …show more content…
The area of Law concerned in this case is The Law of Contract specifically relating to the revocation of an offer and counter offers. The case Wolf and Wolf vs Forfar Potato Co Ltd (1984) directly links to the case between Bruce and Ken. As Bruce is once again dealing with the Law of Contract specifically the non-acceptance of an offer, he is under no legal obligation to sell Ken the rare vinyl at the original price of £40. When Ken rejected the original offer he created a counter offer which in Scots law is a completely new offer and caused Bruce’s original offer to lapse and was up to Bruce to decide wether or not to accept the new terms, after Bruce rejected the counter offer all offers between Bruce and Ken had lapsed. When Ken came back insisting that there was a contract between them and he was entitled to the album Bruce was in fact under no legal requirement to give Ken the vinyl as all offers had lapsed and no contract existed between then. In the case of Fisher v Bell (1961) a shopkeeper had displayed a flick-knife in his window with a price tag next to it but under the restriction of Offensive Weapons Accontents Restriction of Offensive Act (1959) it was illegal to sell hire or offer to sell or hire any knife which had a blade that opened automatically, on December 12 1959 the shopkeeper was brought to trial alleging that the defendant had broken the law by offering to sell the knife in his shop. The
There are two instances where unconscionability comes into question by reference to cases bought forward under statute. The first being that under section 20 and the next being under section 21 both from the Australian Consumer Law (ACL). To understand these sections, both equity and the scope of unconscionability need to be examined.
A contract is an official agreement between two parties. There are different types of contract, such as sale and purchase of a business agreement, partnership agreements, lease of business premises, lease of plant and equipment and employment agreements. The format can vary too. It can be face to face, written, or distance selling. The specifications of a contract involve offer and acceptance, the intention to create legal relations, lawful considerations, capacity and legal formalities such as terms and conditions.
I will take a step by step analysis of the situation between Brenda and Albert. Firstly, I will advise Brenda and afterwards Albert. I will present the facts chronologically, as given to me, and advise on each issue individually with supporting evidence. I will refer to court cases and legislation such as Consumer Rights Act 2015, Sale of Goods Act 1979, The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 and Unfair Contract Terms Act 1977. I will conclude by stating that despite the overwhelming evidence against Albert, supported by precedent court cases, there is no legal contract between the parties. I will provide Albert with legal advise assuming both business to business and business to consumer
A contract is an agreement that creates an obligation that is enforceable by the law. The law has clear guidelines that before there exists a contract that will be binding, there has to be an offer, acceptance, mutual obligation and all parties should be of sound mind and by law be of legal age. A contract can either be written or spoken. Assuming that the buyers were at the required age went to the car dealership looking to purchase a new car.
A contract is an agreement between and offeror, and an offeree, that can be enforceable by a court of law or equity (Cheeseman, 2010). A contract consists of the following elements; agreement, consideration, contractual capacity, and lawful object. Understanding each of these elements is of the utmost importance to ensure that each party involved has a good understanding of what is expected from one another.
A contract is a legal document that states and clarifies a formal agreement between two different people or groups. This implies that an agreement between parties must have a strong backing by law. The following are therefore required for a contract to be mandatory for all participants involved. These elements in a contract prove whether the contract is regarded credible or not credible: The objective is to build a legal relationship, offer and acceptance, consideration, capacity to contract and legality.
A contract is legally binding in a court law and an agreement between two or more parties. a contract can be written or verbal. A written contract is an agreement by two or more parties on a printed file that has been signed by both of the parties while verbal contracts are agreement which have been agreed by verbal statement. Written contracts are legally binding and it is easier to implement than verbal contracts. It is better that the business arrangements are in a written contract to avoid facing problems when you are trying to prove a contract existed.
A contract is a legally binding agreement between two or more persons that is recognised by the courts. In order for an agreement to be legally binding there are certain criteria that have to be met. One of these criteria is capacity. The majority of us have the capacity to form a legally binding agreement, however certain categories of people are limited by law to make contracts the main categories are minors, people judged incapable of contracting due to mental disorders, drunkenness or under the influence of drugs.
Similar to most cases that are brought through the judicial system, the circumstances of Marshall Petersen and the Muscadine grapes are complex and convoluted. One must not evaluate this matter solely based on what is ethically right or wrong. Rather, legal precedent must be evaluated to explore previous outcomes and the facts surrounding such results. Research begins with classic contract dispute concepts and further navigates based on the applicability of lesser known cases. The facts will guide all analysis of this contractual dispute, leading to a decision based on an educated interpretation of the law.
A contract is an arrangement between two or more parties that creates rights and obligations to each party. The essential parts of a contract are as follows:
Besides that, goods on display is an invitation to treat and it is not an offer. (Pharmaceutical Society of Great Britain v Boots Cash Chemists (Southern) Ltd[1953] 1 QB 401)
Contractual agreements are supposed to be consensual, and freely entered into by the parties involved. Therefore, ‘before a court enforces a relationship as a contract, the courts must have a reasonably certain basis in fact to justify binding the parties to each other.’ (St. John’s Law Scholarship Repository, no date). Resolution of whether a contract was intended to be legally binding is not determined by what the parties themselves thought or intended. Rather, a more objective stance is taken by the courts. This is known as the objective theory of contract, and essentially enables ‘the courts to look at external evidence (what the parties said and did at the time)’ (Poole, 2006, p. 34), as to objectively indicate the parties’ intentions
Another matter for legal consideration is whether Boris accepted the counter- offer and if the method of acceptance was legally binding. An acceptance converts the promise of the offeror into an agreement[6]. The acceptance by Boris to Michael’s counter-offer contained two key elements:
A contract is a written or spoken agreement between two or more parties that involves the exchange of two promises, which is intended to be enforceable by law. The four basic elements are the offer, consideration, acceptance, and mutuality. When elements are broken down individually, each one is just as important as the next. If one of these elements are broken or misunderstood, it could mean result in the contractual agreement becoming not valid and end in lawsuit. The overall purpose of the contract is for legal purpose and to keep a order within an agreement.
A contract is an agreement between people or legal entities (such as corporations) in which one party agrees to perform a service or provide goods in exchange for the payment of money or other goods or services. A binding, legally enforceable contract can be in writing or oral.