Week 6 Assignment 1 Essay

The assignment for this week is regarding enforceable contracts. In an effort to determine if a contract is enforceable, there first has to be the basic understanding of a contract. According to Sequist, it is important to know that contract law is governed by common law or the Uniform Commercial Code. (Sequist, 2012) A contract is considered a legally binding document. (Matt and Fleming, 2012) Due to this fact, it important that all parties involved have a full understanding of what the contract entails in the event that some form of ligation or dispute arises.

Jacob Miller the buyer of the sports car has agreed to pay the asking amount of four thousand five hundred dollars and wants to continue and proceed with the completion of purchasing the vehicle. This contract is only valid if the seller Jake Smith provides all that is required to provide to the buyer Jacob Miller. The buyer will need to be handed the complete the bill of sale. The title will need to signed over to the new owner. A release of liability will need to be signed. Warranty documents and

Offer: “Offer has a special meaning in contract law. An offer exists where one person indicates to another a willingness to enter into a binding agreement on certain terms.” (Sweeney, Reilly, & Coleman, 2013). An offer is considered as a proposal from the offeror that contains some certain terms, which can be accepted or rejected by the offeree. An offer must be escorted by an aim to be legally bound. In the given case, an offer was emailed to John, the owner of Office Supply from CompyHelp’s salesperson Sophie. Offer is not a request for information. It was an offer not an invitation or an advertisement (Partridge V Crittenden [1968] 1 WLR 1204).

Offer-An offer can be oral or written as long as it is not required to be written by law. It begins the contract. It is simply what is being offered to another for the return of that person's promise to act. It can’t be unclear and must be spelled out in terms that are specific and certain, such as the identity and nature of the object which is being offered and under what conditions and or terms it is offered. For example if you go to buy something from ATT there offer is giving you a phone and services for a certain price if you stay with them for at least 2 years or you pay early termination fees.

Professor Treitel defines the term offer as an offer can be defined as expressing a willingness to create a contract based on certain terms. This offer is made with the understanding that it will become binding as soon as the offeree accepts it; it essentially means in order to establish a legally binding contract between two parties, there has to be first an offer made by one party and acceptance from another party or parties, meaning that both parties have the same element of intention to establish a legally binding contract between them, this is known as ‘the mirror image rule’ the offer and acceptance both have to both match.

The contract involved as stated, an “offer”, which is a communication of willingness to carry out an action on certain circumstances, which are made with the purpose that an compulsory agreement will exist once it is accepted, and an ‘acceptance’ which is the ultimate and complete agreement to all of the terms of the offer.

A proposal to enter into certain arrangements, usually accompanied by an expected acceptance. For example, an offer to purchase a house for $50,000.

Secondly, acceptance which is a final and unqualified expression of consent to the terms of the offer and it is made up of three parts. If it is to form an agreement, an offer must be accepted in accordance with its precise terms. It must exactly match the offer and all terms must be accepted. It must be firm this means that acceptance must be unconditional although counter offers can be made to try to negotiate price. It also must be communicated to the offeror as this part of the acceptance means that the communication can only be held by an authorized person to be effective, this can be seen in the case of POWELL V LEE (1908) 99 LT 284 in which Powell was informed that his job

An offer is a request from one party to another to begin a contractual obligation. An offer also indicates a desire to be tied in by the agreement with the acceptor. An acceptance is to agree to the conditions set forth in the contract. The action of acceptance produces the contact. We then need to have consideration which has to be received as stated in the contract. Consideration is the notion of legal value which can be in the form of money, services, or items, just to name a few.

A contract is a valid or legally binding agreement between two parties. Contract is also said to be as a set of promise which the court and law will enforce it. Not all contract need to be presented in written form. A written contract is normally drawn up by listing all of the terms agreed between two parties . Furthermore, these two parties will need to sign and date the document at the end. In order to form a contract, there are six important elements required. This includes offer, acceptance, consideration, intention to be legally bound, capacity to contract, as well as legality of promises.

Defined by MacQueen and Thomson, a contract is: “… an agreement between two or more parties having the capacity to make it, in the form demanded by law, to perform, on one side or both, acts which are not trifling, indeterminate, impossible or illegal." . While drunk on a stag night out in Glasburgh, Ben bought a 1970s London-style Routemaster for £57,000. Which on the following morning he said that did not mean to order the vehicle, but Colin (the seller) insisted on the deal. To determine whether the contract will stand between Ben and Colin, as defined by MacQueen and Thomson, the essential features of contract formation, together with the intention to create legal relations and his contractual capacity will need to be examined.

An offer refers to the contract shows a promise and the willingness people enter into a bargain. The offeror is offering on a certain term and the invitation accepts by offeree (Corbin Arthur, 1917). Besides, acceptance is based on the performance of the willingness offeree invited to be bound by a term of a contract. Once the offeree have the intention and accepted on the terms of contract, communication must be made by the offeree on his acceptance to the offeror (lawschoolhelp.com and Craig A. Smith, 2015). For example, Ali accepts an offer of employment and he agree to work based on the wages offered after communicated with the company. Next, an exchange promise contract is known as consideration. It concerned on bargain contract which benefits of suffers by both offeror and offeree. There must be something value terms in the consideration such as in the case of Thomas v Thomas (1842) which is the desire of John Thomas’s wife to have the house or 100 pounds after his death (e-law resource). Other than that, capacity defined that all parties must be qualified in a binding contract. The parties must be at

Acceptance is construed by communication of final assent to the terms of the offer, made in the manner specified or indicated by the offeror. The acceptance brings about consensus ad idem (a meeting of the minds) , which must be in reliance of the offer .

Refraining or promising to perform or not perform some in exchange for something else. An offer must be stated and delivered in a way that would lead a reasonable person to expect a binding contract to arise from its acceptance (Offer, n.d.).

A contract is any legally binding agreement that is made between two parties. In the legal system an agreement must be between two people or more parties whereby the agreement must be entered voluntarily. In the agreement a lawful object must feature in and should create legal obligations which may either be one or more between the parties coming into an agreement. In the legal system, for a contract to become, it must involve two elements which are namely offer and acceptance. Therefore, the contract elements of offer and acceptance must be conducted by two proficient parties or people who have got legal aptitude. This is to ensure that the parties involved exchange deliberation in order to arrive at a