step discusses about the element of agreement required for the formation of a contract. STEP 2: Explain the rule(s) of law relevant to the principle/area/issue of law Identified in step one with reference to authority An agreement is a lawfully enforceable understanding between two or more persons who are known as the "gatherings" to the agreement. This implies that the court will implement the assention. Contracts make lawful commitments. Commitments comprise of relating rights and obligations
Words: 2904 - Pages: 12
OFFER AND ACCEPTANCE. PREPARED BY-ANUM SHAHID OFFER An offer is a definite promise to be bound on specific terms.It cannot be vague and can be offer to one person, to specific class of person or to the whole world. CARLILL V CARBOLIC SMOKE BALL CO . FACTS- Th manufacturers of a patent medicine is published an advertisement by which they undertook tp pay pounds reward....to any person who contracts
Words: 849 - Pages: 4
Task 1 “A contract may be defined as an agreement which legally binds the parties”. There are some key elements which are essential to form a valid and enforceable contract by the law. 1. Agreement First of all, a contract must contain an agreement. An agreement is made of an offer and the acceptance of that offer. An offer is defined as “a definite promise to be bound on specific terms”. The person who makes an offer is the offeror and the person to whom the offer is made is referred as
Words: 6167 - Pages: 25
advertisement in the Hong Kong Daily, which is about selling his prestigious apartment. The advertisement of Alex is an offer, not an invitation to treat. In Partridge v Crittenden [1968] , the newspaper advertisement without details was held to be an invitation to treat, which is not an offer. However under the case of Carlill v Carbolic Smoke Ball Co [1983], an advertisement may be an offer if it is very clear. From the advertisement of Alex, he posted a detailed advertisement on TV, which include
Words: 1286 - Pages: 6
Week: 4 Notes Intention to Contract: Parties must seriously intend the agreement concluded between them to result in the terms that can be enforced. Must have reasonable and serious intention to be binding. South Africa subscribes to the justa causa doctrine. According to that principle, an agreement is enforceable in SA if the parties who made the agreement intended to be bound by the agreement and the agreement is made for a good reason. SERIOUS INTENTION TO CONTRACT The courts do not regard
Words: 2341 - Pages: 10
applies regardless of whether either party is a merchant. 2 However, some UCC rules require one or both parties to be a merchant. 2 UCC 2-105 (definition of “goods”) 1 All things which are movable at the time of identification to the contract for sale other than the money in which the price is to be paid. 3 UCC 2-104 (definition of “merchant”) 1 A person who (1) deals in goods of the kind or (2) otherwise by his occupation holds himself out as having knowledge or skill peculiar
Words: 7343 - Pages: 30
1. Invitation to Treat v. Offer to the World at Large A contract may be defined as ‘a promise or set of promises which the law will enforce’ or as ‘an agreement giving rise to obligations which are enforced or recognized by law’ . An ‘offer’ is an expression of willingness to contract made with the intention (actual or apparent) that it shall become binding on the person making it as soon as it is accepted by the person to whom it is addressed . An offer may be addressed either to an individual
Words: 1484 - Pages: 6
Elements of a Contract BUS670 Legal Environment October 27, 2014 When talking in terms of a contract there are five elements that must exist in order for a contract to be enforceable. “The phrase enforceable by a court is significant because it means that a court can assess monetary damages against a party who does not comply with the terms of the agreement.” (Seaquist, 2012) The criteria that must be present in order to be enforceable are; offer, acceptance, consideration, capacity
Words: 1326 - Pages: 6
(a) Advise Mr. Robert whether his revocation of offer by post is effective as against Mr. James. The issue in the given situation is whether Mr. Robert's revocation of offer by post is effective or not as against Mr. James. Section 2(h) of the Contract Act 1950 defines that contract is an agreement enforceable by law. In order for an agreement to be enforceable by law, it must consist of six essential elements which are offer, acceptance, consideration, intention to create legal relation, capacity
Words: 645 - Pages: 3
Question 1: Ian brings a claim for breach of contract against Ben. Discuss whether Ian and Ben formed an enforceable contract and whether Ian is likely to succeed with his claim An enforceable contract can be described as an agreement that can be enforced by the courts. However there are certain essential elements of a valid and enforceable contract. For this purpose, it is required that one party should make an offer and the other party should accept the offer. Similarly there should be a meeting of
Words: 1092 - Pages: 5
