Essay on "Contract Law"

Essay 3 pages (945 words) Sources: 4

[EXCERPT] . . . .

The Modern Law Review. ] [4: Nestle Co Ltd. [1960] AC 87] [5: Re McArdle (1951). ]

In the contract law, for an agreement to be enforceable, it must have an intention to be legally binding. This is used in a court of law to relay a courts opinion that the parties in agreement had the intention of using the legal system to strengthen their agreement. Despite the fact that courts do not wish to interfere with private issues by focusing on a person's subjective intentions, they generally advocate for legally enforceable agreements more so those commercial in nature. Rose & Frank Co v JR Crompton & Bros Ltd. [1924] UKHL 2 is a good example of the intention to create legal partnerships.[footnoteRef:6] In this case, a document signed by one party on July 11, 1913, and a counterpart signed a month later by the other party, was upheld as an enforceable contract. The court of appeal ruled that for a contract to be enforceable there must be a common intention of those involved to enter into legal relationships. An indication of such intention will be when the parties enter an agreement that conforms to the law in regards to formation of contracts. However, in this scenario, there is no indication that the involved parties had the intention of legally enforcing their agreement. [6: Rose & Frank Co v JR Crompton & Bros Ltd. [1924] UKHL 2]

The preceding paragraphs outline the basic elements for formation of a contract. As stated for a contract to be enforceable there must be an offer from the offeror asking the offeree to do something. There also needs to be an acceptance of this offer by the offeree and there needs to be payment offer also referred to as consideration. The

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presented scenario does not favor Brian in two ways. First, there is ambiguity in the issue of acceptance of the offer. The technicality lies in the fact that the bargaining between the two was not synchronized, therefore leaving room for open interpretation of the offer and acceptance such as in Carlill v Carbolic Smoke Ball Co[3], where an offeree accepted the offer by performing an act showing their agreement with the bargain.[footnoteRef:7] Nonetheless, the mode of correspondence is unclear therefore making it difficult to analyze the details further as in Stevenson v. McLean (1880) 28 W.R. 916.[footnoteRef:8] Secondly, there was lack of consideration as presented by the scenario. This gives Amy a leeway out of the negotiations. [7: Carlill v Carbolic Smoke Ball Co[3]] [8: Stevenson v. McLean (1880) 28 W.R. 916]

Bibliography

Cameron, M. v. (1954). 91 CLR 355.

Carlill v Carbolic Smoke Ball Co[3]. (n.d.).

Entores Ltd. v Miles Far East Corporation [1955] EWCA Civ 3. (n.d.).

Nestle Co Ltd. [1960] AC 87. (n.d.).

Nolan, D. (2011). The Classical… READ MORE

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Quoted Instructions for "Contract Law" Assignment:

“

CUSTOMER IS REQUIRING TO WORK WITH ***** ON THIS ORDER.

Assignment overview This essay tests your legal problem solving technique, including the ability to identity legal issues, argue both sides and apply legal principles logically to determine the outcome of a legal dispute.

Assessment details In the answer, you need to provide the advice sought as to whether there is an enforceable contract. You should explain the arguments for both parties and provide legal authority (precedents) to support the arguments. You should also indicate what further information (if any) is needed.

Question 1 Amy was interested in buying Brian’s car. They negotiated for several days without reaching agreement. The last thing Brian said to Amy was “The lowest that I am prepared to go is $10,500.” That night Amy wrote to Brian saying: “I will give you $10,500 for your car but I will need a roadworthy certificate”. At the same time Brian wrote to Amy: “I will let you have the car for $10,200 but that is definitely my lowest price”. The messages were both received on Wednesday. Amy has decided that she is not interested in the car after all. Brian wants her to go through with the deal. Advise Amy and Brian.

Assessment criteria You must demonstrate that you are able to: 1. Identify the main and minor issue(s) for each scenario 2. Identify missing information and explain the relevance of this in relation to the legal issue(s) in each scenario 3. Outline and present all arguments for and against that are relevant to each scenario 4. Apply correct and relevant cases to the scenario/problem 5. Demonstrate legal referencing and evidence of legal authority and argument

Can you please use about three or four examples from any of the following cases which ever you think works best:

1. Carlill v Carbolic Smoke Ball Co(1893) 1 Q.B. 256 2.Australian Woollen Mills Pty Ltd v Commonwealth 3.Harvey v Facey(1893)AC 552 4.Grainger & Son v Gough(1896) 5..Routledge v Grant(1828) 4 Bing 653;130 ER 920 6..Byrne v van Tienhoven & Co (1880) 5 DPD 344 7..Powell v Lee (1908) 99 LT 284 8.Henthorn v Fraser[1892] 2 9.Felthouse v Bindley (1862) 11 CB (NS) 869;142 ER 1037 10.Masters v Cameron (1954) 91 CLR 353 11.Entores Ltd v Miles Far East Corp (1955) 2 QB 327 12.Henthorn v Fraser [1892] 13.Hyde v Wrench (1840) 14.Ramsgate Victoria Hotel Co v Moltefiore (1866) LR 15.Butler Machine Tool Co Ltd v Ex Cell O Corp (England) Ltd ( 1979) 1 WLR 401 16.Rose and Frank Co v Crompton Bros(1923) 2 KB 261 17.Mc Gregor v Mc Gregor (1888) 21 QBD 424 18.Eastwood v Kenyon (1840) 11 Ad&El 438;113 ER482 19.Niesmann v Collingridge (1921) 29 CLR 177

AGAIN, SORRY for the information overload

How to Reference "Contract Law" Essay in a Bibliography

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