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University Degree: Contract Law
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- Marked by Teachers essays 4
than being in any way enforceable For a contract to be formed an offer made must backed acceptance of which there much be in consideration. Both parties engage in must intent to form legal relation on a lawful matter which must be entered into freely and should be possible perform. The legal relation I explained it above is one of the crucial part of element of contract. There are some essential elements of a contract namely that an agreement is made as a result of an offer or acceptance.
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Law of Contract Example considering invitation to treat, offer and acceptance, intoxication of alcohol and revocation of an online purchase.
an invitation to treat even if it calls itself an offer and quotes a price. There are certain situations that are held to be invitations to treat rather than offers. These being; goods in shop windows, goods on display in self-service stores, offers to the public at large or advertisements and quotations. For example, the case of Harvey v Facey was where it was objectively viewed that the communication of ?I accept? actually constituted to an offer. However, since the other party did not reply to that statement, the ?offer? stood unaccepted, and therefore there was no contract between the parties.
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In the case ofButler Machine Tool Co Ltd v Ex-Cell-O Corp (England) Ltd 1 WLR 401 (CA), Lord Denning advocatedan alternativeapproach to the traditional mirror-image rule forcontract formation.Discuss whether you consider the courts should adopt the traditional approach or that of Lord Denning when deciding whether a contract has been formed.
Any attempts to amend the offer (excluding noted exceptions to the rule, such as that empty term will be disregarded and that an additional term for the benefit of the offeror) will result in a counter-offer that cancels out the original offer; this was decided by Lord Langdale in Hyde v Wrench and it remains good law to this day. This method is favoured as it improves certainty for the parties to a contract, the knowledge that they will not be contractually bound until there is equivalent offer and acceptance, and also for the courts themselves as it provides set rules to follow.
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This paper will critically discuss the validity of the doctrine of Consideration, in terms of its result and the reasons advanced by the judges in William v Roffey and how it would seem to permit any variation of a contract.
Subsequently, consideration is a fundamental part of contract law and is used to distinguish between enforceable and unenforceable contracts. Hence, a promise cannot be binding unless it is contained in a deed, of a gratuitous nature (a gift), or is supported by consideration. The doctrine of consideration is based on the idea of reciprocity, ? something of value in the eyes of the law must be given for a promise in order to make it enforceable as a contract? (Thomas v Thomas). Conspicuously, the doctrine of consideration is governed by many rules and exceptions, notably, that consideration must be sufficient but need not be adequate as was apparent in Chappell & Co v Nestle Co Ltd, where three chocolate
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whether the contractual exemption clause applied to the breach; and if so (2) was it considered 'fair and reasonable' under s.55 of the Sale of Goods Act 1979 and s.2(2) of the Unfair Contract Terms Act 1977 (UCTA) for the defendant to rely on it in this case. Initially the case was heard in the High Court who ruled against Finney Lock Seeds finding that the seeds (as described) could not be considered seeds on the basis they did not work and therefore the exclusion clause being relied upon had no contractual effect.
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