• Join over 1.2 million students every month
  • Accelerate your learning by 29%
  • Unlimited access from just £6.99 per month

Explain how judges construe legislations and describe how they use the rules of construction.

Extracts from this document...


Question 1 Explain how judges construe legislations and describe how they use the rules of construction. Question 2 Explain the statement that "not all agreements are contracts". Composition of a contract A contract is founded on agreement which arises from offer and acceptance. When one person makes an offer and another person accepts that offer, there is a contract. If no or not a properly acceptance exits, there is no contract. Consequently, not all agreements are contracts. General Rule -- Communication of the acceptance The general rule is that an acceptance must be communicated to the offeror. The acceptance is generally only validly communicated when it is actually brought to the attention of the offeror. The operation of this rule was illustrated by Denning LJ v. Miles Far East Corp. In the case, he said that if an oral acceptance is drowned out by an overflying aircraft, such that the offeror cannot hear the acceptance, then there is no contract unless the acceptor repeats his acceptance once the aircraft has passed over. ...read more.


At the same time Y has performed a socially useful act in returning the dog and he should be rewarded for so doing. On the other hand, in the case of bilateral contract which imposes mutual obligations upon the parties, the effect of such a rule would be to subject the accepting party to obligations of which he was unaware. However, the rule which has been adopted in England is that a person who, in ignorance of the offer, performs the act or acts requested by the offeror is not entitled to sue as on a contract. An offer cannot be accepted by someone who is ignorant of the existence of the offer or by someone who does not have the offer in his mind when he does the act which he alleges constitutes the acceptance. 2. Acceptance by Silence The general rule is that acceptance of an offer will not implied from mere silence on the part of the offeree and that an offeror cannot impose a contractual obligation upon the offeree by stating that, unless the latter expressly rejects the offer, he will be held to have accepted it. ...read more.


3. Uncertainty of an agreement In order to constitute a valid contract, the parties must express their agreement in a form which is sufficiently certain. There are two types of uncertain agreement: Vagueness and Incompleteness. --Vagueness In the case of Scammell and Nephew Ltd v. Ouston, where the parties entered into an agreement to buy goods on 'hire purchase'. It was held that this agreement was too vague to be enforced because there were many different types of hire purchase agreements in use, these agreement varied widely in their content and it was not clear what type of hire purchase agreement was envisaged. As a result, the courts are reluctant to find that an agreement is so vague that it cannot be enforced. --Incompleteness The agreement may be incomplete because the parties have failed to reach agreement upon a particular tissue. Conclusion The above situations are no contract. The valid contract has a properly communication of offeror and offeree. In order to have a valid agreement, the offer and acceptance should exist clearly. Otherwise the contract cannot be enforced by court. ...read more.

The above preview is unformatted text

This student written piece of work is one of many that can be found in our AS and A Level Law of Contract section.

Found what you're looking for?

  • Start learning 29% faster today
  • 150,000+ documents available
  • Just £6.99 a month

Not the one? Search for your essay title...
  • Join over 1.2 million students every month
  • Accelerate your learning by 29%
  • Unlimited access from just £6.99 per month

See related essaysSee related essays

Related AS and A Level Law of Contract essays

  1. Marked by a teacher

    "The requirement of consideration is an unnecessary complication in the formation of contracts."

    4 star(s)

    Ltd [1955] where it was held that the promisor was merely being estopped from enforcing his full legal right. It must also be inequitable for the promisor to break his promise, otherwise as in the cases of D & C Builders v Rees and the Post Chaser [1982], such reliance

  2. Marked by a teacher

    Contract Law - Offer And Acceptance

    3 star(s)

    W refused to sell and H sued for breach of contract. Lord Langdale MR held that if the defendant's offer to sell for �1,000 had been unconditionally accepted, there would have been a binding contract; instead the plaintiff made an offer of his own of �950, and thereby rejected the offer previously made by the defendant.

  1. Marked by a teacher

    In this Assignment I am going to describe the requirements of a valid contract ...

    3 star(s)

    Section 13: if you are selling goods by description, for example from a catalogue or newspaper advert, then the actual goods have to correspond to that description. Section 14: the goods must be of "satisfactory quality" - that is, they should meet the standard that a reasonable person would regard as "satisfactory".

  2. Four ways in which a contract may be discharged.

    Equitable Remedies. Whilst damages are the most common form of award consideration should be given to equitable remedies. At common law damages were the only form of remedy available and it was in situations where damages did not provide an effective remedy that equity developed an alternative.

  1. Offer and Acceptance

    On Sheena's way out of the store, she found a wallet belonging to Nick. She returns it to him and then on her way home she notices a poster on a notice board requesting the return of the wallet and offering a reward for � 50.

  2. I have been asked to advise a client on considering contracting with a building ...

    The case of Byrne V Tienhoven 1880 is an example of this. The defendants were in Cardiff; the claimants in New York. The sequences of the events follow. 1 October Letter posted in Cardiff, offering to sell1,000 boxes of tinplates.

  1. Assess the problems that arise through terminating and offer

    When the shop fitters did not get paid they decided to sue, but they could not because when they had carried on working they had accepted this term of the form. This creates a problem because sometimes people are unaware they have agreed to do something because they have not read the terms of the offer.

  2. Aspects of the law affecting construction projects.

    Fisher, the plaintiff, collided with an unlit shelter at night whilst driving carefully, was injured and sued for negligence. It was held that the council would be held liable for injury or damage caused by their negligence in exercising statutory powers unless the statute that authorised the act excluded the duty of taking care in its performance.

  • Over 160,000 pieces
    of student written work
  • Annotated by
    experienced teachers
  • Ideas and feedback to
    improve your own work