Contract Law Essay Examples

contract but do not appear to be a relevant issue here. While it is possible for offers to be “made to the world”1, K’s advertisement is an “invitation to treat”  It cannot be construed as an offer as it shows no intention on K’s part to be bound to its terms, in contrast to the […]

Contract A contract is a promise between two or more persons involving the exchange of some good or service. Some of the basic elements of a contract include: an offer and an acceptance; “capacity,” or being of legal age and sound competence; “mutual assent,” or agreement on the terms of a contract; and “consideration,” or […]

Contract Remedies What is a contract? – promise or set of promises, for breach of which the law gives a remedy or the performance of which the law recognizes as a duty. Types of contracts- a. express: formed by language, oral or written b. implied: formed by manifestations of assent other than oral or written language; […]

The Federal National Mortgage Association (FNMA) (NYSE: FNM), commonly known as Fannie Mae, is a stockholder-owned corporation chartered by Congress in 1968 as a government sponsored enterprise (GSE), but founded in 1938 during the Depression. Contrary to some beliefs, Fannie Mae does not make home loans directly to consumers, but rather functions as an intermediary […]

Background Linda Dillon has sued Champion after she was encouraged to take a more challenging position within the company and was then fired for not meeting expectations. She claimed that she was told that it would take several months to get up to speed and that Champion would give her extensive training. Instead, she was […]

In contractual law, a mutual mistake is: “Where a mistake of both parties at the time of contract was made as to a basic assumption on which the contract was made has a material effect on the agreed exchange of performances, the contract is voidable by the adversely affected party unless he bears the risk […]

The nature of terms can be determined as a subject of any contract, which is to be set out. A term allows two parties having a binding obligation,. This allows them to perform a contract. The distinction between terms and representations can be stated as two different issues. This is because a term is an […]

“I have no radical proposals for the wholesale review of the doctrine of consideration. I am not persuaded that it is necessary. And great legal challenges should only be embarked upon when they are truly necessary. … On balance it seems to me that in modern practice the restrictive influence of consideration has markedly receded […]

First of all, it is essential to specify whether the message conveyed is an invitation to treat or an offer. According to Marson (2011) an offer ought to be a clarification of the terms that the other party must follow. In this case, Jock offers to sell 100 turkeys in exchange for £800 in cash […]

In the common law to speak of the outcome of consenting minds or, even more mystically of consensus ad idem is to mislead by adopting an alien approach to the problem of agreement. The function of an English judge is not to seek to satisfy some elusive mental element but to ensure, as far as […]

In the proposed scenario there are many factors which potentially affect whether an actual contract would exist. These include the distinction between an invitation to treat and an offer, the application of the postal rule and the circumstances when revocation may or may not be appropriate. There are also relevant case precedents that can be […]

Introduction The stringency of the doctrine of utmost good faith in English insurance law, though well known has nevertheless attracted a great deal of criticism. It makes it mandatory for the insured, prior to the formation of the contract, to disclose to the insurer without any omission such facts as are either known or should […]

Q1- Shambu Dayal started ‘self service’ system in his store. Smt. Prakash entered the store took a basket and after taking articles of her pick into the basket reached the teller for payments. The teller refuses to accept the monetary value. Can Shambu Dayal be compelled to sell the articles to Smt. Prakash? Decide. Answer […]

1. Able entered into an oral contract with Baker for the sale of Able’s car for $5,000. Later Baker breached that contract. Able wants to sue to enforce the contract. Under the Statute of Frauds, who is the “party to be charged” in this case? a. Able. b. Baker. c. Both Able and Baker. d. […]

Consideration is essential to the formation of any contract made without deed. It distinguishes a bargain or contract from a gift. Lush J in the case of Currie v Misa (1875) referred consideration consist of a benefit to the promisor or a detriment to the promisee as: “Some right, interest, profit or benefit accruing to […]

1. Dickison orders one thousand widgets at $5 per widget from International Widget to be delivered within sixty days. After the contract is consummated and signed, Dickison orally requests that International deliver the widgets within thirty days rather than sixty days. International agrees. Is the contractual modification binding? A- Both parties are merchants, the change […]

Introduction Contract is a customary of procedures guiding the relationship, content and validity of an agreement between two or more people (such individuals, businesses or other association) concerning the sale of goods, provision of services or interchange of interests or ownership. The elements of contract which are the offer and acceptance needed to be fulfilled. […]

Offer is one of the essential elements of a contract, which is a legally binding agreement made between two or more parties, other essential elements include Acceptance, Consideration, intention and Capacity. In the absence of any of these elements the contract will be void. An offer is a definite promise or proposal to be bound […]

When surveying Europe’s legal landscape, English law’s refusal to incorporate a general duty of good faith identifies it as somewhat of an oasis, standing in stark contrast to those around it. Yet in examining the net result of those ‘piecemeal solutions’ used in its place, is it truly so adrift? If, after all, these present […]

Contract Law 1 Intention to Create Legal Relations In order for a contract to be valid there must be intention to create legal relations. Enright notes ‘the requirement of intention to create legal relations is a final doorkeeper in contract. It determines which agreements supported by consideration shall be covered by contract law and which […]

According to the facts of the case Keller v. Inland Metals All Weather Conditioning, Inc, the question arises if there was an express warranty presented by the conversations held between both parties. If the express warranty was made then the decision falls on whether or not the company breached the warranty. The facts state that […]

Part A The main issues are whether or not the court would consider that the restrictive covenant in issue is void for contrary to public policy. The relevant legal principles are: A covenant must be no wider than is necessary to protect the legitimate interest of the employer. Attempting to stifle competition is impermissible and […]