Essays on contract law

for Lon L Fuller and Melvin Aron Eisenberg (American Casebook Series) 5th edition. A K is a promise or a set of promises for the breach of which the law gives a remedy Except as otherwise provided, the formation of a K requires a bargain in which there isa consideration To constitute consideration, a performance […]

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 […]

It has been known for major companies to be in the light of the court for breach of contract. Depending on the stipulation of the contract most companies end up losing, but it is solely based on what the contract states. For example, in the matter of Grocery v. Masterpiece, (Specific performance, 2008) as a […]

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 […]

Grocery, Inc. Paper It has been known for major companies to be in the light of the court for breach of contract. Depending on the stipulation of the contract most companies end up losing, but it is solely based on what the contract states. For example, in the matter of Grocery v. Masterpiece, (Specific performance, […]

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 […]

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 […]

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 […]

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 […]

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 […]

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. […]

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 […]

“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 […]

The law of contract achieves a fair and reasonable balance in resolving disputes between those who break their contractual promises and those injured by those breaches.Contracts occur in our day-to-day life activities. It is very important, both in the business world and our everyday life. Businesses make multi-million pound deals, buying and selling. Our every […]

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 […]

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; […]

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 […]

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 […]

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 […]

Both the parties in the question have come to a problematic situation which is complicated to resolve. Friend’s of the Forest (Friends), represented by Christabel, is involved in a commercial trade with Paper Supplies Pty Ltd (Paper) which is represented by Dee. A contract needs four essential elements to exist. In the situation, it is […]

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 […]

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 […]