Contract Essays

Risk Is Inherent In any project today, and project managers need to constantly assess risks and continually develop contingency plans to address them. In project management risk management plans are an essential part of project planning, and can often time occur well Into the execution phase of a project. In the case of Altex Corporation […]

 Liabilities of Principals and Agents If a person knowingly and without objection permits another to act as his agent, the law will find in this conduct an expression of authorization to the agent, and the principal will not be permitted to deny that the agent was in fact authorized. In other words, the principal Is […]

Christabel, representing Friends of the Forest (Friends), and Dee, representing Paper Supplies Pty Ltd (Paper), are both facing a complex problem that is difficult to resolve. The situation involves their commercial trade, which requires four fundamental elements for a contract to exist. In this scenario, it is evident that all four elements are met. However, […]

To determine if Jacky can sue Samantha for breaching a contract, the existence of a valid contract between them must be examined. According to the Oxford Dictionary of Law1, a legally binding agreement results from an offer and its corresponding acceptance. However, for it to be enforceable by law, consideration (unless it is in the […]

I will argue that although the common law seems to permit cumulative causes of action within its domestic context (See Henderson), this doesn’t automatically translate to an application within a “conflicts” context. The main hurdle to this “automatic translation” is the coming into force of certain European legislative instruments such as such as the Regulation […]

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 […]

With an increasing global emphasis on capitalism and international trade, the relationship between employers and employees is gradually stabilizing. The ultimate beneficiary of this dynamic remains uncertain, but it is widely acknowledged that money serves as the motivating factor with success as the ultimate objective. The path to achieving this desired outcome differs for each […]

Two or more parties come to an agreement through a contract where each pledges to either perform or abstain from certain actions. The key components of a legally binding contract include the offer, acceptance, consideration, capacity of the involved parties, and a legal purpose. Such contracts may be formed among individuals, businesses or a mix […]

The principle of caveat emptor is a doctrine that was dominant in the English legal system pre-19th century. Its literal translation means ‘let the buyer beware. ‘ The common law maxim is as the translation suggests, that the courts will not offer any protection for consumers who have entered into a contract which is a […]

Contracts play a vital role in both personal and business matters. They ensure that disputes arising from a failure to fulfill obligations are resolved fairly and equitably, maintaining balance between parties affected. This principle applies universally, whether the obligation is not met or the party suffers from it. Every day, we create contracts that have […]

In this scenario, there are several legal contractual principles that require analysis. The first issue to consider is whether there was a valid contract between Julie Waters and Cheapskate Film Company and what constitutes a valid contract. To do so, we must first determine if an agreement existed between the parties which, in this case, […]

“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 […]

According to Bruce’s letter about his acquisition of a previously-owned Mercedes from Asbury Motors, a probable form of action is misrepresentation. As per common law, misrepresentation is characterized by a false statement of fact communicated by a party to another party. Although not an explicit term of the contract, the main reason for its formation […]

It is generally accepted within the law of contract that the ideal[s] of contractual fairness and liberty should prevail in contractual disputes. Central to these ideals is the doctrine of consideration and the principles within this doctrine such as, the lack of adequacy needed for consideration and the rules derived from both Stilk v Myrick […]

The doctrine of Promissory Estoppel was developed in the late nineteenth century for the purpose of preventing injustice where one party goes back on their promise when the other party is in reliance of that promise. The doctrine was first established in Hughes v Metropolitan Railway Co. [1877]1 and has been developing till date. The […]

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 […]

Although this restrictive narrow usage undermines and contradicts the element of common and statute law, it is essential to restrict it to avoid a further disintegration of the law.  As Lord Wright expressed, the doctrine of frustration “is modern and flexible and is not subject to being constricted by an arbitrary formula”. 1]Its application is […]

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 […]

This specific scenario highlights two main issues. Initially, according to the terms outlined in the agreement, the traders were obligated to complete all work by the end of November. Secondly, the paint recommended by the supplier did not function as anticipated by the customer and began peeling off of the pier after just six months, […]

As highlighted by Jill Pool in the text ‘Case Book On Contract 4th Edition’, the hypothesis advocated by many is that the eidolon of consideration is enough; the intention to create legal relations is not sine qua non. This essay embodies such a theory, which is also postulated by Hepple in his article “Intention To […]

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 […]

In this paper I attempt to explain how successful Transaction Cost theory of vertical integration is in explaining why some businesses have moved into e-commerce faster than others. Please note that by ‘faster’ I do not specifically mean the speed at which the adoption has taken place. More emphasis is put on the extent of […]