Tuesday, May 5, 2020

Introduction To The English Law Of Contract - Myassignmenthelp.Com

Question: Discuss about the Introduction To The English Law Of Contract. Answer: Issues: The present issue is concerned with the determination of the rights and obligations of the parties to the contract that are determined in respect of the terms of that contract. Rule: According to the Australian contract law, a contract is defined as the lawful enforcement of the promises which was made as the portion of bargain which is liberally entered into by the parties and forming a legal relationship among them (McKendrick 2014). For a contract to be valid there are six necessary elements that helps in lawful binding of contract formation; Agreement: Agreement among the parties since Considerations: This consist of supply of goods or service or the promise undertake or not undertaken for a specific act in exchange of value Capacity: Capacity of entering into the lawful relations Intentions: The intentions of the parties to form legal relations Certainty: The contract must be certain, clear and binding Form: The contract must be in whatever form required by the law Application: As evident from the case study there was the clear acceptance of the offer by Will made by Tim. Both the parties entered into the agreement and held the capacity of entering into the legal associations. Citing the reference of BP Refinery (Westernport) Pty Ltd v Hastings Shire Council [1977] HCA 40 the contract between Will and Tim will be considered legal irrespective of whatsoever form required by law (Cartwright 2016). Conclusion: Conclusively even though the offer is not made in writing but it remains legally binding between Will and Tim. Will cannot accept the offer made by Lucy. Reference List: Cartwright, J., 2016.Contract law: An introduction to the English law of contract for the civil lawyer. Bloomsbury Publishing. McKendrick, E., 2014.Contract law: text, cases, and materials. Oxford University Press (UK).

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