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Four Elements Of A Contract Essay

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A contract is an agreement between two or more parties to create legal obligations which are enforceable by law. The contracting parties must have the same understanding of the terms before a contract is formed. The four essential elements of a contract are offer, acceptance, consideration and intention to create legal relations.
Offer is a statement by one party to a contract that he or she proposes to do something. An offer may be communicated in writing, orally or by conduct. It can be made to a specific person, a class or group of persons and the world at large. Revocation or withdrawal by offeror, rejection by offeree, lapse of time and death would make an offer come to an end. However, ‘invitation to treat’ is not an offer. It is only invite someone to commence negotiations and make an offer.
Acceptance of an offer is an agreement to accept an offer and therefore to enter into a contract. It must be an unqualified and unconditional assent of the offer. General rule stated that an acceptance needs to be communicated and the communication of acceptance is …show more content…

In Donald’s case, Donald needs to give an offer to EC before a valid contract is formed. When Donald saw the advertisement, he sent an email to EC on 1 April 2017 for room reservation from 3 June 2017 to 5 June 2017. In Harvey v. Facey, Harvey sent a telegraph to enquire for the lowest price of Bumer Hall Pen and Facey replied to Harvey as requested. Even if Harvey replied that he agreed to buy Bumper Hall Pen for the sum of 900, the court held that there was no contract because Harvey is merely asking for the information from Facey. It is slightly different from Donald’s case because Donald stated clearly that he requested for reservation. At this point of time, Donald made an offer to EC. Donald is an offeror and EC is an offeree in the agreement. A contract will exist once EC accepts the offer provided by

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