Contract law Essays

  • Contract In Contract Law

    1365 Words  | 6 Pages

    Introduction Pretty much as property law is worried with making legal rights, and tort law and criminal law with shielding them, contract law and related legal fields are expected to accommodate the systematic exchange of rights starting with one individual or association then onto the next. This section will give an expansive diagram of a portion of the sorts of agreements that can be made, the sorts of rights they can exchange, and a percentage of the legal confinements and necessities included

  • Elements Of Contract Law

    2695 Words  | 11 Pages

    It is generally agreed upon that a contract plays an important role in our daily lives. Each day as we buy a drink, take a flight on an aeroplane, purchase furniture or even enrol in a college, we are entering into a contract. A contract is defined as an agreement that is made between two or more parties, giving rise to legal rights and obligations that is enforceable by the law. Contracts are normally written but it can be spoken or implied, and generally have to do with sale, employment, lease

  • Importance Of Contract Law

    1028 Words  | 5 Pages

    Contract law is an agreement that has some commitments which is enforced by the law and it contains all the terms and conditions that is signed between by two parties. In engineering and construction world, contract law is a basic rule and term that engineers should understand and have enough experience and knowledge about the basis of contract law in order to produce a successful project. Engineers should understand the regulations and principles of the contract law such as studying the Risks of

  • Impossibility In Contract Law

    1750 Words  | 7 Pages

    fault of either contracting party and render performance of the contract impossible or radically different from what the parties contemplated when they enter into it. Subsequently leading the Courts to call in frustration and discharge the contract irrespective of the parties’ wishes. Due to its radical impact towards the contracting parties, the threshold of ‘impossibility’ is set very high by the Courts thus frustration of contracts is of limited practicability. The definition of ‘impossibility’

  • Warranties In Contract Law

    1264 Words  | 6 Pages

    Introduction This question requires an examination of the law of contract and the nature of the subject matter that was contracted between the parties. Only Antonia and Jonathan are legally bound by and entitled to enforce the contract (Coulls v Bagot’s ) and may sue or be sued under the contract. The rights and obligations of Antonia and Jonathan depend on whether the contract has been validly terminated. If the contract validly terminated, all future obligation will be terminated, but obligations

  • Contract Law Elements

    1388 Words  | 6 Pages

    fourth element of a valid contract is capacity to contract. Contractual Capacity is the legal ability to enter into a contract. Minors have certain rights and obligations established by the courts when it comes to contracts. Once a person reaches the age of 18, they are considered a major in every state in the nation. In addition to minors, other persons are able to avoid contracts. Mentally impaired and intoxicated people or convicts lack the capacity to enter into a contract. In principle, every person

  • Morality And Contract Law

    1210 Words  | 5 Pages

    Introduction Morality and contract law look like two separate concepts, however, if we consider deeply, we will discover the relationship between them. Morality and legality are traits of law. Consulting the fact that contract law should consider the acceptance of both sides, it will involve more problems about morality. If we attempt to understand the linkage, we should interpretation correlate notions of morality and contract law. What I intend to demonstrate is to hold the understanding of the

  • Contract In Common Law

    2507 Words  | 11 Pages

    Question 2) According to the common law legal system, a contract is an agreement enforceable by law between two or more parties, with each of the parties having the intention to create certain legal relationships between or among them. (Wex, 2008) There are four elements that makes up a valid contract, mainly Offer, Acceptance, Considerations and Intention to create legal relationships. In the case where any one of the four elements is not present, the contract or agreement would not be a valid one

  • Holborn Law: Case Is An Invitation To Contract

    980 Words  | 4 Pages

    Bhd. is an offer to contract. The question of whether an advertisement of a job position on the newspaper is an offer to contract is mainly based on the intention which it made by the party in the case. If the party makes an advertisement that intends to be bound, once it is accepted undoubtedly then it can be explained as an offer. On the other hand, if the party who makes an advertisement without doing it on purpose, it is mere to be an invitation to treat (Holborn Law Tutors Ltd., 1982).

  • Remoteness In Contract Law

    737 Words  | 3 Pages

    Introduction The term of remoteness refers to legal test of causation that is used to determining the types of loss caused by a breach of contract or duty which may be compensated by a damages award. In another word, remoteness is a set of rules in both tort and contract, which limits the amount of compensatory damages for a wrong. We can refer to the case of Hadley v. Baxendale where Baron Sir Edward Hall Alderson had declined in allowing Hadley to recover his lost profits in this case, holding

  • Unconscionable In Contract Law

    868 Words  | 4 Pages

    considered violable and enforceable within contract law. Valid contract is an agreement among the both parties, whereas unconscionable conduct is where one of the party taking unfair advantages and entering on a contract acknowledging the other parties disadvantage and disability. The contract can be voidable due to unconscionable conduct by the defendant when the plaintiff proves; they had lack of ability or disadvantage to protect themselves entering the contract and the defendant had known of the advantages

  • Difference Between Contract Law And Tort Law

    1353 Words  | 6 Pages

    Contract law versus tort law Contract law is guidelines that represent contractual agreement between persons or dealers. An agreement is essentially an understanding between parties outlining their responsibility to each other. Contracts can be formed for any sort of collaboration. In this way, contract laws may address different transaction for the sale of good and services. Contract laws outline what a person can or cannot include in an agreement, and what the remedies are if a party breaks their

  • Importance Of Consensus In Contract Law

    1781 Words  | 8 Pages

    REQUIREMENTS OF A VALID CONTRACT A court of law will only award a remedy for a breach of contract, only if the contract is valid. A contract is a legal relationship between parties which entitles them to performance and/or obliges them to perform in terms an agreement. For a contract to be valid and binding in South Africa, the following requirements must be met: There must be a “consensus ad idem” between the contracting parties.A consensus is referred to as “meeting of the minds” or “mutual agreement”

  • Importance Of Contract Law In Malaysia

    1118 Words  | 5 Pages

    In Malaysia our contract law is governed and enforced by the contract of 1970. The terms of the contract must be very specific and accurate so that there will be no controversy between the two parties. This is to avoid any performance of the contract to be ambiguous interpretation by the court. Thus the court might make error order which the parties never intended or contemplated. That is why, that is very important when making a law contract, the rules performance of the contract must be accurate

  • Elements Of Contract Law In Malaysia

    981 Words  | 4 Pages

    Introduction A contract law is one of an important thing as it is the legal foundation whereby business transaction can be conducted. A contract can be defined as an agreement whereby it can be legally forced between two or more competent parties for a certain action. A contract is a form that is resulting from the combination of two ideas, which are agreement and obligation . The Law of Contract in Malaysia is basically regulated under the Contract Act 1950. According to the section 2(h) of the

  • The Importance Of Contract In Common Law

    899 Words  | 4 Pages

    In common law, There are four elements for forming a binding contract, namely, the intention to create legal relationship, offer and acceptance and consideration. The functions of the elements sometimes overlapping with respect to the relevant definitions, I am of the opinion that intention should be the most important element among the four of them. Although minority of academics might argue that “intention is the least important contractual element since consideration is a token of the intention

  • Contract Law: Three Types Of Misrepresentation In Law

    1790 Words  | 8 Pages

    ISSUE The issue here is if there has been a misrepresentation made in the contract between Mr Smith and Mr Jones. LAW A contract is a legally binding or valid agreement between two parties. The law will consider a contract to be valid if the agreement contains all of the following elements: offer and acceptance; an intention between the parties to create binding relations; consideration to be paid for the promise made; legal capacity of the parties to act; genuine consent of the parties; and legality

  • Substitution Clause In Contract Law

    1529 Words  | 7 Pages

    removes the element of personal service, and consequently contradicts a contract of service. This will often leave workers to be self-employed and employers can mitigate legal liabilities. The courts in Ready Mix applied a pragmatic and contractual approach, weighing up all the factors in the contract against a contract of service. MacKenna J identified three essential conditions to question if the terms were consistent to a contract of service. Addressing these conditions, substitution clauses removes

  • Traditional Approach To Contract Law

    2036 Words  | 9 Pages

    legally enforceable, or not. To speak in legal terms, a contract may be defined as “an agreement which is legally enforceable by law”. In order for a contract to be valid, it must contain certain elements. Lord Denning MR, has stated that in traditional terms, these elements are no longer up to date. This essay will analyse this statement, by examining the different elements of a

  • Undue Influence In Contract Law

    1250 Words  | 5 Pages

    Introduction Undue influence is a vital concept under the contract law. It exists in situations where one party to a contract entered into an agreement with the other party due to the result of pressure exerted to him by that other party. The innocent party who has been subjected to the pressure may then seek an action to set aside the said contract. Undue influence can be said to be developed from the doctrine of duress under the English Common Law. Hence, it can be said that undue influence has certain