Defined by MacQueen and Thomson, a contract is: “… an agreement between two or more parties having the capacity to make it, in the form demanded by law, to perform, on one side or both, acts which are not trifling, indeterminate, impossible or illegal." . While drunk on a stag night out in Glasburgh, Ben bought a 1970s London-style Routemaster for £57,000. Which on the following morning he said that did not mean to order the vehicle, but Colin (the seller) insisted on the deal. To determine whether the contract will stand between Ben and Colin, as defined by MacQueen and Thomson, the essential features of contract formation, together with the intention to create legal relations and his contractual capacity will need to be examined.
The first important issue that would have to be tackled is that of contract formation. Was there an offer and a relevant acceptance of that offer? To begin with, it needs to be determined whether there was an offer. Ben bought the bus through the ‘garthdon-jumbles.eu’ website and despite a price being displayed the initial advert was an invitation to treat. An invitation to treat is “when the person who made the invitation to treat is not obligated to accept the offer in the absence of a promise to do so” . The invitation to treat was only then made into an offer when Colin sent an email of acceptance saying: “Hello Ben! Thank you buying the Routemaster! I confirm that I accept your offer to buy the vehicle for £57,000. When can I expect you to
Identify the facts from the scenario which support your decision on whether or not a contract exists for the purchase of the automobile.
A contract is an official agreement between two parties. There are different types of contract, such as sale and purchase of a business agreement, partnership agreements, lease of business premises, lease of plant and equipment and employment agreements. The format can vary too. It can be face to face, written, or distance selling. The specifications of a contract involve offer and acceptance, the intention to create legal relations, lawful considerations, capacity and legal formalities such as terms and conditions.
This agreement, made on August 1, 2015, to begin on September 1, 2015 between Adam Cmar and Summer-Lynn Cmar,(going forward stated as Adam & Summer-Lynn or “Landlord(s)”), and Paul Eric Tickle,(going forward stated as Eric or “Roommate(s)”) Melanie Margaret Tickle,(going forward stated as Melanie or “Roommate(s)”) this agreement poses as witnesses that Adam & Summer-Lynn have agreed to provide 2 ROOMS to Melanie & Eric Tickle, along with their son, Jeremiah, and the “Tenant(s)” have agreed to receive both rooms from Adam & Summer-Lynn at 25 Wells Ct, in the City of Rocky Point, North Carolina, to be occupied as a strictly private dwelling space by the above named individual and no other persons. This Roommate Agreement is a legal and
A contract is a legally obligatory promise or set of promises (Bagley, C. 2013). If this promise is broken, either party involved can be legally responsible and take the other party to court. There are four basic elements in the creation of a valid contract. The first consist of an agreement between the parties involved, by an presented offer and acceptance. The second states that the parties’ promises must be supported by something of worth, known as consideration. The third advises both parties must have the ability to enter into a contract. The fourth element states the contract must have a legal purpose (Bagley, C 2013).
A contract is an agreement between two or more parties which in Scotland does not need to take a specific form, as a spoken agreement is still equally as enforceable as a written contract in certain circumstances such as in most social and domestic arrangements. A contract creates a legally binding bond between the parties involved. Contracts are made everyday sometimes without even realising it from buying a coffee to buying a house.
A contract is an agreement that creates an obligation that is enforceable by the law. The law has clear guidelines that before there exists a contract that will be binding, there has to be an offer, acceptance, mutual obligation and all parties should be of sound mind and by law be of legal age. A contract can either be written or spoken. Assuming that the buyers were at the required age went to the car dealership looking to purchase a new car.
A contract is a promise between two or more parties that the law recognizes as binding by providing a remedy in the event of breach. In order for a promise to be enforceable it must be supported by consideration. Consideration can be defined as a bargained for exchange between the promisor and promisee; a promise can not be considered a contract without consideration. Common law states also require mutual assent to exist for a contract to be enforceable, this means that there must be an offer and an acceptance of said offer. For example, if a promise is made between two consenting people and one of those
They went ahead to confirm their verbal agreement by paying an amount that partly makes them show desire to purchase the automobile. In return, with mutual understanding the salesman keeps the car and calls them to confirm if the purchase would be completed. A contract that is legally binding does exist here. There are factors in this scenarios that show a legally binding agreement is in existence.
A contract is an exchange of promises or a promise in exchange for performance, for breach of which the law gives a remedy, per Restatement 2nd of Contracts §1. For the contract to be valid there has to be mutual assent, parties mutually agree upon the same specific thing. Per Restatement 2nd of Contracts §54, there are two types of contracts: unilateral, where acceptance is by performance, and bilateral, where there is an exchange of mutual promises and both of the parties have the rights and duties.
A contract is an arrangement between two or more parties that creates rights and obligations to each party. The essential parts of a contract are as follows:
Contracts can be defined through promises between parties that are enforceable through law. We know that both parties agreed verbally, an oral agreement was made to hold the car for one day with a hundred-dollar deposit and Stan agreed to the terms that the deposit was refundable. Contracts can be in in two form which are written or oral. Based on the elements of contracts, many fundamentals factors are considered mandatory to form a contract that is binding on parties and are primarily outlined through the following:
I would advise Kevin as the sign in the window advertising the sale of his car for 7,500 euro was an ‘invitation to treat’ it may appear contractual however he is inviting others to make an offer of their own so he wouldn’t be contractually bound to Andrea. Also with the fact Andrea sent an email when Kevin specially asked for it to be in writing to his home address we could argue due to his terms of sale were not adhered to.
A contract is an agreement made with an intention of legal rights and obligations which the law will enforce. It contains the agreement, consideration and intention. It also have some other things to consider, like capacity of parties, genuine consent or legality of object.
A contract is a written or spoken agreement between two or more parties that involves the exchange of two promises, which is intended to be enforceable by law. The four basic elements are the offer, consideration, acceptance, and mutuality. When elements are broken down individually, each one is just as important as the next. If one of these elements are broken or misunderstood, it could mean result in the contractual agreement becoming not valid and end in lawsuit. The overall purpose of the contract is for legal purpose and to keep a order within an agreement.
[Insert your answer for question 1 here; answer all other questions likewise immediately following the question.] After saying the fourth statement, Sam is accepting the agreement by saying “that sounds great to me”, but nothing has been accepted legally because there has not been a selling amount stated for the bike yet. From Sam’s statement, the reasonable person would assume there will be a contract, but as of right now there is not.