The making of their agreement began with oral statement from Stylish who had demands regarding the new house, to provide curtains, blinds, and window coverings. Beauty explained to Stylish that all window coverings were provided in the contract like what Stylish wanted. Several weeks later, Stylish had agreed, and then leads to written contract signing. This is when the issue arose. Somehow Stylish signed the contract which content is contrary to what he originally demanded, different from their pre-contractual statement. That the contract price of the house excludes all window coverings, and is the responsibility of the purchaser. Stylish was upset when he realized that blinds, curtains and other window coverings were not provided.
They had a valid contract within their case, and the terms of contract are certainly not breached. Although somehow there is a misrepresentation in term of Stylish’ demand and the content of the contract. The question is whether the Stylish can get his contractual rights in relation to the window coverings.
A contract can be defined as an agreement enforceable in law. This suggests that there are some agreements that are not enforceable in law. Whether or not a contract is enforceable in law firstly depends on whether or not the following four statements are satisfied : there must be an offer, acceptance of that offer, consideration or document under seal or deed, and intention to create legal relations. If one of the mentioned elements is missing, there will not be a valid contract. Offer is an expression made by one party as an “offeror” and the person who accepts the offer as “offeree”. In another words, offer is willingness by an offeror to enter into a legally binding contract with offeree. In this case, Beauty is an offeror who offered the contract, and Stylish is an offeree whom the offer is made for. Once the offer has been set, then the next step is whether the contract would be accepted or not, which is