Contract Law
Table of Contents
1.0 Introduction 2
2.0 Main Body 3
2.1 Offer & Acceptance 3
2.2 Consideration 4
2.3 Discharge of contract 5
2.3.1 Discharge by Breach 5
2.3.2 Discharge by Performance 5
2.4 Remedies 6
2.4.1 Unliquidated Remedies 6
2.4.2 Injunction Remedies 6
2.5 Intention to Create Legal Relations 7
2.6 Free Consent 8
3.0 Conclusion……………………………………………………………………...9
4.0 References…………………………………………………………………….10
1.0 Introduction
Contract is a customary of procedures guiding the relationship, content and validity of an agreement between two or more people (such individuals, businesses or other association) concerning the sale of goods, provision of services or interchange of interests or ownership. The elements of contract which are the offer and acceptance needed to be fulfilled. It is essential to have an offer and this must be accepted to make an agreement. While this would in the first instance appear to be self-explanatory. Perhaps even more obvious is that the requirement of consideration. This term refers to the exchange of money for goods or services, or something else of value traded between the parties. Now with the agreement between two or more people confirmed as an agreement, containing an offer and acceptance, and the exchange amount to money or something in money’s worth, there must still be the requisite intention to create legal relations. Therefore, in this case, there will be offer, acceptance, consideration, discharge, intention to create legal relations and free consent which are main elements used to discuss and advice both the plaintiff (Asmara Ltd) and the defendant (Patsy). In this case, Asmara Ltd sued Patsy because she did not pay the taxi service used, but also Dinky (taxi driver from Asmara Ltd) did not complete the distance that Patsy wanted to be.
2.0 Main Body
2.1 Offer & Acceptance
A contract usually begins with acceptance of an
1.0 Introduction 2
2.0 Main Body 3
2.1 Offer & Acceptance 3
2.2 Consideration 4
2.3 Discharge of contract 5
2.3.1 Discharge by Breach 5
2.3.2 Discharge by Performance 5
2.4 Remedies 6
2.4.1 Unliquidated Remedies 6
2.4.2 Injunction Remedies 6
2.5 Intention to Create Legal Relations 7
2.6 Free Consent 8
3.0 Conclusion……………………………………………………………………...9
4.0 References…………………………………………………………………….10
1.0 Introduction
Contract is a customary of procedures guiding the relationship, content and validity of an agreement between two or more people (such individuals, businesses or other association) concerning the sale of goods, provision of services or interchange of interests or ownership. The elements of contract which are the offer and acceptance needed to be fulfilled. It is essential to have an offer and this must be accepted to make an agreement. While this would in the first instance appear to be self-explanatory. Perhaps even more obvious is that the requirement of consideration. This term refers to the exchange of money for goods or services, or something else of value traded between the parties. Now with the agreement between two or more people confirmed as an agreement, containing an offer and acceptance, and the exchange amount to money or something in money’s worth, there must still be the requisite intention to create legal relations. Therefore, in this case, there will be offer, acceptance, consideration, discharge, intention to create legal relations and free consent which are main elements used to discuss and advice both the plaintiff (Asmara Ltd) and the defendant (Patsy). In this case, Asmara Ltd sued Patsy because she did not pay the taxi service used, but also Dinky (taxi driver from Asmara Ltd) did not complete the distance that Patsy wanted to be.
2.0 Main Body
2.1 Offer & Acceptance
A contract usually begins with acceptance of an
References: Chris Turner & Jacquelin Martin, (2001), Key Facts: Contract Law, 1st Edition, Hodder & Stoughton Dennis Keenan, (2001), Smith & Keenan’s English Law, 13th Edition, England, Pearson Education Ltd Ewan Mckendrick, (2007), Contract Law, 7th Edition, Palgrave Macmillan Law Teacher (2003-2012), Cases On Intention, [online], Available at (http://www.lawteacher.net/contract-law/cases/intention-cases.php), accessed 10th July 2012 Lawnix (2012), Carlill v Carbolic Smoke Ball Co. – Case Brief Summary, [online], Available at (http://www.lawnix.com/cases/carlill-carbolic-smoke-ball.html), accessed 4th July 2012 Lee Mei Pheng & Ivan Jeron Detta, (2009), Business Law, 1st Edition, Oxford Fajar Sdn Bhd, Malaysia Legal Norms (2009), Anticipatory Breach of Contract, [online], Available at (http://www.legalnorms.com/anticipatory_breach.php), accessed on 11th July 2012 Peter Brudenall, (2011), Brogden v Metropolitan Railway Company (1876-77), [online], Available at (http://www.supplymanagement.com/law/court-reports/2011/brogden-v-metropolitan-railway-company/), accessed 7th July 2012 Robert Upex & Geoffrey Bennett, (2008), Davies on Contract, 10th Edition, England, Sweet & Maxwell