M1 contract law
In this assignment I will be giving advice to Rick’s girlfriend on whether she has a legal right to return the laptop that Rick bought for her. I will be analysing whether a valid contract was formed and who it was formed with.
As Rick’s girlfriend didn’t buy the laptop and is under the age of 18 she wouldn’t be able to return the laptop as there has been no contract formed with her. However we can assume that her boyfriend is over the age of 18 and as he bought the laptop this means the contract was formed with Rick instead of Rick’s girlfriend. The type of contract that was formed with Rick was a standard form contract this is a type of a contract is a legally binding contract between two or more parties, in which one side of the party has all the bargaining power and will use it to write the contract. In this contract Rick would have all the bargaining power as he is the one making the offer which the sop accepted. The type of contract that was formed with Rick was a standard form contract as Rick has all the bargaining power.
For a valid contract to be formed there must be an offer made which was seen in the case Carlill v Carbolic Smoke Ball Company [1893] in this case an offer was made to the whole world. Once offers has been made this will then have to be accepted, acceptance can be seen in the case Felthouse v Bindley (1862) in this case it was decided that silence cannot be classed as acceptance. But in this case the shop was accepting the offer made by Rick. The next step in making the contract valid would be consideration which is where there had be an exchange of something of value been given, promised or done in exchange by each party in the contract. In this case the consideration was an exchange of money and the laptop as Rick gave money to the shop which was been given in exchange for the laptop. In this contract it was invitation to treat that happened as rick wanted to willing enter into negotiations where he hoped will lead into a contract at
As Rick’s girlfriend didn’t buy the laptop and is under the age of 18 she wouldn’t be able to return the laptop as there has been no contract formed with her. However we can assume that her boyfriend is over the age of 18 and as he bought the laptop this means the contract was formed with Rick instead of Rick’s girlfriend. The type of contract that was formed with Rick was a standard form contract this is a type of a contract is a legally binding contract between two or more parties, in which one side of the party has all the bargaining power and will use it to write the contract. In this contract Rick would have all the bargaining power as he is the one making the offer which the sop accepted. The type of contract that was formed with Rick was a standard form contract as Rick has all the bargaining power.
For a valid contract to be formed there must be an offer made which was seen in the case Carlill v Carbolic Smoke Ball Company [1893] in this case an offer was made to the whole world. Once offers has been made this will then have to be accepted, acceptance can be seen in the case Felthouse v Bindley (1862) in this case it was decided that silence cannot be classed as acceptance. But in this case the shop was accepting the offer made by Rick. The next step in making the contract valid would be consideration which is where there had be an exchange of something of value been given, promised or done in exchange by each party in the contract. In this case the consideration was an exchange of money and the laptop as Rick gave money to the shop which was been given in exchange for the laptop. In this contract it was invitation to treat that happened as rick wanted to willing enter into negotiations where he hoped will lead into a contract at