P1 IDENTIFY THE LEGAL CRITERIA FOR OFFER AND ACCEPTANCE IN A VALID CONTRACT
AND
P2 EXPLAIN THE LAW IN RELATION TO THE FORMATION OF A CONTRACT IN A GIVEN SITUATION
In this report I will be focussing on certain factual evidence, relating to the valid requirements of a contract for Dial-A-Phone. For a contract to be legally binding there must be certain legal terms and aspects that must be present – these involve: * Offer * Acceptance * Capacity * Consideration
These are the 4 main elements of a contract, and a contract will not be valid without these.
The assignment will provide detailed information using case laws and a report around the main elements of a contract. These case laws will include: * Carlill vs Carbolic Smoke Ball Company * Pharmeceutical Society of Great Britain vs Boots Cash Chemists * Fisher vs Bell * Partridge vs Crittenden * Entores Ltd vs Miles Far East Corporation * Felthouse vs Bindley * Dickinson vs Dodds * Byrne &co vs Van Tienhoven &co
These cases set precedence in the House of Lords as they were upheld in court and nowadays they use them in the courts to make decisions regarding cases.
The Dial A Phone company are operated by Phones 4u Limited – throughout England and Wales. They retail in mobile phone contracts.
The promisee within law is the party that the promise is being made to, for example in Dial-A-Phone, the promisee is the party that are receiving the promises from Dial-A-Phone / the customers.
On the other hand the promisor is the party that are making the offers, e.g. in this situation Dial-A-Phone are the promisors.
A contract is an enforceable agreement that is made between two or more parties. For example within Dial-A-Phone, the company will make a contract with its customers, to provide them with a mobile phone and service for a set amount of money, over a set period of time.
Within the world of business, a contract is now more than a promise – it is an