Principles of Liability – Coursework Assessment Two For a contractual agreement to withstand‚ it is crucial that the contract contains the four main components‚ which are; offer‚ acceptance‚ consideration and the intention to create legal relations. A contract is seen as a legally binding agreement between two parties‚ so It is very important for the court to establish a ‘consensus ad idem’; the meeting of minds in order to judge whether a contract exists. Britney’s first meeting with
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a simple contract‚ which is not required to be in writing. The elements of a simple contract are: Intention to create legal relations Offer and acceptance (an agreement) Consideration Capacity of the parties Certainty of terms Legality of object The main issue in this problem is whether there is an ’agreement’ - offer and acceptance However‚ on the first element of intention to create legal relations‚ it is clearly a business/commercial relationship between Tallula
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– UNIT 21‚ 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
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Britain v Boots Cash Chemist is an English contract law decision on the nature of an offer. The Court held that display of the goods is not an offer but is an invitation to treat. An invitation to treat is an invitation to the other party to make an offer‚ to make enquiries or to negotiate. It is a preliminary act in the negotiation process and is not an offer in the strict legal sense. The person who making the invitation is not an offeror. The fact of this case is Boots operated a self-service store
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The English contract Offer and Acceptance General principles There are three basic essentials to the creation of contract which will be recognised and enforced by the courts. These are: contractual intention‚ agreement and consideration. The Definition of Offer. This is an expression of willingness to contract made with the intention (actual or apparent) that it shall become binding on the offeror as soon as the person to whom it is addressed accepts it. An offer can be made to one person
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performing as agreed. An offer is when an offeror intends to make legal relations with an offeree on a specific set of terms. The offeror is the party who initiates the offer and the offeree is the party the offer is addressed to’. ‘An offer can also be made to the public at large which means an offer can be addressed to a group of people invitation to treat is a transaction which involves a preliminary stage. This is where one party invites another party to make an offer. This can be done visually
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AGREEMENT The existence of the contract depends on whether or not there was an agreement between the parties. The parties must be at consensus ad idem for the agreement to be valid. OFFER An offer is an expression made by the offeror to the offeree communicating the offeror’s willingness to perform a promise. Unilateral Contracts Case: Carlill v Carbolic Smoke Ball Co (1892) States that a unilateral contract brought into existence by the act of one party in response to a conditional
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sign " For sale- RM20‚000"‚" it is said that there was an invitation to trade. Invitation to treat or simply speaking information to bargain means a person inviting others to make an offer in order to create a binding contract. An example of invitation to treat is found in window shop displays and product advertisement. . In another words it is a special expression showing a person’s willingness to negotiate. The issue of invitation to treat was discussed in the case of Fisher v Bell[1961] 1 QB 394
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BTEC National Business Unit 21: Aspect of contract and business law Assignment 1: The requirements for a valid contract P1: Identify the legal criteria for offer and acceptance in a valid contract. In order for a contract to be legally binding‚ both parties must make an offer and an acceptance of that offer. An offer‚ by law it is generally presumed that in a commercial transaction‚ the contracting parties must have the intention to create a legally binding contract. This means that if they
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be discussed. To form a legally binding contract‚ the elements of offer and acceptance; present of consideration; intention to create legal relation; capacity; legality of object; compliance with formalities; and genuine consent must be present all together. In the case of Charles v. Alex‚ to determine whether or not Alex was entitled to sell the apartment to another buyer depends very much on whether or not the element of offer and acceptance were present and hence formed a legally binding contract
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