StudentShare
Contact Us
Sign In / Sign Up for FREE
Search
Go to advanced search...
Free

The Legally Binding Contract - Essay Example

Cite this document
Summary
The paper "The Legally Binding Contract" discusses that the wedding and the delivery of the cake will be made in the US, so the UK contract law will not work in the US. Special circumstances surround this wedding, the couple enjoys international fame…
Download full paper File format: .doc, available for editing
GRAB THE BEST PAPER98.7% of users find it useful
The Legally Binding Contract
Read Text Preview

Extract of sample "The Legally Binding Contract"

Faculty of Business Environment and Society 14 Module No 102SAM MODULE Management Affairs Following their engagement, Kim and Kanye decide they want… 1) On the requirements and contents of a legally binding contract under English Law 2) Of the consequences if Kim breaches their agreement 3) Advise the Board of Directors of Choc Delux of their liability to Kim under the tort of negligence. Contract law is largely concerned with the economic exchange in the market (Wishart, 2012). One thing should be considered that the UK contract law and the American law are different. In this case the offer is being made by the company, Choc Delux, to the couple, Kim and Kanye. In case the couple accepts the offer, the company and the couple will be bound under the UK law only within the UK. The wedding and the delivery of cake will be made into the US, so the UK contract law will not work in the US. Special circumstances surround this wedding, the couple enjoys international fame. Their wedding is a huge event, anything related to this event also becomes famous. Their wedding cake is no exception. As soon as the couple ‘accepts’ the offer, an agreement is made between two parties to the contract. The legally binding contract is made as soon as the acceptance of the offer is made. The offer will be accepted by Choc Delux as soon as Kim is done negotiating with the company about the cake. Everything that the company communicates to the other party (Kim and Kanye) will become part of their contract agreement. They will be bound by the English law to abide by the agreement as diligently and prudently possible. There is a slight exception about enforceability of the contract; promises made in social/casual agreements are generally not enforceable under the UK Contract Law. However, this case is not social or casual. This is a business and given the magnanimity of the event also binds the two parties in certain obligations. For instance, in general circumstances cancelling an order such as wedding cake would not be much news. This case is different as it will be a breach of agreement since it will be a huge loss to the Choc Delux Company if they lose the spot of providing cake for the big wedding. In case Kim breaches her agreement with the company she will be liable to pay the damages (the claim) from Choc Delux. The contract also states that Choc Delux is the sole provider of the wedding cake which means that if Kim and Kanye buy other cakes for their wedding then they will be in breach of the contract and will have to pay the claim in damages to the company. In case the breach happens from the couple’s side the company will see fit as to what kind of amount it seeks in damages. If the couple agrees to pay the exact amount (or any other form of compensation that the company sees fit) then the matter will be resolved. If the couple challenges the claim then they will have to settle it among themselves through out of court settlement. In case one party is still not satisfied then they have the right to appeal in court and claim damages. However, this is always the last option because court settlements are complicated; they consume a lot of time in decision making and on top of that, the hiring lawyers is not cheap. Moreover, it will bring negative publicity to both parties as the media will be eagerly chasing the story. Under the English law, Choc Delux has a duty of care towards their clients. It is obvious that the company is liable for the damages as it was their negligence that cost the client pain and financial loss. The company is liable for negligence. If they had been careful in making and packing the cake Kim would not be in pain. The company reasonably falls under the scope of liability. There was a causation and remoteness element in it. The company is guilty under the following categories. First and foremost the company has a duty of care to its clients. Kim and Kanye bought the company’s cake, it is company’s responsibility to make sure that the cake is up to the desired standards. When Kim bit into that cake and hurt herself for there was a fake nail in it, it was evident of breach of duty on the company’s part. This breach of duty caused harm. Kim broke her tooth and felt distressed because of this incident. She had to pay the dentist fee to fix her tooth. The harm was not remote. The company supplied a product directly at the doorstep of the couple. The company is liable until the cake is consumed. The couple did not breach any rule. The cake was presumably fresh and edible when Kim ate it. There cannot be any rebuttal from the company. Kim could not reasonably foresaw that there could be something inedible in the cake. There was no way of telling there could be harmful elements in the cake. The only leverage the company has is provision for extending the period in respect of latent damage (Bar & Drobnig, 2004). But that means they will have to either settle it through a mediator or go to the court. Given the fame this couple has it is not a good idea to highlight as the rival party against an international celebrity couple. The world will think of the company as evil and negligent and that will be bad for their business. The company does not have the leverage to say that the contract (a purchase of a cake on time) did not mention anything about nonedible things in the cake. The official bystander test derived from Shirlaw v Southern Foundaries (1926) suggest that prima facie is that in any contract there are certain things that are too obvious and it is common understanding that they are included in the contract whether explicitly stated or not (Poole, 2012). It is obvious that the company owes a duty of care to Kim and Kanye. It is common sense to expect a cake that is not filled fake nails. They simply cannot use the claim of ‘buyer beware’. There is no foreseeability in it that would have warned the couple before eating the cake. References Bar, C. V. & Drobnig, U., 2004. The interaction of contract law, tort and property law in Europe: A comparative study. Sellier European Law Publication. Poole, J. 2012. Textbook on contract law. Oxford University Press. Read More
Cite this document
  • APA
  • MLA
  • CHICAGO
(“Management Affairs Essay Example | Topics and Well Written Essays - 1000 words”, n.d.)
Retrieved from https://studentshare.org/business/1651260-management-affairs
(Management Affairs Essay Example | Topics and Well Written Essays - 1000 Words)
https://studentshare.org/business/1651260-management-affairs.
“Management Affairs Essay Example | Topics and Well Written Essays - 1000 Words”, n.d. https://studentshare.org/business/1651260-management-affairs.
  • Cited: 0 times

CHECK THESE SAMPLES OF The Legally Binding Contract

Introduction to Franchise Business

he franchise agreement is The Legally Binding Contract on which the franchising relationship is based.... A franchise business is a form of arrangement whereby an established business, in this case, a franchisor, enters into a legal contract with a franchisee.... franchise business is a form of an arrangement whereby an established business, in this case franchisor, enters into a legal contract with a franchisee, a partner who will operate day to day the business of a franchisor on a territory where the business did not exist before....
5 Pages (1250 words) Essay

Legal Action Against Daley Motor Company

Intention of legal consequences refers to the fact that both parties entering into The Legally Binding Contract are aware that their acceptance means that they will be held legally responsible for executing the terms and conditions of the contract.... Not until this phase is complete, read, agreed upon, and signed can the contract be considered legally binding (and then only if the other terms and conditions affecting the legality of a contract are met).... Consideration is the final stage of legally binding contracts....
6 Pages (1500 words) Essay

Advantages and Disadvantages of Letters of Intent

In order to determine the legality of letters of intent, the courts usually consider the scope and terms contained in the letter and whether the contract are agreeable, or whether there were good reasons for starting the actual construction before the establishment of The Legally Binding Contract (Ramsey 2007).... These letters are an expression of intention to enter into a future binding contract thus there are potential risks of non-completion of the work.... A letter of intent can simply be referred as an expression by one party of an intention to form a legal and binding contract....
8 Pages (2000 words) Essay

The Legal Force of the Contract

However, in case of violation of The Legally Binding Contract, the non breaching party is permitted to take a legal action of filing a lawsuit to demand for the payment of damages incurred as a result of immature cancellation (Chitty 2012, p.... Therefore, a written cancellation is recommended to make The Legally Binding Contract less expensive and complicated through unnecessary fees of proving the validity of case.... Despite the measures in place to safeguard the success of any legally binding contract such as that involving a company selling goods and services, instances of violation are rampant because people do not comprehend the basics of law....
7 Pages (1750 words) Coursework

Legally Binding Contract

From the paper, it is clear that Kelly does not have a legally binding contract with John, Britney, or Sarah either separately or jointly.... Introduction Whether or not Kelly has a legally binding contract with Britney, John and/or Sarah will depend on whether or not she made a valid offerand whether or not the offer was validly accepted.... Once an offer with sufficient specificity to purchase the advertised goods is made and that offer is accepted by the vendor it is possible for a legally binding contract to be formed....
7 Pages (1750 words) Essay

Five legal questions in construction industry

contract law is an area.... For instance risks in businesses are reduced by the contract of insurance, goods are bought, sold and moved by a way of contract, employees are hired under a contract, and many business activities including In a sense contracts represents the base of many commercial activities and therefore represent one of the most important area in business law.... etters of intent may be described as an agreement between two parties who wish to be in a contract....
20 Pages (5000 words) Coursework

Legally Binding Contract

The paper "legally binding contract" states that Generally speaking, the case Balfour v.... fter establishing offer and acceptance, the element of certainty is looked into, which is vital as a binding contract can exist only if the parties express their agreement in a sufficiently certain form so that the courts can enforce it.... Law in Business For a contract to be legally binding, it must contain many essential elements.... These are the most essential elements which are said to be of the essence when deciding whether a contract is legally binding or not....
8 Pages (2000 words) Case Study

Creating of a Legally Binding Contract

This paper 'Creating of a legally binding contract' summarizes how an offer should be developed and how it should be followed by acceptance.... Proper acceptance of the offer is important to form a legally binding contract.... his document discusses the important features of the formation of a legally binding contract.... he formation of a legally binding contract requires an offer to be made properly which should be accepted properly....
10 Pages (2500 words) Essay
sponsored ads
We use cookies to create the best experience for you. Keep on browsing if you are OK with that, or find out how to manage cookies.
Contact Us