StudentShare solutions
Triangle menu

Contract law - Coursework Example


Extract of sample
Contract law

The burden of proof thus falls on Tom to prove that a valid contract existed between him and Henry. In the scenario, the issue of capacity among the parties does not suffice, as both parties were mature and consenting adults. The issue then becomes to determine whether the promise to make by Henry to Tom amounted to a contract. In this respect, it is important to look at the ways in which a valid contract can be created. A contract can be created expressly, orally or impliedly. Under common law, a contract can be created orally by the courts considering the intention of the parties at the time of making the agreement. This however depends on the intention of the parties at the time of contracting, and the evidence available as to proof that the statements were intended to create a contract. From this therefore, Tom may institute a lawsuit in court against Henry for breach of contract. However, there is limited evidence as to the existence of the offer made by Henry to Tom. This could therefore work to Tom’s disadvantage in proving that a valid contract existed between him and Henry. This is because despite the existence of an offer, it was incapable of performance as the subject matter of the contract was in existent. Secondly, the essentials of a valid contract require that there must be consideration for an agreement between parties to become enforceable in a court of law. Section 2(d) of the Indian Contract Act 1872 defines consideration as, “When at the desire of the promisor, the promisee

Check these samples - they also fit your topic

Contract law
According to the research findings a contract is only valid if it involves two parties, there is an agreement and the contract creates legally binding rights and obligations. Case scenarios of Arju have highlighted various concepts as pertains to contract law. They have emphasized issues like: caveat emptor, duty of care, misrepresentation, actual undue influence, impossibility, negligence, invitation to treat, and invitation to offer.
15 pages (3750 words) Coursework
Features of contract law
An offer is defined as an expression of willingness to enter into a binding contract. However a statement is not necessarily an offer: it could be a statement of intention, supply of information or an invitation to treat. In the present proposition an offer must be distinguished from an invitation to treat and this distinction is a very fine one.
5 pages (1250 words) Coursework
Contract law
Introduction...........................................................................................................................1 Areas of Interests....................................................................................................
6 pages (1500 words) Coursework
Contract Law
It generally happens when two parties happen to exchange multiple documents during the negotiation process of a given transaction. This is especially when the two parties in the course of the contact conclusion happen to use their own standard forms, which are usually incorporated into the standard contract form2.
8 pages (2000 words) Coursework
Contract law
A contract can exist even if it is oral or informal but in strict legal terms for it to be legally effective, certain criterion must be met. Formation of Contract is based on firstly, an ‘offer’, which must be followed by an acceptance. Secondly, there must be consideration, intention to create legal relations and sufficient certainty.
6 pages (1500 words) Coursework
Employment contract law
1999 refers to the year when the case was reported. ICR is the abbreviation for Industrial Case Report or the law report where such case was recorded. The number 693 refers to the page number. Such case can be found in the volume of the year 1999 starting at page 693.
4 pages (1000 words) Coursework
Contract Law, Exclusion Clause
S 13 of the Act deal with the benchmark of execution of services, s 14 concerns with the period within which the performance has to be mad and s 15 ,the consideration or price for such services. This Act is applicable to all service contracts either independent or along with the supply of goods.
6 pages (1500 words) Coursework
Contract Law
ogers makes a contract with Cindy a carpenter for repair and maintenance.1 They have a contract which contains a clause concerning the liability of a defective workmanship being limited to a refund of the price involved. Actual considerable damage happens following the defective
5 pages (1250 words) Coursework
Contract Law
There are four crucial elements of contracts that include the intention to be bound legally, an agreement, capacity, and the consideration. The element of capacity requires parties entering into a contract to have the ability to understand its terms. Legality stresses that
9 pages (2250 words) Coursework
Contract Law and Case Law
According to the report Contract Law and Case Law in contract law, a consideration is described as somethingof considerable value that has been given by the parties involved in a contract to aid in motivating them to agree to enter into the intended agreement and in the process exchange mutual performances that are considered to be legally enforceable.
8 pages (2000 words) Coursework
or any other person has done or abstained from doing, or does or abstains from doing, or promises to do or promises to abstain from doing something, such act or abstinence or promise is called a consideration for the promise.” From this definition, it is evident that consideration need not be money. Rather it can take the form of an act or the abstinence or a promise to do or to abstain from doing anything. In the leading case of Currie vs. Misa1 consideration was defined as the, “A valuable consideration in the sense of the law may consist either in some right, interest, profit or benefit accruing to one party, or some forbearance, detriment, loss or responsibility given, suffered or undertaken by the other.” From this definition, a person suing for a breach of contract need to show that he had suffered some loss or some other form of detriment accruing from his reliance on the offer. This detriment need not be in monetary terms, but rather any form detriment (Tufal, 2010, p.1). In the scenario, Tom did not suffer any kind of detriment from the reliance of Henry’s promise. He cannot prove to the court that because of his reliance on henry’s promise he was placed at any disadvantage whatsoever. The requirement to prove the element of consideration thus acts to defeat Tom’s claim against Henry. Similarly, it is a general rule that consideration must not be past. This is because past consideration is no consideration at all. It arises from the promise to pay or perform an act based on work already done. For example, if B promises A to give him some money upon after A voluntarily helping him out to clean his compound, A cannot go on to demand the money in court if B is unwilling to pay up. This position was adopted by the court in the Re McArdle2 where a promise was given to the plaintiff in


Name Instructor Task Date For a contract to be enforced in a court of law, it must satisfy the essentials of a valid contract. These essentials of a valid contract include, offer, acceptance, consideration, capacity, legality of the subject matter, and the intention to create legal rights…
Author : nicolaanderson
Contract law essay example
Read Text Preview
Comments (0)
Click to create a comment
Contact Us