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Casestudy

The English Law of contract is clear on the fact that any agreement that is enforceable in a court of law is considered a contract. Offer and acceptance are some of the most important features of a contract (Collins, 2003). In this particular case, one party makes an offer for a certain arrangement, and the other party accepts the terms of the arrangement. Neither offer nor acceptance has to be made through writing or through making oral statements. This type of contract is referred to as an implied contract in which certain terms are not expressed or explained in words (National Archives, 2010). This seems to be the kind of agreement that Eddie had with Adele. Once he ordered for his piglets, Adele expected him to accept and pay for the services rendered. Adele has every right to demand for compensation from Eddie, who had made it clear in his communication that he would get the piglets for Eddie. In the Smith v. Hughes 1871 LR 6 QB 597 case, one cannot go against a contract at will (Young, 2010). Before Eddie met his second supplier, he had intended to honour his agreement with Adele because it was a business agreement. However, just because he found a cheap alternative, he disregarded his earlier agreement with Adele. ...
ad already agreed to buy them from someone else can be considered to be a breach of contract and Eddie might be required by a court of law to pay Adele in damages. Adele had spent a lot of money getting the piglets and she had already sent the driver on the way to Eddie’s shop to drop the order, but she had to cancel at the last minute after she got the call from Eddie. The lack of timely communication in this case further complicates matters for both parties, because each one of them was assuming the other was acting in a certain way. In Merritt v. Merritt 1970 1 WLR 121, the courts regarded Mr. and Mrs. Merritt to have entered an agreement with the intention of creating legal requirements (Young, 2010). When Eddie was requesting for the piglets from Adele, he knew that he wanted to agree to the terms that Adele would set. In Brogden v Metropolitan Railway Company 1877 2 AC 666, the company never wrote to Brogdan formalizing their business arrangement. However, for two years, Metropolitan had conducted itself in a manner that showed that the business arrangement was formal and Brogdan was bound to honour the agreement (Poole, 2006). This means that if Eddie and Adele had been conducting business together for a long time, then any agreement they made in the course of business would have been considered binding for both of them. Edie has argued that it was his right to make an agreement with whomever he pleased, therefore, he does not consider to be indebted to Adele for failing to honour his part of the agreement. However, Adele may have a strong case if the courts decide that the agreement is enforceable. In Hillas & Co Ltd v Arcos Ltd 1932 UKHL 2, the House of Lords ruled that the terms of the agreement were enforceable when consider dint he context of the previous ...Show more

Summary

Introduction to Business Law Question 1 Adele was extremely upset by the telephone call from Eddie cancelling the order of wild boar piglets. Adele believes that Eddie had made a legally binding contract with her that he could not break. Eddie has argued that he was within his rights to make an agreement with whoever he pleased and owes nothing to Adele…
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