StudentShare solutions
Triangle menu

CONTRACT LAW COURSEWORK - Case Study Example

Not dowloaded yet

Extract of sample
CONTRACT LAW COURSEWORK

In the case in question simple contract applies as there was no formal legal document executed between the two parties; rather, this case belongs to the later, a simple contract as "Contracts which are not deeds are known as simple contracts. They are informal contracts and may be made in any way - in writing, orally or they may be implied from conduct" (Introduction to, n.d., n.p.). Another distinction in this particular case is that it can further be classified as a Unilateral Contract. This is demonstrated through "A's" booking of hotel accommodations from the Scarborough Hotel (Hotel) via there website with the understanding that the two-week stay booked by "A" would be at a price of 200 pounds a night. The first area of contention arises at this point as "A" was unable to complete the transaction online and instead printed a copy of the booking and posted it. This point will be thoroughly discussed in subsequent paragraphs. The first area need to be considered is that of validity - ensuring all the requisite elements are present to ascertain if, in fact, there was a legally binding contract.
The first test of validity lies in determining if there was an offer and acceptance. The first of this two-pronged question is to ascertain if there was an unconditional offer of acceptance. When "A" inquired from the Hotel as to room availability at 300 pounds per night, Hotel responded via e-mail that they would make a room available to "A" during the timeframe request at 200 pounds per night. The question here is an online e-mail, which is a valid form of communication with regard to contractual law. Although there has been no legal ruling as to the validity of email correspondence in contractual law: "In Standard Bank Ltd. v. Bank of Tokyo [1995] 2 Lloyds Rep 169, Waller J. had to consider whether three letters of credit issued by tested telex at the instigation of a fraudster who had somehow got access to the issuing bank's tested telex department, were binding upon the issuer." (Nash, 1998) The finding here was that the use of a telex even though electronic in nature did meet the test of validity for a valid offer. That being said it would stand that the electronic offer made by the Hotel was an unconditional offer. Therefore, the first point was valid an offer had been made.
"The general rule under English law is that an offer is not accepted until acceptance is communicated to the offeror." (Baker & McKenzie, n.d., n.p.) However, in this case "A" was unable to unable to send on-line booking form. Instead he filled in all the details, including the 200 pound price per night, printed the document, and posted it. Baker and McKenzie however went to on to state that "The major exception to the above general rule on acceptance concerns acceptance by post. In this case, acceptance takes place when the acceptance is posted and not when it is received by the offeror. The "postal" rule means that, even if a postal acceptance does not reach the offeror, the contract will already have been made and the offeror will be bound to perform its obligations, provided the other party can prove that it posted its letter of acceptance." (n.p., n.d.) Yates v Dalton 1938 ELD 177; (1) Cape Explosive ...Show more

Summary

A Contract is a legally binding agreement made between two distinct parties. Having been established between these two parties by mutual consent, the contract becomes binding in that certain rights and responsibilities are expected and become enforceable by the courts…
Author : isobel36
CONTRACT LAW COURSEWORK essay example
Read Text Preview
Save Your Time for More Important Things
Let us write or edit the case study on your topic
"CONTRACT LAW COURSEWORK"
with a personal 20% discount.
Grab the best paper

Related Essays

Contract Law Problems
It would be advisable for him to seek the help of a professional lawyer to go over the documents and ascertain; the fact that Sheldon had provided false report by not signing the required documents. Still there is a possibility that of him loosing the case because to start with on his part he did not follow the appropriate procedure of acquiring property in NSW.
5 pages (1250 words) Case Study
Contract law
The parties should be able to rescind the contract under mediated caution. Rescission of a contract, based on mutual mistake, involves both legal and ethical considerations that should be made in justifying it. A legal approach to the issues identifies termination of a contract under mutual mistake because this makes a contract void per se.
3 pages (750 words) Case Study
Consumer Law Coursework
Because of serious damages it suffered earlier, though repaired, vehicle was not in sound condition and swerved to the side of the road and hit against a stationary lorry. The buyer could not know its true condition unless she had driven it for some time though she had made a test drive before agreeing to purchase.
10 pages (2500 words) Case Study
Contract Law
Under such circumstances ASL decide not to deliver the oven at that time. Alan does possess a small oven but he deems that it would be inadequate for the particular use. As a result, Alan's restaurant cannot open until 5th November, when the oven finally arrives.
8 pages (2000 words) Case Study
Contract Law
The Director General of Fair Trading v. First National Bank [2001] 1 AC 481, was a test case, which has garnered a considerable amount of attention and controversy on the issues of fairness (equality) and reasonableness.
16 pages (4000 words) Case Study
Contract law,
A contract is a legal binding between two parties (individuals or companies at either side) which is signed by both parties at their full consent after having a "clear" understanding of the terms set forth. The primary attributes of a contract are: Contracts should always be written with all the terms clearly legible, numbered and referenced (if any reference to supporting documents are required - example, offer letter or technical specifications).
7 pages (1750 words) Case Study
English Contract Law
Even oral agreements become enforceable. The crux of the issue is that there is a contract made between Dodgy Tony Limited and Gordon and since there is a valid contract, both the parties to the contract are bound to fulfill the terms of the contract. Gordon is entitled to claim his money back which he has sent to Dodgy as the company has violated the terms of the contract.
4 pages (1000 words) Case Study
LLB Law - Contract Law
In Mr Taylor's case the contract was indeed a legal and binding one since there was an act of performance when Mr Taylor worked to produce the costumes. An offer takes effect only when it is actually communicated to the offeree as in Taylor v Laird (1856) 1 H & N266; 25 LJ Ex 329.
3 pages (750 words) Case Study
Contract law
??s imposing of a collective, equal liability upon all the students residing in the halls of residence is unfair, especially when the individuals responsible for a breach of the contractual terms cannot be identified, and whether the exclusion clause (c), exonerating the
3 pages (750 words) Case Study
Contract law
1. Hastings should not be awarded a damage of £1000 as damages but remedied the value of the wood to be used in the house. This case is quite different from the case of Ruxley Electronics and Construction Ltd v Forsyth [1995] in which the
2 pages (500 words) Case Study
Get a custom paper written
by a pro under your requirements!
Win a special DISCOUNT!
Put in your e-mail and click the button with your lucky finger
Your email
YOUR PRIZE:
Apply my DISCOUNT
Comments (0)
Rate this paper:
Thank you! Your comment has been sent and will be posted after moderation