StudentShare solutions
Triangle menu

Contract Law. Introduction - Case Study Example

Extract of sample
Contract Law. Introduction

This is because consideration is a "tit for tat" or quid pro quo situation an agreement cannot be enforced in 'something for nothing' situation. It is the reason for the promise.
In the case of CURRIE VS MISA, it has been defined as 'some right, interest, profit or benefit according to one party or some forbearance detriment, loss or responsibility given, suffered or undertaken by the other. David has provided the necessary software for the new system. He has taken responsibility and legally he is entitled consideration. Ron and Sharon have also provided the hardware and written the manual respectively they have also taken responsibility forbearance and they are entitled to consideration.
Amber has made an offer to pay David 20,000 after supplying the computer software. David accepted the offer and by commencing to fulfil his obligations, David has simply accepted to be bound by the terms of the contract. The terms of the contract are that David would be paid 20,000 and finish the contract by 30/05/04. Therefore there exists one of the essentials of a valid contract i.e. consensus and ideam a part from offer and acceptance. This principle refers to a 'meeting of the minds'. It must be shown that both parties understand the subject matters of the contract before agreeing (assenting). None of the parties i.e. between David and Amber can deny knowledge to the terms of the contract.
However, an offer terminates if a counter offer is made to them. This is a reply to an offer whose effects is to vary the terms of the original offer. A counter offer extinguishes the original offer and the person to whom it was originally made cannot move it. However, it can result in a contract if its terms are accepted by the original offers.
In Hydes vs. Wernch, Wrench (w) offered in writing to sell his firm to Hydes (H) for 1000. It made a counter offer of 950. W refused to accept 'H' sued for specifics performance (an order to perform). It was held that there was no contract & specific performance couldn't be granted. The reply of 'H' stating that he wanted to purchase the firm at 950 was a counter offer extinguished the original offer of 1000.
What David has in fact made is a counter offer asking an extra 5000 amounts to a counter offer that extinguishes the earlier offer of 20,000. I would therefore advice David that he has made a new offer of which Amber can either accept or reject. In this particular case, Amber agreed to David's new offer that a further 5000 be paid on top of the agreed 20,000. If Amber could've refused to pay the 5000 then David could have had two options:-
a. Accept the original 20,000
b. Repudiate the contract but ask for quantum meruit-
This is a common law remedy it means as much earned. Where the plaintiff sues
to recover an unliquidated damages or by way of payment for services rendered is said to claim on quantum meruit. Now that Amber had agreed to the new terms, he's bound to pay David 25,000, 5000 being the extra-price agreed. 2
I would therefore advice David to sue Amber for the balance. On the event that David does not recover the 5000 from Amber he can receive the same from Zax ...Show more


First and foremost, David Don and Sharon are entitled to Shs.20000, 20,000 and 15,000 respectively because they have fulfilled their obligations of performance. Under contract law, something must be given for the promise that has a legal value resulting either of a benefit to the promises or a detriment to the promise…
Author : xwaelchi
Contract Law. Introduction 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. Introduction"
with a personal 20% discount.
Grab the best paper

Related Essays

Law of contract
In order to give effective analysis to this question it is important to look at relevant Irish case law on this issue in order to determine whether or not such actions constitute a binding contract enforceable in law.
8 pages (2000 words) Case Study
Construction Contract Law
In advising the Construction Building Surveyor to agree with the mediation proceedings, the essay will point out the relevant circumstances which lead to the aforementioned advice. In every cultured and enlightened society, there are set of laws, rules and regulations which govern every aspect of human and juridical relationship with one another.
12 pages (3000 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
In such a case if one party, without the mutual consent of the subsequent party, fails to perform his obligation, the aggrieved party has the right to seek redress for the breach of the contract through normal enforcement procedures - civil court. There are two major types of contracts: contracts by deed and simple contracts.
8 pages (2000 words) Case Study
Contract Law and Tort Law
There was a notice which said "All activities undertaken at your own risk." The boys, accompanied by Potter went to a cafe, owned by "Thrills and Spells", for lunch. The floor was unfinished and several rolls of linoleum were lying around. Edmund, one of the pupils, tripped over a roll of linoleum, hurt his head and became unconscious.
8 pages (2000 words) Case Study
Problematic situation is Contract Law
Ultimately, in situations where the job responsibilities are not properly documented, even if the parties decided to take the matter to the court there would be no detailed consideration as to how to start the process and where the problems are. In the present circumstance, there is the need to find the problems and then find ways to solve them.
14 pages (3500 words) Case Study
Contract Negotiations in Business Law
This denial for coverage was due to a misrepresentation based on a report known as the "woodburning stove Inspection Report." The insurance company claims that there are two faults in the circuit court's judgment. The first error being that the court had sustained the third-party defendants' pleas with regard to the statute of limitations.
2 pages (500 words) Case Study
Contract Law Degree Case Study
Rupert has completed the work to the full satisfaction of Herbert and he has evidently accepted the fact too. But he paid Rupert only 25% less of the cost of the listed items as interim payments instead of 10% less. There arises a breach of contract on the part of Herbert since he did not pay as he had agreed to at the beginning of the contract.
4 pages (1000 words) Case Study
Contract law - commercial transactions
The next element is acceptance of the offer. Bob accepted the offer to repair the house on or before December 25, 2005. And Bob, by soliciting the offer, “accepted” a unilateral contract by his action of performing the payment within the time period requested by the offerer.
6 pages (1500 words) Case Study
Introduction Business Law
According to theCIF sale of goods act, sphere of application, an agreement to sell is termed as a contract between the seller and the buyer. The following is an obligation to both the seller and the buyer upon an agreement about 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
Comments (0)
Rate this paper:
Thank you! Your comment has been sent and will be posted after moderation