Under law of contracts1 in UK applicable to relevant facts of the case, calling for tenders is an invitation to treat i.e., the purchaser invites offers from prospective sellers (of goods and services). Company A had called for he tenders from prospective suppliers of the…
The Company A has accepted the contract with Company B with all the clauses.
Company B, in effect offered to provide the equipment by a particular date. It agreed to do so for a particular amount, which is the consideration. Company B accepted the offer and communicated to Company A that they would complete the order. The letter issued by Company B stated that it was “accepting the order subject to our standard terms of business.” Clause 10 of the standard terms of business of Company B in effect stated that Company B would be liable to any defect in the equipment only if claim to that effect is lodged within seven days of supply of the equipment.
The standard terms of Company B also provided that it would not be liable for any loss caused due to delay in supply of equipment. The Contract Manager of Company A communicated to Company B the details of the equipment it needed, and by implication agreed to the standard terms of business of Company B in their entirety.
The first three terms were acted upon. The equipment was supplied to Company A well within time. Company B was paid for the same. The other two terms are not applicable to the problem at hand. Company A did not communicate to Company B the defect within time, and the liability of Company B as regards the defects ended on 8th July 2009. So the complaint communicated to Company B by letter Dt. 15th July 2009 can not be legally enforceable. The contract entered in to by the parties was fully acted upon, and no clause of the contract would be open for interpretation other than what was given to it in express terms. The contract was of the executed consideration type and ended in fulfillment when the Company B was paid by the Company B.
Though the Contract Manager of Company A was unaware about the particular Clause 10 which ended the liability of Company B on expiry of period of seven days of the supply, it does not in any way alter the lack of the contractual obligation on ...
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“Industrial Law Assignment ( Contract Law ) Essay”, n.d. https://studentshare.net/miscellaneous/386350-industrial-law-assignment-contract-law.
In other words, domestic agreements are not binding unless an intention to create legal relationship is evident as held in Balfour v Balfour (1919). The elements which should be present in a contract are 1) Offer and Acceptance, 2) consideration, 3) Formative requirements such as capacity of parties, intention to create legal relationship, and certainty of terms (Macmillan and Stone, 2009).
Hence, contract law determines the rights and duties of the parties to the contract by legally bound them to perform or abstain from performing an act in the light of the terms and conditions agreed by the parties at the time of entering into the contract.
They are also made to escape from torts of negligence or carelessness by the service provider. Depending on the circumstantial evidence and omissions and commissions of the case Courts might or might not give credence to disclaimers. It solely depends upon the injury and circumstances under which it took place.
A contract according to English and common law is a legal binding containing exchange of promises between the parties involved. The law will enforce the contract if any of the parties breach the contract. The breach of the contract can be recognised by the law and the remedies were provided in the law to make up the loss for the victim.
Contract could be express or implied; but a contract exists when goods are bought and buyer's rights depend on that contract. Contract starts from the moment goods were handed over to Mary of a consideration.
Contract has the offer, acceptance and consideration.
The shop assistant assured her that the stereo would be suitable for her purposes. Three weeks later the salon caught fire due to the stereo overloading the small capacity speakers. Several customers were injured in the fire and the salon was gutted. On being contacted by Laura the shop assistant asserted that any insurance they gave was superseded by the standard conditions of sale.
But customer can apply only if he is not in default on a payment, he has not exceeded the credit limit and hardship was unforeseeable. There is consideration if customer thinks that terms of contract were unfair1.
Family law could consider change due to either progressive chronic sickness or losing a job, change in lifestyle like working late which could be negative for the child2.
Lowrie’s terms, as was also the case in Hyde v Wrench.2 It has been held that a contract cannot be imposed on an offerree by deeming that silence constitutes acceptance.3 However, Jerry &Co has commenced performing the terms of the contract through
he Contract which one of the partners (possibly the stronger one) inserted into the document to save itself from unexpected liabilities through negligence or in case there is a sudden breach of contractual agreement. This stronger partner could be an employer, a big corporation
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