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Vuong hieu khanh DipcomHTM34CT0233409COMERCIAL LAWContents included:1. Introduction.2. Contract’s parties.3. Bernard’s legal position and remedies.4. Charleen’s legal position and remedies.5. Damien’s legal position and remedies.6. Alternative dispute resolutions.
1.IntroductionThis essay will be provided with the information of knowing to law. The contract law defined and some information which made a effectively legal contract law will be provided in this essay which included legal relationship between parties, the offer of the contract and the acceptance to form a legally contract. Law defined to the rules, which settled by the government to application to cases and this give the judge to give judgments (the definition of law). The contract law refers to part of law, which provided the agreement between parties of good and services, property or money exchange (business dictionary). Offer in the contractlaw is used to define whether the contract is legally binding of the parties. The offer must be a very clear promise between parties and can be given to anybody in the contract. Acceptance is also an element of defining legal contract. It is the agreement between parties, which matched to the offer, and the acceptance must have communication between parties. Lastly, legal relationship refers to the relationship between parties in the contract. To discuss more clearly, there will be a case provided in this essay, which is contract between parties in the case. Alan is the one who willing to sell his commercial law book and there will be three person want to buy the book whose Bernard, the friend on Alan’s Facebook account and Charleen, Alan’s sister and Damien, the student studying at Kaplan Higher Education Institute. 2.Contract’ partiesLegally binding contract governed the actual formation of four important elements which are legal capacity, agreements between offeror and the other party, the consideration and intentions to create relations. Issue:In this case, the parties in relation with the main issue included Alan, Bernand, Charleen and Damien. The offeror, Alan who gives out the offer of selling his book in the price of $200 to the other parties whose are Bernard, Charleen and DamienLegal capacity:To form a legal contract the parties must be over the age of eighteen and in a sound mind condition. Not having any of intoxicants and inflected by mentally (inferror designer, n.d). As to this case, the contract is only valid between Alan and Bernard, Alan and Damien because they are all over the age of eighteen and not in no alert condition. Intention to create legal relations:To the law of contract, the offeror, Alan and other paries, Benard and Damian will be protected by the law. They will have responsibilities for all the action in relation to the contract. There was a contract established when Damien gave the money to Alan in the evening of 4thNovember 2015. There was also a contract established when Alan received the money of Bernard after he sold the book to Damien at 5:00 pm on 5 Nov2015.