\u6cd5\u5f8b.docx - COMPREHENSIVE EVALUATION OF CONTRACTS INVOLVES IN THE CASE Student Name Student No Words 2117 1 Table of Contents 1 Introduction.3 2

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1 COMPREHENSIVE EVALUATION OF CONTRACTS INVOLVES IN THE CAS E Student Name: Student No: Words: 2117
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Table of Contents 1. Introduction .................................................................................................................................. 3 2. Contract and Contract Law .......................................................................................................... 3 3. The Legal Positions and Remedies of Bernard, Damien and Charleen ..................................... 4 4. Non-litigation Dispute Resolution and the Pros and Cons .......................................................... 7 5. Conclusion .................................................................................................................................... 8 Reference List ..................................................................................................................................... 9
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1. Introduction Contract Law, one of the key elements of the Civil law, mainly adjusts the relationship between the parties on the contract. In this case, there is no doubt that four individuals involved in the transaction are in the jurisdiction of Contract Law so that this passage will concentrates on the application of Contract Law. The definition of contract can be found at the beginning because the Contract Law for a detailed analysis of cases should be built on the related concepts of accurate understanding and grasp. Then, the fact and the legal disputes of these three cases will be critically discussed. In this part, the legal position and remedies of Bernard, Damien and Charleen will be evaluated at the same time. Finally, different kinds of non-litigation dispute resolution and the pros and cons will be analyzed. 2.Contract and the Contract Law Daily trade is everywhere, and the contract which is associated with the transaction is closely related to everyone. A contract refers to the agreement between the equality of principals to establish, change and terminate civil relations. Contract law is to confirm the rights and obligations between the parties to the contract (Macneil, 1977). In general, the principles that a valid contract should abide are principle of freedom and equality, good faith, adhere to public order and custom and not violate laws and regulations. Besides, some scholars also believe that the contract should have a legally binding principle. Once a valid contract is established that complies with the above principles, the contract is binding on both parties. The contract governed by the legislation of contract, will be enforceable and thus violates the contractual agreement will be subject to legal punishment while the contact law on the infringer to the corresponding relief (Smith & Atiyah, 2006). 3.The Legal position and remedies of Bernard, Damien and Charleen Before analyzing the legal position of the three persons who relate to the case, it is necessary to review the case fact and legal disputes. In this case, it can easily find the fact dispute is if Alan had obligation to give them notes that correspond to them. The
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legal dispute is that whether their trading contracts established. To cure these problems, it is important to understand clearly what the elements of the contract are. A valid contract should not breach the basic principles and must possess four ingredients required for the formation of a contract so that consent is legally binding.
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