Contract is a lawfully attaching agreement that involves two or more parties. It is
essential to monetary transactions. Common law and statue are crucial sources of contract
law.
A contract can be made by a person when the age reaches 18. Countries that
implemented the English law are Australian, Singapore and UK. Minors are those age under
18 years old. Necessaries such as meals, transportation can only be applicable to be made into
contracts by the minors.
1.
Introduction
The plaintiffs of this case are Bernard, Charleen, Damien and the defendant of this
case is Alan. The parties of this case; Bernard and Damien are infuriated as the two of them
believes that Alan has breached a contract. However, it depends on whether a contract is
formed.
1.1. Issues
Contracts are made when the four elements are present to be lawful bind. Legal
capacity refers to appropriate age and also mental issues are requirements for the parties
involved. Agreement that includes offer and acceptance. Consideration which is involves
exchanging of advantages or things that are valuable to one of the parties. The fourth point is
whether is there a motive to enter into legitimate affiliation, this means that the parties must
have motive to start a lawfully tying deal.
1.2. Rules
According to case law Carlill v Carbolic Smoke Ball Co
(1893), £100 will be
compensated to any customer who personally bought, used it after reading instructions
given and contracted a flu after using the smoke ball. Mrs Carlill bought, used the smoke
ball according the instructions given. However, Mrs Carlill contracted the flu leading to
Mrs Carlill claiming the compensation from the company. Instead of compensating Mrs
Carlill, the company came up with excuses. Fortunately, the court ruled that Mrs Carlill is
able to get the compensation as advertisement became an offer of unilateral offer and Mrs
Carlill had accepted the offer by following accordingly to what the conditions had stated.
1.3. Application
This had shown that Alan’s offer is unilateral as Alan had stated in his Facebook
wall that he is selling the book to friends who are going to register or registered to study
in Kaplan. This proves that the offer made are with clear motives with no negotiations.
1.4. Conclusion
Alan is bound legally to anyone who had accept the offer made by Alan and
purchase the book before 5 November 2015 with cash of $200.00 given.
2.
Introduction (Bernard v Alan)
There is no motive to establish legitimate relations. The two parties did not meet
the requirement of “agreement”. Bernard did not clarify with Alan if the offer is still up
and assumed that the offer is still open.
2.1. Issues
The term “Agreement” is made up of offer and acceptance. To accept the offer,
someone has to make that offer. Acceptance have to match the offer made in the first
place to form an agreement. The plaintiff had destroyed the agreement as Bernard tried to
bargain the price of the textbook with the defendant. Offer is a term used in law as it
