CL Assignment copy 3(1).docx - Contract is a lawfully attaching agreement that involves two or more parties It is essential to monetary transactions

CL Assignment copy 3(1).docx - Contract is a lawfully...

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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
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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
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