Based on the case study of James and Bond, the contract is being determined whether it is a valid contract between both parties. A contract is a legally binding agreement between people. It involves two or more people deal in an agreement to complete certain things under section 2(h) of the Malaysian Contracts Act. There are six elements to determine the validity of the contract. The six elements included are offer, acceptance, consideration, capacity, intention to create legal relation, and certainty. An offer refers to the contract shows a promise and the willingness people enter into a bargain. The offeror is offering on a certain term and the invitation accepts by offeree (Corbin Arthur, 1917). Besides, acceptance is based on the performance of the willingness offeree invited to be bound by a term of a contract. Once the offeree have the intention and accepted on the terms of contract, communication must be made by the offeree on his acceptance to the offeror (lawschoolhelp.com and Craig A. Smith, 2015). For example, Ali accepts an offer of employment and he agree to work based on the wages offered after communicated with the company. Next, an exchange promise contract is known as consideration. It concerned on bargain contract which benefits of suffers by both offeror and offeree. There must be something value terms in the consideration such as in the case of Thomas v Thomas (1842) which is the desire of John Thomas’s wife to have the house or 100 pounds after his death (e-law resource). Other than that, capacity defined that all parties must be qualified in a binding contract. The parties must be at …show more content…
On 3rd March 2014, James wrote a letter that offering Bond a yacht for RM 1 million. The case study has showed the willingness of James to make a proposal to Bond and Bond accepts the offer. It has stated in section 2 (a) CA 1950 which also known as a ‘proposal’ in a binding contract made to
An offeror will have made an offer where it appears to a reasonable person in the position of the offeree that an offer was intended.
A contract is a legally obligatory promise or set of promises (Bagley, C. 2013). If this promise is broken, either party involved can be legally responsible and take the other party to court. There are four basic elements in the creation of a valid contract. The first consist of an agreement between the parties involved, by an presented offer and acceptance. The second states that the parties’ promises must be supported by something of worth, known as consideration. The third advises both parties must have the ability to enter into a contract. The fourth element states the contract must have a legal purpose (Bagley, C 2013).
A contract is formed when an offer by one party is accepted by the other party. Consideration is the price paid for the promise of the other party. The price must be something of value, although it need not be money. Consideration may be some right, interest or benefit going to one party or some, losses or responsibility given, suffered or undertaken by the other party.
A contract is a promise between two or more parties that the law recognizes as binding by providing a remedy in the event of breach. In order for a promise to be enforceable it must be supported by consideration. Consideration can be defined as a bargained for exchange between the promisor and promisee; a promise can not be considered a contract without consideration. Common law states also require mutual assent to exist for a contract to be enforceable, this means that there must be an offer and an acceptance of said offer. For example, if a promise is made between two consenting people and one of those
An offer is a precise assure and a precise demand. An offer is a look of readiness to perform something that is if followed by the unqualified acceptance of another being. It relates to my example because once agreement is made of how much amount I will pay because then I have to do that.
A contract is an agreement between and offeror, and an offeree, that can be enforceable by a court of law or equity (Cheeseman, 2010). A contract consists of the following elements; agreement, consideration, contractual capacity, and lawful object. Understanding each of these elements is of the utmost importance to ensure that each party involved has a good understanding of what is expected from one another.
A contract is a legal document that states and clarifies a formal agreement between two different people or groups. This implies that an agreement between parties must have a strong backing by law. The following are therefore required for a contract to be mandatory for all participants involved. These elements in a contract prove whether the contract is regarded credible or not credible: The objective is to build a legal relationship, offer and acceptance, consideration, capacity to contract and legality.
A legal contract arises when there is an offer, acceptance of that offer and also a sufficient consideration to make the contact valid. There are five essential elements that make a contract legal and these includes;
P2 EXPLAIN THE LAW IN RELATION TO THE FORMATION OF A CONTRACT IN A GIVEN SITUATION
A contract is an exchange of promises or a promise in exchange for performance, for breach of which the law gives a remedy, per Restatement 2nd of Contracts §1. For the contract to be valid there has to be mutual assent, parties mutually agree upon the same specific thing. Per Restatement 2nd of Contracts §54, there are two types of contracts: unilateral, where acceptance is by performance, and bilateral, where there is an exchange of mutual promises and both of the parties have the rights and duties.
The offer and acceptance model is flawed- only an agreement is necessary. In order to fully comprehend this statement, we must first establish what constitutes and offer and what constitutes acceptance. “An offer is a statement by one party of willingness to enter into a contract on stated terms, provided that these terms are, in turn, accepted by the party to whom the offer is addressed”. Acceptance is “…an unqualified expression of ascent to the terms proposed by the offeror”. The “Offer and acceptance model” is based on the court’s adopt the “mirror image” rule of contractual formation. Applying the definitions stated above, we can take this to mean that there must be a clear and unequivocal offer which must be matched by an equally
Under Common Law, for a contract to exist, three elements must be present: an offer, an acceptance and a consideration. The notions of offer and acceptance under Common Law are not fundamentally different from those in French contract law, although their effects may differ. The offer indicates the willingness of a party to enter into a bargain, and the acceptance reflects the agreement of the other party to the offer.
for it to qualify as a proper contract in the eyes of the law: offer
The last requirement of a valid contract is that its provisions be legal. If a
The first element of a valid contract would have to be the offer. You can’t have an contract with a having something to offer to another partner. An offer is when one party