Topic > gffgd - 1846

For a contract to be legally binding, it must contain four main elements. The first consists of a clearly expressed offer. This includes factors such as price, quantity, timing and manner of execution so that the person accepting can fully understand the agreement. The next step in a contract is acceptance of what is presented in the offer and only under the conditions outlined. Acceptance does not necessarily have to be written, as it can be given verbally or with an action that clearly indicates agreement. For example, in Carlill v Carbolic Smoke Ball Co., the case concerns both offer and acceptance. Ms. Carlill paid the asking price to purchase the Carbolic Smoke Ball product, thereby accepting the offer and agreeing to enter into an agreement. Carlill caught the flu regardless of whether he used the ball as required and requested reimbursement for breach of contract. The defendants argued that it was not a contract, but simply advertising. Although their appeal was rejected, we learned that fulfillment of the condition is sufficient acceptance without notification. Consideration is therefore a promise by one party to commit to one's actions and a promise to repay by the other, whether or not it includes payment. Finally, compliance with formalities is the part where contracts must be in written form to avoid fraud, making this an essential aspect in their formulation. These two components are prominent in the case of Balfour v Balfour as it has been judicially established that the common law does not govern promises between spouses and therefore such incidents are dismissed on the basis of agreements made between the spouses, as they are not genuine contracts.b) Immense planning and the details are legally sanctioned... middle of paper... by the yard. The defendant did not fall short of expectations and lived up to standards, but it was the plaintiff who created problems and caused the contract to be changed. Although the construction company had verbally agreed to maximize monthly payments to help with the price of gas, it was not legally obligated to do so. Their binding contract was in place until the written part and first agreement as there was consideration for both parties. While it is undoubtedly a tribulation that unexpected incidents have emerged in the treaty process, each party must accept the standards of when a contract is constructed so that the parties can become dependent on each other. If this rule of law is diluted and abused, we will begin to slow down and ignore the needs of others until we get what we want..