Jun 16, · The law does not require that the consideration must be in balance with that of the other party (Gillies P, Concise Contract Law The Federation Press page 40). If a person is acting under a public duty to do a task then agreeing to do that task is not sufficient consideration for the a contract to exist as they are already obliged to carry Aug 12, · Essay: Contract law – problem question example. 12 August by Essay Sauce. Essay details and download: Subject area(s): Law essays; Reading time: 6 minutes; Price: Free download; Published: 12 August * File format: Text; Words: 1, (approx) Number of pages: 7 (approx) Text preview of this essay This is a revised edition of the paperback Essays on Contract, which was published by OUP in With the addition of a previously unpublished chapter, this chapter is an up-to-date and comprehensive account of the views on the law and theory of contract. The new essay, ‘Freedom of Contract and the New Right’, charts the latest shift in the development of
The Contract Law: [Essay Example], words GradesFixer
Introduction Want to get an original essay on this topic? A contract refers to an agreement between two or more parties which is legally binding in the eyes of the law. Based on Contract Actsection 2 han agreement that is enforceable by law is a contract. Any other agreements that is not enforceable by law is said to be void, section 2 g. Therefore, section 2 j a contract which is ceases to be enforceable by the law becomes void when it ceases to be enforceable. A contract consists of 6 elements which is proposal section 2 and acceptance section 7. The agreement made must be certain and lawful to fulfill the requirement of entering a contract.
The consideration section 26 of a contract have to be in price theory or the benefit and detriment theory. Next, contract law essays, certainty section 30 said that the terms and agreements of a contract need to be certain and clear. Besides that, all party in the contract have to be free consent, section Lastly, section 11 capacity said that minors, person that disqualified from contracting by any law and unsound mind are not competent to enter a contract. Ah Beng Ah Beng wished to sell his 3-year old motorcycle.
He have the intention to create legal relations, commercial contract. In a business contract the presumption contract law essays that there is an intention to create legal relations. Unlike domestic contract where agreement made between parties are stated as no intention to create such a legal relations. For example, contract law essays, agreement between spouses, between parent and child and agreements between friends. Case law Balfour v. The court held that it was not a legally enforceable agreement, the parties should be attended by legal consequences. According to section 2 awhen one signifies to another his willingness to do said to make a proposal, contract law essays, Ah Beng is the offeror before he advertised the sale in a local newspaper.
After the advertisement,he becomes an acceptor. Advertisement consist of two types of offer, Bilateral and Unilateral offer. Unilateral offer is a party X undertakes to do something is another party Y decides to accept by performing some lawful act specified by X. For instance, Carlill v. Carbolic Smoke Ball Co. Carbolic Smoke Ball company made an offer to the pubic by issuing an advertisement saying that whoever still suffered from influenza after taking their product a drug will get A£ in a specified manner and for a specified period of time. The court held that the advertisement is an offer to the world, contract law essays. Referring to the Bilateral case law Majumder v.
Attorney General of Sarawaka newspaper advertisement stated a medical officer war required and set out the salary scale. The Federal Court held that the advertisement in the newspaper for contract law essays post of a medical officer was an invitation to treat. Therefore the advertisement by Ah Beng is a Bilateral Contracts, where both parties make promises to one another, a mutual exchange of promise and this leads to invitation to treat. For example, a job advertisement is not an offer but an Invitation to Treat. The applicant is the offeror for the job and if it is accepted, the promisor is obligated to perform by giving the applicant a position and remuneration in accordance with the advertisement, a promise for a promise.
Ah Beng and Ahmad Ah Beng called his colleague Ahmad who had previously told him that he is looking for a used motorcycle for his son for RM 2, As they discussed, Ahmad asked Ah Beng to hold the offer till end of the month and Ah Beng did not give an affirmative answer. Based on section 2 acontract law essays, when one signifies to another his willingness to do said to make a proposal. Therefore Ah Beng is the offeror and Ahmad is the acceptor. However, the contract is not valid. There are components under Contracts Act to determine whether a contract is valid or invalid.
According to section 7 aconditional acceptance is no acceptance. Case law Branca v. Moreover, at the end of the conversation Ah Beng did not give an affirmative answer to Contract law essayssection contract law essays a Acceptance must be absolute as referring to case law of Kam Mah Theatre Sdn. The acceptance given by Ahmad must be absolute and unqualified in order to make the contract between him and Ah Beng valid. Based on section 4 1a communication is complete when it comes to the knowledge of the person to whom it is made. Refers to case law, R v, contract law essays. Clark supplied the information but he admitted that at the time he gave the information he had forgotten about the reward money. The court held that he was not entitled to the reward as he was not aware of the reward at contract law essays. However, the contract can still be valid if Ah Beng give authorization to his wife to contract law essays the offer on behalf of Ah Beng.
This is illustrated in the case law Powell n Lee, the court held that there was no authorized communication made by the acceptor. The conversation between Maniam and Ah Beng signifies that the advertisement made by Ah Beng regarding contract law essays motorcycle is uncertain as there are informations about the motorcycle that Ah Beng did not mention clearly in the advertisement such as contract law essays model of the motorcycle, colour of the motorcycle, accident free and current condition of the motorcycle have not been told from the advertisement. This have caused uncertainty for the consideration of an agreement, therefore invalid contract based on section This scenario can be referred to the case law, Karuppan Chetty v. Maniam noticed that the battery was weak and both of the tyres were worn off during the inspection of the motorcycle.
Ah Beng immediately offered the price to RM 2, China Pacific Navigation Co. Ltdno agreement will be formed under negotiation. However Maniam agreed to bring the cash on the next day expecting Ah Beng to replace the two tyres with the new ones. It is a new condition set by Maniam, leading to a counter offer. Based on section 7 athe acceptance made must be absolute and unqualified. The contract would only be valid if it is free consent from both parties. Refers to case law Hyde v. Wrenchthe defendant offered to sell his estate to the plaintiff on 6th of Jun for A£1, contract law essays, On 8th of June the plaintiff made a counter proposal, 27th of June the defendant refused to accept his offer. Two days later the plaintiff wrote to the defendant that he was prepare to pay A£1, the defendant refused.
The court held that there was no acceptance as by rejecting the original offer the plaintiff had destroyed the offer. In effect the plaintiff is now making a new offer. By asking Ah Beng to replace the worn off tyres with new ones, contract law essays, Maniam has become the offeror again whereas Ah Beng as the acceptor of this new agreement. Based on section 7 bMental acceptance is no acceptance, contract law essays, silence will not amount to acceptance. Refers to case law Contract law essays v. Section 10 1 states that if the agreements are made by free consent of parties for a lawful consideration are not hereby expressly declared to be void.
Jack is willing to enter the contract by offering his money Ah Beng without being forced. Based on section 11 Capacity as per Age of Majority Actsaid that the age of majority to enter a contract is at the age of 18 and above. Case law Tan Hee Juan contract law essays. Teh Boon Keat, a minor entered into a contract of transferring land. The court held that the contract was void. Jack is a minor, contract law essays, 16 years old and incapable of entering a contract. Moreover, section 69 said that the necessaries suited to his condition in life is not valid. Case law Nash Vs. Inman a minor, who was already having sufficient supply of clothing suitable to his position, was supplied further clothing by a tailor.
Unlike case law Scarborough v. Sturzaker where the minor needs a motorcycle to travel to work for 12 miles 19 km distance everyday. In this case, a motorcycle is necessaries suited to the condition in life. However, there are few exception for necessity which is valid contract. Contract law essays as marriage contract, case law Rajeswary v. Balakrishnan Case law Government of Malaysia v. Gurcharan Singh stated that scholarship contract is valid for a minor as education is a necessity nowadays. Insurance is also a valid contract for a minor. Based on Insurance Acta minor can enter an insurance contract if he is above ten years old. According to section 66, obligation of person who has received advantage under void agreement or contract that becomes void.
When a contract becomes void, contract law essays, any person who has received any advantage under the agreement is bound to restore it, or make compensation for it to the person from whom he received it. Therefore, Ah Beng is obligated to restore balance, return the five hundred ringgit to Jack. Shigenori Ono Conclusion In conclusion, non of the person above have a valid contract with Ah Beng. Therefore invalid contract with Maniam as Ah Beng remain silence. Next, the capacity of both parties must be competent to enter a contract in order to make it legal, contract law essays, section 11 Competent to contract. In this case the contract between Ah Beng and Jack is invalid due to the age of Jack, minor 16 years old.
A Problem Question on Contract Law. com, Jun 26, Accessed April 18,
How to Analyze Consideration on a Contracts Essay (\
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Apr 18, · International Trade Law: Cif Contract. CIF contracts are one of the most popular trade agreements between a buyer and a seller in the sphere of international trade when sea carriage is used. CIF is a shortened form for cost, insurance, and freight. As a rule, the cost of goods depends on freight and insurance. As a rule, CIF contracts are Apr 26, · The Contract Law Essay. Evaluation of Contract Law and the Forming of Online Contracts Essay. The Constitution and Contracts Essay. Find Free Essays. We provide you with original essay samples, perfect formatting and styling. Cite this Essay. To export a reference to this article please select a referencing style below: APA; MLA; Mar 15, · Write a page executive briefing of a selected business-related case pertaining to the topic of contract law. Introduction. In this introductory course to business law, you will examine real-world court decisions pertinent to the topics that you will be studying
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