Law For Business: English Contract Law Assignment. Submit A Report That Investigates Your Dealings With A Client Named Babyburp Plc.

2180 words - 9 pages

1.0IntroductionThis report considers the legal implications of Fillitup's dealings with Babyburp, advises on any possible legal liability and how to avoid liability in the future. Legal implications arising from dealings with Babyburp Ltd will be covered by the Sale of Goods Act 1979 (SoGA 1979) and the Supply of Goods and Services Act 1982 (SoGSA 1982).2.0Formation of the Contract2.1A contract of sale of goods is defined by SoGA 1979 Section 2(1) as a 'contract by which the seller transfers or agrees to transfer the property in goods to the buyer for a money consideration called the price'.2.2As Fillitup Ltd supplied a machine to Babyburp there must have been some form of contract entered in to. The first issue therefore is to identify on what terms (both express and implied) the contract to supply the machine were made.2.3Following negotiations and discussions with Babyburp, a specification and order were sent to the company that included information on delivery and price (express terms). However, as delivery and price are not disputed, these issues are irrelevant. At this point an offer was made to Babyburp Ltd for them to consider.2.4To complete the contract on this offer would require Babyburp to accept the offer as it stands, with any terms that may be attached. Such acceptance may be in the form of words, spoken or written and the telephone call received from their Managing Director 10 days later appeared to agree with the specification and the impression is that Fillitup Ltd. deemed this to be absolute agreement.2.5However, while verbal acceptance is considered by statute to provide suitable means of communicating acceptance, the problem of using such communication for this type of business dealing is that there are no witnesses to the act and either party could interpret the result of the conversation in different ways i.e was the conversation meant to be binding or was it subject to confirmation by return of the completed order form. It is therefore not considered good practice to rely solely on such communication as acceptance of such business orders. In addition, there is a view that as Fillitup Ltd. supplied an order for Babyburp to sign and return, it can be considered that Fillitup, by doing this, stipulated the method by which acceptance can be made and therefore no other method can be effective. It is also assumed that it is standard practice for Fillitup to accept orders upon return of an order rather than a simple verbal instruction.2.6Using the returned signed order as acceptance however presents another problem. The crux of the matter appears to be in the contents of Clause 12, notably part [c] that was returned deleted by Babyburp by hand. Rather than constitute acceptance of the terms of the offer, such action is deemed merely a counter-offer. In this instance, the terms that apply to the contract will be those belonging to the party that fired the final shot. See [Butler Machine Tool Co. v. Ex-Cell-O Corp (England) Ltd...

Find Another Essay On Law for Business: English Contract Law Assignment. Submit a report that investigates your dealings with a client named Babyburp PLC.

Contract Law Essay

3337 words - 13 pages business with the government. If the government is going to get the type of high quality demanded of contractors in the commercial sector, it must compare the past records of its competing offerors to help identify which one relatively speaking is offering the best value. It should be noted, however, that the FAR does not include a prescription for the evaluation of "experience" except in 15.304(c)(2) when it simply identifies "prior

Contract Law Essay

1454 words - 6 pages ‘put it aside for a week’ a binding promise to sell him the laptop were he to consent to the price she established. Despite what Barry may have thought, an offer is an expression of willingness to “contract on certain terms. It must be made with the intention that it will become binding upon acceptance. There must be no further negotiations or discussions required .” As we saw in the scenario, there were in additional negotiations and discussions

contract law

2701 words - 11 pages /what-is-the-short-title-law-essays.php 3/7 treasure'. b) What is the definition of 'coin' under this Act? Give authority for your answer. s 3 (2) defines the term 'coin' as any metal token that has been reasonably alleged to have been used or intended for use as or a means of currency. Question 4 Who needs to approve and prepare the code of practice in relation to Treasure? s 11 (1) (a) - The Secretary of State is charged with the responsibility

Contract Law

1627 words - 7 pages practice of law one can never argue facts on the assumption that they happened. The fisherman, for some strange reason, might have declined the 1,000$. The presence of acceptance is not clear; this would have to be subject to further investigation. The presence of intent to create legal relations is clearly visible, with the offer of 1,000$ stated. This is one element of the contract that is not shrouded in mystery, so

Contract Law

940 words - 4 pages is a respected internet website that allows a consumer to research the details of automobiles prior to going and actually making a purchase. According to (2012), it is not advisable for a consumer to just sign on the dotted line of the purchase contract without carefully reviewing it first. The “out-the-door” numbers should match up entirely with the various elements within the contract. These elements are called terms

contract law

1187 words - 5 pages Chancellor to consider. 8. Treaties When the UK enters into treaties with other countries, it undertakes to implement domestic laws that are in accordance with the provisions of those treaties. For the purposes of the legal system, probably the most important treaties signed by the UK Government are those setting up and developing the European Union, and the European Convention on Human Rights The basis of the English legal law today is case law, a

Contract Law - 1915 words

1915 words - 8 pages resistance of English courts for the HRA 1998 has always been clear, a good exemplification of that was shown in The case of Harrow LBC v Qazi (2004) where the majority of judges were of the opinion that, tenant’s home life may not prevail over the rights of landowners acquired within the law of property, and if this occurred, landlords property rights will vanish. Therefore, the court ruled that Article 8 of the Convention is powerless in this

Contract Law - 1493 words

1493 words - 6 pages against the law if the business does not accept any replacement or refund on on-sale items. For instance, if a consumer buy a body building supplement on 30% discount price and when he gets home, he just realised that the products does not suit his age. Therefore, he is eligible to replace it or get a refund. However, if there is any sign that shows ‘No refunds will be given if you have simply changed your mind’ it is acceptable to refuse refund

Contract Law - 2224 words

2224 words - 9 pages in Contract Law is that acceptance must be communicated to the offeror, but in unilateral offers, performance of the specified act constitutes acceptance [4]. In Carlill v Carbolic Smoke Ball Co.[5], the defendants advertised that they would pay £100 to anyone who contracted influenza after using their smoke ball for a specified period, and that £1000 had been deposited in a bank as proof of their sincerity. Mrs Carlill

Business Law Assignment

1108 words - 4 pages imagine that a rule permitting deception might increase the ex ante share value by facilitating control transactions. Yet, with few exceptions, issuing firms generally have not used their ability to contract for either rule. In fact, firms rarely contract around unclear rules of corporate law. In the great majority of instances, firms passively accept the default rules of corporate law, even when those rules are as inconsistent and unclear as Delaware

Private Law and Civil Law: What is a Contract in Australian Law?

2053 words - 9 pages INTRODUCTION According to the case study, Nathan had newly arrived in the country and holds a refugee visa. He wasn’t aware of what a contract is and the main general issue arouse in the beginning was that he hardly understands English. As he was new in the country and was looking for a telephone to get connected to his family back overseas, he thought this would be a great opportunity and that is what made him indulge in the contract

Similar Essays

Contract Law Essay 8517 Words

8517 words - 34 pages . Today traditional contract law has been overlaid with rules to try to address any inequality in power, which is called substantive fairness.Drakers as a large engineering company would be continually dealing with people and entering into relationships that are regarded as contracts in law, for example buying any supplies or equipment from large suppliers which would need a speciality contract also known as contracts by deed, (they must be writing

Contract Law Essay 1255 Words

1255 words - 5 pages ) meaning of implied is, "something which indirectly indicates that it is the case". A synonym for the same is also implicit, which means implied but not expressed. Thus we need to read between the lines or to find it, as it is not physically expressed in the contract.A dictionary of law (Osborn's Concise, 1993) provides the following definition of the implied term: "A term in a contract which has not been expressively stated but which the courts are

C Ontract Law Essay

1285 words - 6 pages before the signing of the contract. This can be done by using a sign stating that ‘The staff are not responsible for your own personal belongings’ that is visible before entering the gaming arena.’ Cases such as Olley v Marlborough Court Ltd (1949) show that if Quanter Ltd’s separate terms were not acknowledged before the client legally binds to the contract, then the court of appeal will put favour onto the clients, if they attempted to sue

Contract Law Essay 3564 Words

3564 words - 14 pages Content pageAbstract3Introduction3Objective4Scope and limitation4Definition of contract5Formation of contract5The acceptance6Avoidance of contract10Legality12Discharge of contract12Remedies for breach of contract14Case 116Case 217Conclusion18Reference19AbstractThis report is based on the research of contract that is implied in Singapore and also international law. And also this report explain what is contract, the definition and what are the