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The Law Of Contract Essay

1550 words - 6 pages

Higher National CertificateBusiness & FinanceModule: Business & Company Law1466 WordsC O N T E N T SPage 1 …………………………ContentsPage 2 …………………….......Assignment OutlinePage 3 …………………………Assignment bodyPage 8 …………………………BibliographyGary had been Imelda's gardener for many years. Imelda buys a new car, and tells Gary that because he did such a good job in her garden last summer, that he could have her old car. Gary is delighted, and advertises his rusty old Ford for sale in the window of the local post office. Archie buys the car after being told by Gary that it had never been involved in an accident. A day later, a friend of Archie's who is a mechanic discovers that the car had in fact been involved in an accident. Although the damage is not serious, it meant the car was worth £300 instead of the £550 Archie paid for it. Two days later, Imelda changes her mind and refuses to give Gary her old car.Discuss the contractual claims which may arise, and the legal issues upon which their outcome may depend.The four essential elements of a contract: offer, acceptance, consideration and the intention to create legal relations must be present before it can be said that a valid, legally binding contract exists.It needs to be established whether or not a contract exists between the parties in question and if so the contractual claims which may arise.First we will examine the connection and contractual claims between Gary and Imelda. As Gary is Imelda's gardener we shall assume that they have a business relationship i.e. employer and employee and therefore have the intention to create legal relations as opposed to a domestic or social agreement where they wouldn't intend to be legally bound, it is however possible to contest this assumption with evidence to the contrary.The next concern is the status of Imelda's statement; does it constitute an offer or an invitation to treat? The difference between both is the intention. If an individual intends to be bound by acceptance without negotiation they are said to have made an offer. If an individual intends to have negotiations which may eventually lead to a contract, the statement is said to be an invitation to treat. In this case Imelda's statement would constitute an offer.Gary's rights in contract will depend on whether he is able to prove that he made the necessary acceptance of Imelda's offer before she changed her mind and revoked the offer. Acceptance must be communicated to the offeror. Acceptance can be made in various ways; it can be orally or in writing. However silence cannot amount to acceptance. As in the case Felthouse v Bindley (1862), similarly in this case, Gary's silence represents no communication and therefore...

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