To reach a conclusion regarding this case, and advise Martina, it is necessary to examine the following legal questions: The First Legal Issue:
It is therefore important that a definition of what a contract is, should be outlined to guide the course of advice that may be extended to Muchimba Company Limited.
The elements involved in a valid contract are also pertinent as much as what constitutes a contract.
The essay will therefore attempt to give an overview of a contract before according a good portion on the probable advice. The law of contract has crucial significance in the legal management of transactions and obligations in any economic system.
Essentially, a contract is an agreement between two or more parties that the law will enforce. In general, damages that is, compensation are payable for loss suffered by one party due to the non-performance or poor performance by the other party to the contract.
At common law, similar legal principles apply universally to all types of contracts. It is vital for Muchimba Company Limited to appreciate the piece of advice based on the information. There is seldom a formal or general acceptable definition of the term contract. He also intimated that an agreement that lacks one or more of the elements listed above is not a valid contract.
The statement or proposal is usually made on certain terms and often follows a process of negotiation. Going by the question at hand, Buchiclan Investments Limited made an offer which was not rejected in its state apart from Muchimba Company Limited setting a condition which requested for confirmation of order by post to validate it.
Now, whether a statement amounts to an offer depends upon whether the offeree would reasonably interpret it as an offer and it is no doubt this was the case. This is an objective test and not a subjective test of what the actual offeree thought.
To assist in determining whether an offer has been made, there are a number of rules that have been developed to make it valid.
A valid offer must: Be communicated by the offeror to the offeree; Buchiclan communicated in vivid terms to Muchimba Company Ltd the offer.
An offer is ineffective until it is communicated by the offeror to the offeree. If the offeree is unaware of an offer, then it would be impossible to accept it.
In R v Clarkethe court held that Clarke could not claim a reward for information he had given because, at the time he gave the information, he was unaware that a reward had been offered. More importantly, the advertisement also stated that the defendants offered to pay??
The plaintiff purchased their smoke ball and subsequently came down with a nasty bout of the flu. She sued the defendant for the?? The defendant argued, inter alia, that an offer must be made bilaterally that is, an offer cannot be made to the entire world.
The court disagreed and held that an offer can be made unilaterally that is, an offer can be made to the entire world. Must be clear and unequivocal; the offer was very clear and one of the terms contained therein had indicated the possible variation in the initial agreed contract price according to the cost and availability of materials.
Offers must be distinguished from non-promissory statements made during the course of negotiations. Objectively, these statements are exaggerated and a reasonable person would not expect them to be true.
Must be communicated by the offeree which Muchimba Company Limited did though attached a condition. Must be made in response to an offer like in R v Clarke and correspond with the offer. Must be made while the offer is still in force, and the company did what was necessary within the required time as in responding to the offer in general.
May be express, that is, oral or in writing; or implied from conduct. In Brogden v Metropolitan Railway Cothe defendant Brogden had been supplying coal to the plaintiff Metropolitan without a formal contract.
The parties thereafter proceeded to act as if there were a binding contract until a dispute arose between them some time later.
The court held that a contract existed because the parties had acted on the basis that a contract existed. In other words, the acceptance of the offer by the defendant could be inferred from his conduct.
Therefore, it appears to me that Muchimba Company Limited though setting a condition had implied to have agreed the terms in the offer communicated to them by Buchiclan as they did not object to the contents per se.Contracts I and II: Past Exams and Answers.
Past Exams and Answers (Professor Jimenez). Question: TMA 03 The Law reform (frustrated contract) Act has addressed the inadequacy of common law when dealing with the apportionment of loss between parties.
Evaluate this statement. Mark 75%, W Contract law and tort law. Answer: To evaluate this statement, we need to look at what is a frustrated contract and what are accepted as frustrations to the contract.
The dominant source of contract law is common law, whereby the previous decisions of the courts form part of the current law. There are also various statutory provisions which support contract law, one example which will be discussed later in this guide is the Unfair Contract Terms Act Scott Pearce's Master Essay Method – February – Contracts / Remedies Although Law Firm's action is not rendered untimely by the statute of limitations, it is possible that the circumstances as a whole make it seem unfair for Firm to obtain remedies.
Question: (LLB Contract Law 1st Year 75%) To what extent does the law provide sufficient protection for those who enter into a contract with a person who, through age, mental illness or intoxication, may be said to lack . Past Exam Questions for the California Bar Exam and the First-Year Law Students' Exam.