Tuesday, September 24, 2019
Contract law Essay Example | Topics and Well Written Essays - 2000 words - 3
Contract law - Essay Example Generally, for a contract to exist and to be valid more weight is directed to the intention of creating legal relationship by all parties involved.1 Under this case of Bob versus Alan, it is evident that both parties have an intention to create a legal relationship between them. So we can say that it is enforceable contract, because of both Bob and Alan intention to create this legal relationship. Also there is an element of consideration whereby there is a price agreed upon of â⠤725. It is also evident that both Alan and Bob had the contractual capacity to contract, for example, we find that Bob had a child, meaning that he had attained age of majority and that he was free to enter into contract without duress. Also both parties agreed to contract because when Alan approached Bob to purchase the item he was not forced to do so by Bob. The aspect of the nature of business being undertaken is lawful and therefore Bob and Alan were not involved in any illegal business. In this case of Bob versus Alan we can explicitly conclude that the major element of contract in question is that of offer and acceptance. There was evidenced of an offer being made by Bob through an advert in the Wormskirk Evening Gazette that read as follows; ââ¬ËUtopian Penny Red stamp, one only, â⠤750 or nearest offerââ¬â¢. According to the rules of offer, an offer can be made to the public or to a specific person, but it cannot shape the foundation of a contract until it has been accepted by an established individual. In this case of Bob versus Alan it was immaterial to whom the offer was directed to. Such offers made through advertisement can be accepted by anyone just by acting upon them and in this case Alan responded to the advert and acted upon it. Another rule of offer is that an offer can be made orally, in writing or by conduct. Usually the person making the offer is called an offeror
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