Contract Law Essays

‘Fault Is the Cornerstone of the Tort Law’

Example essay. Last modified: 2nd Feb 2018

Fault definition: A negligent or intentional failure to act reasonably or according to law or duty; an act or omission giving rise to a criminal in… ...

A Bank Is Not Under Any Contractual or Tortuous Duty to Advise

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From the traditional view point, ‘a bank is not under any contractual or tortuous duty to advise on the wisdom of commercial projects… ...

A Bill of Exchange Is an Unconditional Order in Writing

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“A bill of exchange is an unconditional order in writing, addressed by one person to another, signed by the person giving it, requiring the person to whom it is addressed to pay on demand or at a fixed or determinable future… ...

A Breach of a Contract Occurs

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With regards to remedies there are many different types of remedies, but the main one being Damages. The purpose of damages is to put the claimant … ...

A Case Involving the Exemption Clause

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According to Keith Abbott (2007), he mentioned that exemption clause can be defined as a term used in a contract to exempt one of the parties from … ...

A Comparison of Consideration Cases

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From orthodox view, the performance of an existing duty should not constitute consideration. A performance of an existing duty is a responsibility … ...

A Contract between Two Parties

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1.1 Introduction As mentioned before, contract is an agreement or promise made between two or more parties that the courts will enforce. It is … ...

A Contract in Hospitality Industry

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1.1 Introduction In hospitality industry, a contract is an agreement or promise made between two or more parties that the courts will enforce. In … ...

A Contract Is Void Without Consideration: Case Study Examples

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A contract is void without consideration. In other words, the court will never enforce a gratuitous agreement. ...

A Critical Review of the Key Features, Personnel, Philosophy …

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The Engineering and Construction Contract (ECC) is the third edition published by the Institution of Civil Engineers which is also referred to as t… ...

A Dispute May Arise in Different Situations

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Meaning of CIF contract: In relation with a CIF contract, a dispute may arise at kind of situation, even in the middle of the contract or … ...

A Formation of a Contract Requires 4 Important Elements

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A formation of a contract requires 4 important elements, namely an offer, an acceptance, an intention to create legal relations and consideration. … ...

A Legally Enforceable Agreement Between Two or More Parties

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The essence of contact is that there should be an agreement between the contracting parties. It is a legally enforceable agreement between two or more parties where it is normally constituted by one party making… ...

A Promise Made to You Will Not Necessarily Be Enforceable

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Consideration means that a promise made to you will not necessarily be enforceable in the courts unless you can establish that you have given something for it. Suppose I promise to deliver a ton of gravel to you next week… ...

A Promise or Set of Promises That the Law Will Enforce

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According to Sir William Anson, a “contract is an agreement enforceable by law made between two or more persons by which rights are acquired by … ...

A Promise Unsupported by Consideration

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1.0Introduction In general a promise unsupported by consideration is not a binding contract. Consideration was define by Sir Frederick Pollock as … ...

A Real Bailment Contract

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Take a real bailment contract of a transaction of a company and relate it to all the provisions available in Indian Sales of goods Act regarding this contract. ...

A Tort is a Civil Wrong

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A tort is a civil wrong other than a breach of contract. The civil wrong means that any wrong done by citizens or person who may be unintentional, which results to damages. ...

A Tort Is a Civil Wrong Against an Individual or Company

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Rosemary Page Johnson is employed as a delivery driver by a department store, Dobbinghams plc. His contract of service expressly forbids him from … ...

According to the Scenario

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To CT manager: The first problem area of contract law will be representations and terms. A mere representation is a statement which may encourage… ...

Action in Reliance on a Promise

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CONSIDERATION Where action in reliance on a promise has been requested, there will usually be sufficient consideration to justify enforcement of … ...

Advantages and Disadvantages of Mediation ADR

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Negotiation: is a bilateral dispute resolution process, is created to facilitate discussion between the parties. No third party is involved … ...

Advantages of Using Project Management Services

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1. Introduction: Independent Consultants play an important role in providing a variety of services – be it a feasibility study, Design or … ...

Advertisement Cases: Invitation to Treat or Offer to Sell?

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Advertisements could be treated as an invitation to treat or an offer to sell. These case examples demonstrate the differences. ...

Advertisement is a Unilateral Offer

Example essay. Last modified: 2nd Feb 2018

The appellant can argue that the advertisement is a unilateral offer and respondent published it having an intention of a binding agreement. In the advertisement, the respondent has included the exact time, date and conditions. People can clearly identify by looking at the advertisement that the respondent had a serious intention of having a binding agreement. ...

Advertisement of Bilateral and Unilateral Contract

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INTRODUCTION A contract is an agreement giving rise to obligations which are enforced or recognized by law. Agreement is usually reached between … ...

Advertisement to Sell His Car

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Gary had an old car in good condition and wanted to sell it for HK $30000. He put an advertisement outside the garage of his house and a … ...

Advising a Client to Make a Claim Against a Large Company

Example essay. Last modified: 2nd Feb 2018

The construction of the contract is vital. Clause 2.1 was therefore incorporated as a result of Elliot signing the contract (regardless of whether or not he read the document) as the exclusion clause was present at the time the contract was made. ...

Agency by Necessity Law

Example essay. Last modified: 2nd Feb 2018

According to S142 Contract Act 1950, an agency may arise by necessity or in an emergency. Agency of necessity means a person may become the agent of another without being appointed as such under certain circumstances. ...

Agreement Are Made Between Friends Are Made Without an Intention

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A social agreement are made between friends are made without an intention of being enforceable. Where the contract is of a social nature, the law is assumed that the both parties did not indent their agreement… ...

Agreement Between Two or More Parties

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A Contract may be defined as an agreement between two or more parties that is intended to be legally binding. The first requisite of any contract is an agreement. At least two parties are required. ...

Agreement Consideration and Intention to Create Relations

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The relevant area of law here is contract law. In order to advise Lisa it needs to be established that there is a contract between herself and … ...

Agreement Contract Negotiations

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Agreement Contract Negotiations. The concept of a duty to carry on negotiations in good faith is inherently repugnant to the adversarial position of the parties when involved in negotiations. Each party to the negotiations is entitled to pursue his (or her) own interest, so long as he avoids making misrepresentations… ...

Agreement Generated Rights and Obligations That May Be Enforced in the Courts

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A contract may be defined as an agreement between two or more parties that is binding in law. This means that the agreement generates rights and … ...

Agreement Made Between Contractor and Employer

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Introduction A construction contract is an agreement made between a contractor and an employer; the former agreeing to supply work and materials … ...

Agreement May Not Be Necessary

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Every contract is an agreement but agreement may not necessary to be considered as contracts if the agreement does not made in lawful way. A … ...

Agreements Rights and Responsibilities

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Advise Lucas, explaining his legal position. To advise Lucas on his legal position is to look at whether any contracts had been formed … ...

All Courts Bind All Lower Courts and Themselves

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Although the judgements for Ingram v little and Lewis v Averay seem to be conflicting and thus offer the impression that they are distinguishable … ...

All the Main Elements Constituting Valid Contract

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INTRODUCTION (Q1) List and discuss with examples all the main elements constituting a valid contract. The question listed above is the first … ...

An Acceptance May Be Defined as an Unconditional Assent

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The issue of this question is about a sale of car for RM30, 000 that advertised in the local newspaper by Ah Chong, whether or not he has a contract… ...

An Agreement Giving Rise to Obligations

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In April 2010, Ah Chong decided to sell his only car and placed an advertisement in the local newspaper with reads: … ...

An Agreement Which Is Enforceable by Law

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In Gibson v Manchester City Council, ‘the House of Lords examined the language of the correspondence to determine whether there was intention to … ...

An Agreement with Specific Terms

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An offer refers to the willingness to contract within some specified terms .On the other hand, an acceptance is the unconditional agreement to the … ...

An Analysis of the Malaysian Taxation System

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In order to be qualified as business expense so that it can be deducted from the gross income of a business source, it must fulfill all the followi… ...

An Erroneous Belief at Contracting

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In contract law, mistakes in law are a group of rules in English contract law, which happen to share the same title. A mistake is an erroneous … ...

An Exemption Clause Will Become Effective in Protecting Party

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In order to rely on an exemption clause, the party should first establish the following points: Incorporation, Construction, Unusual Factors and … ...

An Intention to Create Legal Relation Is an Essential in Tanzania

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The offer is a statement of intent of by the offer or to be legally bound by the terms of the offer if it is accepted, and the… ...

An Introduction to the Breach of Contract

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A breach of contract is also in a contract. Breach of Contract is the existence of agreement where there is a failure to keep the promises or agree… ...

An Offer Can Be Made in Oral Form, Written Form or Conduct

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Question: How is an offer terminated? Please provide examples and case law in order to support your answer. Offer, Acceptance and Consideration are… ...

An Offer Can Be Made to a Specified Person

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There are four cases about the offer and invitation to treat. The first case is Partridge v Crittenden. This case was a case stated by the … ...

An Offer Is a Definite Promise or Proposal

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An offer will be lapse if it is not accepted within the stipulated time. If A offers to sell a car to the B and ask the B to reply on or before… ...

An Offer Is a Proposal Made by One Party to Another

Example essay. Last modified: 2nd Feb 2018

An offer is a proposal made by one party (offeror) to another (oferee) indicating a willingness to enter a contract.(Brown and Sukys pg 153) To … ...

An Offer Must be Clear

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Intention of the parties will determine the advertisement is an offer or an invitation to treat. For instance the case is Majumder v Attorney … ...

An Offer Under Malaysian Contract Act 1950

Example essay. Last modified: 2nd Feb 2018

In Malaysia, an offer in the context of the Contract Act 1950 is known as a ‘proposal’, which is defined in S. 2(a) of the Act. ...

An Overview of Discharge by Performance

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According to Contracts Act 1950, discharge by performance is separated into 6 parts which are Contracts which must be performed, by whom Contracts … ...

An Overview of Guarantees as a Contract

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Introduction The term ‘guarantee’ has been defined by the Black’s Law Dictionary simply as the assurance that a contract or a legal act will … ...

An Overview of Letters of Intent

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Because of their susceptibility to unexpected interpretation, it is easy to understand why letters of intent have been characterised as ‘an … ...

An Unambiguous False Statement of Existing Fact

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An actionable misrepresentation is an unambiguous false statement of existing fact, made to the claimant, which is material and induced him to … ...

Analysing the Doctrine of Consideration in Law

Example essay. Last modified: 2nd Feb 2018

Lord Goff described contract law in England as being ‘hampered’ by the ‘unnecessary doctrine of consideration’. White v Jones [1995] 2 AC 2… ...

Anticipatory Repudiation Describes a Declaration by a Promising Party

Example essay. Last modified: 2nd Feb 2018

Anticipatory repudiation also called an anticipatory breach, is a term in the law of contracts that describes a declaration by the promising party … ...

Appleby v Myers Contract

Example essay. Last modified: 2nd Feb 2018

Full text FACTS Appleby agreed to erect machinery on Myers’s premises for £459. When the erection was almost complete, an accidental fire … ...

Application in Australia of Doctrines of Unconscionability

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Introduction In recent years, there has been a marked quickening of interest in the application in Australia of the equitable doctrines of … ...

Application of Law in Response Company’s Claim

Example essay. Last modified: 2nd Feb 2018

The general prima facie rule as articulated in Partridge v Crittenden is that advertisements constitute an invitation to treat rather than an offer… ...

Application of Salam in Malaysian Banking System

Example essay. Last modified: 2nd Feb 2018

ABSTRACT Islamic banking is flourishing in the world today. Malaysia is a leading country of it in the world. In Malaysia, there are various types … ...

Applying Certain Rules of Contract Law

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This question requires me to analyse the scenario from the perspective of contract law paying particular regard to the rules relating … ...

Arbitration Agreement and Doctrine of Separability

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INTRODUCTION Arbitration is a form of alternative dispute resolution (ADR), which is a legal technique settling the disputes outside courts, … ...

Architect was Functus Officio

Example essay. Last modified: 2nd Feb 2018

The plaintiffs were contractors to the defendants under a contract in the JCT Standard Form, 1980 Private edition with Quantities. The date for completion was 28th February 1986 with liquidated damages of £700 per week. The plaintiffs did not complete the works by the completion date but were granted an extension of time on 9th March 1986 until 25th March 1986. On that day the Architect … ...

Are Offers Legally Binding

Example essay. Last modified: 2nd Feb 2018

In this particular problem, the major issue is whether there is an option between Lewis and Benny. And the acceptance of Benny is effective or … ...

Are the Claimants Owed Duty of Care

Example essay. Last modified: 2nd Feb 2018

As the three potential cases refer to the breach of duty of care it would appear important to firstly decide if the claimants were in fact owed … ...

Aspect of Contract and Negligence for Business

Example essay. Last modified: 2nd Feb 2018

(1139) Md. Misbah Uddin Task- 1 & 2 An agreement between two or more parties which creates legally binding and duties between the parties. ...

Aspects of Contract And Business Law

Example essay. Last modified: 2nd Feb 2018

The Sale of Goods Act 1979 deals only with contractual rights and duties. ...

Attitude and Approach of the Judiciary to a Claim for Economic Loss

Example essay. Last modified: 2nd Feb 2018

In this essay, I am going to discuss pure economic loss negligence and the approach of the judiciary to a claim. “Many losses resulting from to… ...

Australian Principles of Restraints of Trade

Example essay. Last modified: 2nd Feb 2018

Bulldogs Rugby League Club Ltd & anor v Williams & ors gave the Court another opportunity to consider the principles of Restraints of Trade and review the right of employers to enforce employee restraints in Australia. ...

Basic Elements Form a Valid Contract

Example essay. Last modified: 2nd Feb 2018

In the chapter of law of contract, we learned about the basic elements that form a valid contract which are offer, acceptance, consideration and … ...

Battle of the Forms

Example essay. Last modified: 2nd Feb 2018

Constructors plc fist communicate with Painters Ltd by requesting information on the 4th January. This is an ‘Invitation to treat’. This … ...

Benefits and Disadvantages of Variation Orders

Example essay. Last modified: 2nd Feb 2018

Definition of Variation: A variation from the contract occurs where the actual work to be carried out changes, or where the circumstances in which … ...

Benefits of Standard Form Contracting

Example essay. Last modified: 2nd Feb 2018

Assignment 2: Construction Law There are many benefits of standard form contracting and there have been calls for the industry to adopt the use of … ...

Bi-Lateral or Unilateral Contract

Example essay. Last modified: 2nd Feb 2018

Case 1 (Bi- Lateral or Unilateral Contract) Mark Realty, Inc. v. Rogness, 418 So. 2d 373 The case of Mark Realty, Inc. v. Rogness involved two … ...

Breach of a Legal Duty to Take Care Which Results in Damage

Example essay. Last modified: 2nd Feb 2018

Winfield defined tort of negligence as a breach of a legal duty to take care which results in damage to the claimant.1 In English law, in order to… ...

Breach of Any Contract is Failure to Fulfil its Contractual Obligations

Example essay. Last modified: 2nd Feb 2018

-P Uthara Priyadharshini* Breach of any contract is mostly due to failure of one party to fulfil its contractual obligations. There are several … ...

Breach of Any Implied or Express Terms in This Contract

Example essay. Last modified: 2nd Feb 2018

This is the first element of contact law . intention is to create a legal relationship between two or more parties… ...

Breach of Contract Agreement

Example essay. Last modified: 2nd Feb 2018

Breach of Contract Agreement. Sean placed a notice in his flat window stating ‘Guitar for sale – £300’. On Tuesday whilst walking her dog, Anne’s attention was drawn to this notice. The next day Anne walked past Sean’s house again and saw that the… ...

Breach of Contract Case Summaries

Example essay. Last modified: 2nd Feb 2018

Summaries of breach of contract cases including breaches under performance, agreement and frustration. ...

Breach of Contract Damages

Example essay. Last modified: 2nd Feb 2018

There are various remedies available to a business provider in the event of a breach of contract. ...

Breach of Contract in Construction

Example essay. Last modified: 2nd Feb 2018

The Bellgrove v Eldridge case was bought before the High Court in 1954 in relation of a breach in contract. My understanding of this case is that… ...

Breach of Promise to Marry

Example essay. Last modified: 2nd Feb 2018

In Malaysia, there are no specific provisions of law relating to the issue of promise to marry. The breach of promise to marry is dealt under … ...

Bribery and the Contract Act 1950

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As an agent to his principal, he is responsible not to make any secret profit out of the performance of his duty. Secret profit can be defined as … ...

Building Contract JCT

Example essay. Last modified: 2nd Feb 2018

Building Contract JCT – It is an essential characteristic of legally binding contract that consideration passes between the parties to it. In simple terms that exchange is encapsulated in the foundation Articles of the SFBC 98, which provide that… ...

Building Works Contract Is a Written Agreement Between Parties

Example essay. Last modified: 2nd Feb 2018

A building works contract is a written agreement between parties involved in the building or alteration of any structure. It details the rights and obligations of all parties involved, administration procedures… ...

Bus Stop Negligence Scenario

Example essay. Last modified: 2nd Feb 2018

The Bus Stop Problem Queenie, a single parent, lived with her son Brian, who was six years old, and her four month-old baby girl, Jemima. Queenie w… ...

Can the Performance of Existing Duty Amount to Consideration?

Example essay. Last modified: 2nd Feb 2018

What is performance of existing duty? Its means that makes a promise to another person in order to exchange for the others promise or performance … ...

Capacity to be Bound to the Contract

Example essay. Last modified: 2nd Feb 2018

1.0 Introduction In the aspect of law, a contract is a legally binding agreement between two or more parties which contain elements of a valid … ...

Capacity to Contract Case Study and Discharge of Contract Reasons

Example essay. Last modified: 2nd Feb 2018

A case study demonstrating the capacity to contract rules and details of the ways a contract can be discharged. ...

Car Sale Advertisement Issues and Relevant Authorities

Example essay. Last modified: 2nd Feb 2018

Mary wanted to sell her car, so she put up an advertisement on the university notice board. Offered for sale- Fiat Punto 2001. Metallic red and … ...

Carlill v Carbolic Smoke Ball Co

Example essay. Last modified: 2nd Feb 2018

The difference between a valid offer and a mere invitation to treat, especially in the world of advertisements but also beyond, can be difficult to establish. ...

Carlill v Carbolic Smoke Ball Co

Example essay. Last modified: 2nd Feb 2018

The company made a product called “Smoke Ball”. It claimed to be a cure to influenza and many other diseases, in the context 1889-1890: Flu pandemic which is estimated to have killed 1 million people. The smoke ball was a rubber ball with a tube fixed to its opening. ...

Carlill v Carbolic Smoke Ball Company

Example essay. Last modified: 2nd Feb 2018

Mrs. Louisa Elizabeth Carlill who had seen the advertisement bought one of the balls and eventually used it three times daily for nearly two months until when she contracted the flu on January 17, 1892. Hence due to her adherence of the instructions she claimed £100 reward from the Carbolic Smoke Ball Compan ...