Contract Law Essays

Prerequisite for a Contract That Is Enforceable

Example essay. Last modified: 2nd Feb 2018

Intention to enter into contractual (or promissory) relations appears to be a prerequisite for a contract that is enforceable. After considering … ...

Presumptions as to Indian Evidence Act Documents

Example essay. Last modified: 2nd Feb 2018

Presumptions are inferences which are drawn by the court with respect to the existence of certain facts. When certain facts are presumed to be in existence the party in whose favor they are presumed to exist need not discharge the burden of proof with respect to it ...

Primary Remedy for Breach Should be Damages

Example essay. Last modified: 2nd Feb 2018

Introduction: Economists claim that the theory of efficient breach allows us to predict when parties will choose to breach a contract if the legal … ...

Principal Requirements of the Tort of Negligence

Example essay. Last modified: 2nd Feb 2018

The principle requirements of the tort of negligence are that the defendant should owe the claimant a duty of care, that there should be a breach … ...

Principle of ‘Good Faith’ in Contract Negotiations

Example essay. Last modified: 27th Mar 2019

This essay will discuss the disposition of English law towards the principle of good faith and if the existence of the principle of good faith is vital. ...

Principle of Awarding Damages to a Party

Example essay. Last modified: 2nd Feb 2018

Damages are a financial remedy which aims to compensate the injured party for the consequences of a breach in the contract they were in. In … ...

Principle of Good Faith in Contractual Dealings Has a Varied Degree

Example essay. Last modified: 2nd Feb 2018

The principle of good faith in contractual dealings has a varied degree of acceptability. In many legal systems around the world, the … ...

Principles of Contract Law Essay

Example essay. Last modified: 29th Oct 2020

Contractual relationship is a widespread and varied phenomenon which is pervasive in all world’s languages ...

Privity and Relationship to Doctrine of Consideration

Example essay. Last modified: 2nd Feb 2018

The meaning of privity of contract doctrine is that only persons who are parties to a contract are entitled to take action to enforce it. A … ...

Problems with the Offer and Acceptance Model

Example essay. Last modified: 17th Apr 2019

This is essay will set out to explain the current law on the rules of offer and acceptance within contract law. ...

Product Liability and Psychiatric Illness

Example essay. Last modified: 2nd Feb 2018

In this hypothetical case, there are two main aspects concerned, namely, product liability and psychiatric illness. In product liability aspect … ...

Promise in Breach of Contract

Example essay. Last modified: 2nd Feb 2018

litigation results from the failure of one of the parties to abide the modification or settlement. In such cases court have often declined to grant relief for breach of contract… ...

Promise to Do Something Agreed To

Example essay. Last modified: 2nd Feb 2018

1. Enforceable contracts are created by the promise to do something youve previously agreed to do. This was the initiative in Stilk v Myrick … ...

Promissory Estoppel in Tax Laws

Example essay. Last modified: 2nd Feb 2018

One of the impending problems that confront taxpayers in their relationship with the Tax Department revolves around the credibility … ...

Proving Undue Influence in Court

Example essay. Last modified: 2nd Feb 2018

2.1 Preliminary First and foremost, any discussion on the law of undue influence must begin with Allcard v Skinner where Cotton LJ clearly stated … ...

Public Advertisements Do Not Constitute an Offer

Example essay. Last modified: 2nd Feb 2018

A contract is an agreement between two or more persons which is enforceable by law. Generally, public advertisements do not constitute an offer merely an invitation to treat. ...

Questions on Elements and Remedies in Contracts

Example essay. Last modified: 2nd Feb 2018

List and discuss with example all the main elements constituting a valid contract. Write notes with examples on the three most important remedies … ...

Reasonable Expectations of Parties Concept

Example essay. Last modified: 2nd Feb 2018

In systems of law where there is a general duty of good faith in the performance of contracts the need to supplement the written contract … ...

Recognition of the Legality of Electronic Contracts

Example essay. Last modified: 2nd Feb 2018

The brief will investigate the potential problems that can arise in electronic contracts. ...

Recommendations of the Law Commission of India

Example essay. Last modified: 2nd Feb 2018

Chapter 1: Introduction The basic rules and principles which govern contracts are enacted in the Indian Contract of 1872. The Contract … ...

Recovery of Economic Loss in Negligence

Example essay. Last modified: 2nd Feb 2018

Answer the following questions, within the word limit set for each. What is the distinction between consequential economic loss and pure economic … ...

Recovery of Money Under Employee Provident Fund

Example essay. Last modified: 2nd Feb 2018

Determination of moneys due from employers (1) The Central Provident Fund Commissioner, any Additional Central Provident Fund Commissioner … ...

Reform of Duress and Necessity

Example essay. Last modified: 2nd Feb 2018

‘Summarise the provisions and recommendations of the Law Reform Commission in reform of the pleas of duress and necessity’ The Law Reform … ...

Reforms of Doctrine of Privity

Example essay. Last modified: 2nd Feb 2018

It is proposed to introduce the doctrine of privity in outline in Part A. In Part B, the purposes behind the Contract … ...

Remedies Available for a Breach of Contract

Example essay. Last modified: 2nd Feb 2018

What are the general principles in the formation of a contract? What are the various forms of remedies available for a breach of contract … ...

Remedies for Breach of Contract

Example essay. Last modified: 2nd Feb 2018

Breach of contract is a legal cause of action in which a binding agreement is not honoured by one or another more of the parties. ...

Representation Is a Statement Made Before a Contract

Example essay. Last modified: 2nd Feb 2018

Madison sold his private dental practice at Jurong Central to Jane after convincing her of the good profitability of the business and … ...

Requirement of Intention to Create Legal Relations

Example essay. Last modified: 2nd Feb 2018

Apart from offer, acceptance and consideration an assertion has always been made that for there to be a valid contract, it is also essential … ...

Requirements and Contents of a Legally Binding Agreement

Example essay. Last modified: 2nd Feb 2018

Acceptance is seen to validate a contract, and as explained by Duhamie ‘it gives it life’ . Under the rules of acceptance, the offeree … ...

Requirements for a Contract in Roman Law

Example essay. Last modified: 2nd Feb 2018

Roman Law: “Examine the three elements required for a valid contract and illustrate how the law relating to them developed.” ...

Requirements for a Valid Contract in Shariah Law

Example essay. Last modified: 2nd Feb 2018

The definition of contract in shariah law is ...

Requirements for a Valid Contract of Sale

Example essay. Last modified: 2nd Feb 2018

In relation to the contract of sale, examine the three elements required for a valid contract and illustrate how the law relating to them developed. ...

Respective Rights and Duties Under Contracts

Example essay. Last modified: 2nd Feb 2018

I am asked to advise the parties as to their respective rights and duties under each of the contracts and as to whether English court would accept … ...

Restitution under Civil Procedure Code

Example essay. Last modified: 2nd Feb 2018

“Any civilized system of law is bound to provide remedies for cases of what has been called unjust enrichment or unjust benefit, that … ...

Rethinking of the No Action Clause

Example essay. Last modified: 2nd Feb 2018

Part I: Introduction During the last few decades, the volume of the usage of the trust in financial transactions has increased considerably … ...

Revocation or Termination of an Offer

Example essay. Last modified: 2nd Feb 2018

Introduction Offer and Acceptance must be established before an agreement or a contract can be said to have occurred. For two parties to reach … ...

Right of Set-off in Building Contracts

Example essay. Last modified: 2nd Feb 2018

. The principle laid down by Dawnays has been criticised by Gilbert Ash case at the House of Lords which declared that the decision in Dawnays was wrong thus the decision of the case “ought not to be allowed to stand(1)” ...

Rights and Obligations of Parties under Contract

Example essay. Last modified: 2nd Feb 2018

A contract is an agreement between parties which is binding in law. Furthermore the rights and obligations of the parties under a contract may … ...

Rights of Third Parties in Contract

Example essay. Last modified: 2nd Feb 2018

Discuss Why It Was Thought Necessary To Introduce The Contract (Rights Of Third Parties) Act 1999, And To What Extent The Act Overcomes The Judicial Criticism Levelled At The Privity Doctrine Prior To Its Enforcement. ...

Risks of Buyer Seller and Ship Owner

Example essay. Last modified: 2nd Feb 2018

In today’s world, the world of commerce and trade, goods are being always transported from one place to another, one country to another … ...

Role in Contract Law of Fairness

Example essay. Last modified: 2nd Feb 2018

The latest years fairness play a vital role in contract law and is a very controversial subject. . The English law concerned with procedural … ...

Role of Consent Contracting Parties

Example essay. Last modified: 2nd Feb 2018

… ...

Role of Seaworthiness in the Maritime Contract

Example essay. Last modified: 29th Oct 2020

The vessel must be in such a state at the start of the voyage that it can perform the contract voyage in safety,both as regards the vessel itself and the particular cargo to be carried on the voyage. ...

Rule for Judging Specific Standard of Care

Example essay. Last modified: 2nd Feb 2018

The first thing I would advise yourself is the on the terminology, an express term is a term that is clearly expressed in the contract; there … ...

Rules of Agreement in Online Communication

Example essay. Last modified: 27th Mar 2019

This essay will first analyse the long-standing rules of an agreement before evaluating the problems faced when applying them. ...

Rules of Contract Law Tutorials

Example essay. Last modified: 2nd Feb 2018

The general rule for the doctrine of privity imposes that only the parties to a contract are entitled to take action in order to enforce it so … ...

Rules of Offer and Acceptance

Example essay. Last modified: 2nd Feb 2018

Rules of Offer and Acceptance are applied to enforce an agreement by the law. This agreement is the first requisite of any contract of the business. ...

Rules of Proposal and Acceptance

Example essay. Last modified: 2nd Feb 2018

Introduction This issue involves the rules of proposal and acceptance in the law of contract. In order that, the courts may decide whether … ...

Sale of Goods Contracts

Example essay. Last modified: 2nd Feb 2018

Sale of goods contracts are, without doubt, both the most common and the most important of all commercial contracts ...

Sales Condition Warranty

Example essay. Last modified: 2nd Feb 2018

Sales Condition Warranty Essay. The Sales of good Act 1893 contains the definitions of ‘condition’ and ‘warranty’. In the period between 1893 and 1962, it was commonly accepted that ‘condition’ and ‘warranty’ were the only two types of terms which assist… ...

Sales Contracts

Example essay. Last modified: 2nd Feb 2018

The contract is an unilateral offer, it is a contract with the people in the whole world. They also deposited $1000 in the bank, this shows that they were liable ...

Scenario Presents an Exclusion Clause

Example essay. Last modified: 2nd Feb 2018

Initially, the scenario presents an exclusion clause which can be defined as “a clause in a contract or a term in a notice which appears to … ...

Scott v Avery Clause- An Introduction

Example essay. Last modified: 2nd Feb 2018

In Russell on Arbitration, Scott v Avery clause was explained as: “While parties cannot by contract oust the jurisdiction of the courts … ...

Second-hand Goods Law

Example essay. Last modified: 2nd Feb 2018

Second-hand Goods Law. The House of Lords’ decision in Shogun Finance Ltd v Hudson [2004] 1 A.C. 919 implicitly cautions against the risks associated with title to the purchase of second-hand goods ...

Secret Profit Can be Defined as a Bribe

Example essay. Last modified: 2nd Feb 2018

Once an agent received a secret profit, the law presumes that he has been affected by the payment to the detriment of his principal. It does not … ...

Self Service System is Invitation to Treat

Example essay. Last modified: 2nd Feb 2018

The case that Pharmaceutical Society of Great Britain v Boots Ltd established that self-service system is an invitation to treat instead … ...

Set New Standards for Contractual and Pre Contractual Relations

Example essay. Last modified: 2nd Feb 2018

A contract is essentially private, it is a creation of rights and obligations initiated entirely by free consenting parties to perform certain … ...

Setting Aside of Mortgages for Undue Influence

Example essay. Last modified: 2nd Feb 2018

Chapter 3: Mortgages and Undue Influence 3.1 Preliminary In examining the law on the setting aside of mortgages for undue influence, the … ...

Shipping and Charter Party Contracts

Example essay. Last modified: 2nd Feb 2018

Charles has chartered a vessel to David for a voyage or ocean trip under the conditions of charter party contracts. And under this … ...

Should Advertisements Be Considered Offers?

Example essay. Last modified: 2nd Feb 2018

A contract or an agreement is usually reached by the process of offer and acceptance and the law requires an offer on ascertainable terms which … ...

Six Types of Basic Elements

Example essay. Last modified: 2nd Feb 2018

A valid contract requires: (1) an agreement; (2) an intention to create legal relations; and(3) consideration (unless the Contract … ...

Solutions to Breach of Contract

Example essay. Last modified: 2nd Feb 2018

The transformation of contract law into its modern conception, is based on the Latin principle of ‘pacta sunt servanda’ .. ...

Solving Contract Legal Issues Case Study

Example essay. Last modified: 2nd Feb 2018

Based on the facts given below, please solve the stated problems according the provisions of applicable statute and by stating the legal rights … ...

Some Terms are More Important than Others

Example essay. Last modified: 2nd Feb 2018

In the past the courts maintained that the distinction between conditions and warranties was to be made without considering the actual results of … ...

Specific Terms Such As Consideration, Capacity, Intention

Example essay. Last modified: 2nd Feb 2018

Contract is form by specific terms such as consideration, capacity, intention and also genuine consent. Among all of these terms there also sub topic under each specific terms that we previously mention that are important in the… ...

Standard Form of Contract For the Execution of Work

Example essay. Last modified: 2nd Feb 2018

A leading manufacturer of confectionery in the UK suffered a devastating fire at their factory in Sheffield. Their insurers have authorised … ...

Standard Forms of Construction Contracts

Example essay. Last modified: 2nd Feb 2018

Construction contracts are of a complex nature and are included among the few types of contracts which have to be in writing. According to section … ...

Statement Which Induces a Person Into Contract

Example essay. Last modified: 2nd Feb 2018

INTRODUCTION Representation is a statement which induces a person into a contract but which does not become a term of contract. Misrepresentation … ...

Statute Law or Legislation

Example essay. Last modified: 2nd Feb 2018

Statute law or Legislation is an important source of law in South Africa. They are the written laws as set out by the parliament and provincial legislatures… ...

Statutory Interpretation – Principles

Example essay. Last modified: 2nd Feb 2018

This problem question necessitates a discussion surrounding the area of statutory interpretation. ...

Strict Product Liability in the Auto Industry

Example essay. Last modified: 2nd Feb 2018

With the sales of goods to the public comes responsibility on the part of the manufacturer and advertisers. Government has some responsibility to protect the public. ...

Subjective Devaluation Unfairly Favours the Claimant

Example essay. Last modified: 2nd Feb 2018

The law relating to subjective devaluation unfairly favours the claimant to the detriment of the defendant. Critically Discuss. ‘You return … ...

Substantive Common Law Rule in Contract Cases

Example essay. Last modified: 2nd Feb 2018

Body Parol Evidence Rule is a substantive common law rule in contract cases that restricts a party to a written contract to present evidence … ...

Succesfully Claim Damages for the Distress

Example essay. Last modified: 2nd Feb 2018

In 20th July 2009, Lucy Smith contracted with Horizon Builders Ltd development of project at Moor View House. Following a telephone conversation … ...

Sydney Opera House Construction Project

Example essay. Last modified: 2nd Feb 2018

The story of the Sydney Opera house is one that started as a fairy tale, had a tragic middle and is emerging as a tale of reconciliation and love of art and creative work. ...

System of Binding Precedent is Called Stare Decisis

Example essay. Last modified: 2nd Feb 2018

According the above case, Mr Justice Peter which is the high court judge cannot decline to be bound by the decision made previously by the Court of… ...

Tanzania Legal Management of Contracts

Example essay. Last modified: 2nd Feb 2018

The requirement of having adequate provisions’ governing investments and commercial transactions in Tanzania Mainland has been taken care of by the SOGO now referred… ...

Taxonomy of the Law of Unjustified Enrichment

Example essay. Last modified: 2nd Feb 2018

Over the past three decades, the law on unjustified enrichment in Scotland has awoken from what seemed to be a dormant state, and the picture of … ...

Termination of Contract and Invitation to Treaty

Example essay. Last modified: 2nd Feb 2018

Termination of contract is an act occurring when the two parties break an agreement which was set between them showing relationship that they have either … ...

Terms and Conditions of Subcontract Works

Example essay. Last modified: 2nd Feb 2018

The subcontract works shall be executed in accordance with the main contract tender documents, specifications, conditions of contract, letter of acceptance and… ...

That of a Creditor Debtor

Example essay. Last modified: 2nd Feb 2018

Introduction A banker, in addition to his primary functions, renders a number of services to his customers. After the account in the bank … ...

The Answer is Mr Justice Peter, a High Court Judge

Example essay. Last modified: 2nd Feb 2018

Under the judicial precedent, the decisions of the higher courts are binding on the lower court. Previously, the judges has made the decision in ...

The Aspects Involved in a Ship Collision

Example essay. Last modified: 2nd Feb 2018

In my opinion, this present case involves five aspects which are collision, salvage, general average and oil pollution, and limitation of … ...

The Assumption of Responsibility Can Be Considered

Example essay. Last modified: 2nd Feb 2018

In January 2003, Transfield Shipping Inc of Panama (Transfield) chartered The Achilleas from the Mercator Shipping In… ...

The Bargain Element of Consideration

Example essay. Last modified: 2nd Feb 2018

All contracts require something to be given in return for something else. This is called ‘consideration’. It is the bargaining element of … ...

The Basic Fundamentals of How a Contract Works

Example essay. Last modified: 2nd Feb 2018

In the case between Allan and the bus conductor, Allan left his folder in the bus and finally the bus conductor voluntary return the folder to … ...

The Basic Purpose of Contract Law

Example essay. Last modified: 2nd Feb 2018

The basic purpose of contract law is to provide a framework within which individuals can freely contract. The contract can legally bind the contracting parties by the creation of laws which are applicable ...

The Bellgrove V Eldridge Case

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 … ...

The Case of Watford Electronics

Example essay. Last modified: 2nd Feb 2018

The case of Watford Electronics Ltd v Sanderson CFL Ltd was brought in the Court of Appeal before Lord Justice Peter Gibson, Lord Justice Chadwick and Mr Justice … ...

The Classical Model of Contract Law

Example essay. Last modified: 2nd Feb 2018

The classical model of contract law stated that for a contract to come into existence some specific elements must be present; intention to create legal relations, an offer followed by a matching acceptance, ...

The Concept of Agreement

Example essay. Last modified: 2nd Feb 2018

An agreement can be defined as aspect that arises when an offer made by one party is accepted by the other, According to the Law an agreement … ...

The Concept of Collateral Contract

Example essay. Last modified: 2nd Feb 2018

In this report the focus is to discuss the collateral contract. I will explain the concept of collateral contract through several precedent cases. ...

The Concepts of Unjust and Unjustified Enrichment

Example essay. Last modified: 2nd Feb 2018

“As regards the evaluation of the enrichment, the use of money is in itself a non-money benefit which has to pass the tests applied … ...

The Contract Conditions and Warranties

Example essay. Last modified: 2nd Feb 2018

Unless a different intention appears from the terms of the contract, stipulations as to time of payment are not deemed to be of the essence of a contract of sale. ...

The Contracts Rights of Third Parties

Example essay. Last modified: 2nd Feb 2018

The Contracts (Rights of Third Parties) Act 1999] does make an improvement to the law in that it reforms a doctrine which many parties regarded as unjust and commercially inconvenient ...

The Court Uses the Objective test

Example essay. Last modified: 2nd Feb 2018

On the 29th October, 2010 Steven advertised in the NewFocus Paper, “Yamaha Piano latest model, excellent condition, RM15, 000, interested … ...

The Creation of a Legally Binding Contract

Example essay. Last modified: 2nd Feb 2018

The most important issue on this scenario is based around contract law. The current situation of Julie… ...

The Degree of Reliance on the Statement

Example essay. Last modified: 2nd Feb 2018

In advising Derek as to whether he is likely to have a successful claim based on misrepresentation, it must first be determined if the actions … ...

The Development of Existing Duty Rule

Example essay. Last modified: 2nd Feb 2018

1 Introduction Definition of consideration Consideration is defined as there must be an exchange between both parties in order to form a legal … ...

The Development of the Doctrine of Frustration

Example essay. Last modified: 2nd Feb 2018

The principle of freedom to contract is a founding principle upon which the world of commercial contracts operates. This strictly means … ...