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  • Essay / What is contract law? - 1092

    The scenario presented in this assessment focuses on identifying particular legal issues that are an integral part of contract law. It also requires us to apply legal principles in a way that determines the outcome of a legal dispute and to view the dispute from the perspective of both parties involved. A contract can be defined as an agreement between two or more parties intended to be legally binding. According to Graw (2012), every contract has a number of essential elements. These include contract formation, an offer, agreement, consideration, intention and legality. In order to determine whether Barry and Sarah's communications constituted a contract, certain details of this scenario will need to be addressed and discussed. The discussion surrounding this scenario will focus on the elements of offer and acceptance because, in my opinion, these are the main issues at stake in the given dispute between the two parties. Although contract law does not identify itself as a subjective practice, the law often uses "the intention of the parties" as a means of resolving disputes and conflicts. This does not refer to the actual intentions of the participants in the contract, but to the “appropriate inference” from “all the facts as to what the intentions of a reasonable person in the parties' circumstances would have been”. While contracts do not require any special formality, they are concluded when one party makes an unconditional offer and the other party accepts the unconditional offer. The agreed consideration is also an important element when it refers to the price or other specific guidelines under which the contract is concluded. In our scenario, Barry is...... middle of paper ......communicates to Barry that she had accepted his offer of $1,000 and no guarantees. Additionally, the two men did not agree on the terms and conditions, so the offer was not valid. Works Cited De Rooy, Julie, Clarke, B. & Psaltis, M, Learning Guide: Law and the role of the courts (Swinburne University, Melbourne, 2012).Chen-Wishart, Mindy, Contract Law (Pearson, London, 2012) .Graw, Stephen. An Introduction to Contract Law (Thomson Reuters, NSW, 7th ed., 2012).McKendrick, Erin. Contract Law (Palgrave Macmillan, London, 2011). Poole, Jill, Casebook on contract law (Oxford: Oxford University Press, 2012). Young, Max, Understanding Contract Law (Cambridge University Press, Cambridge, 2008). Adams v Lindsell (1818) 1 B & ALD 681Grainger & Sons v Gough (1896) AC 325Harris v Nickerson (1873) LR 8 QB 286Pharmaceutical Society v Boots Cash Chemicals LTD (1953) 1 QB 401