Contract Segment Assignment Help | Contract Law Assignment Help
Contract Segment Assignment Help is a solution of Contract Segment Assignment Help in which we discuss A contract is regarded as a special relationship between the parties that agree to it.
A contract is regarded as a special relationship between the parties that agree to it. It is a special because on the parties may be able to derive the benefits from it. The contract should be of standard form and contain the basic elements of the contract. Every contract has a certain type and should be treated accordingly. The breach of a contract is studied according to the nature of the contract. The breach of contract is said to be different from the breach so caused under the law of tort. The various types of torts area aimed at being studied in the following assignment. The knowledge so derived from the given principles is then applied towards the case studies to derive the answers.
A contract is a relationship between the parties for the purpose of a specific nature that brings the parties together. Such a purpose has to be the nature of the contract in order to determine its fulfilment. Every contract should include the nature of the elements in order for it to be standard in formation. Such elements include offer, acceptance, consideration, capacity, intent and privity to contract. (Collins, 2008)
An offer is said to be such statement that comprises of terms so offered by the offeror for the purpose of presenting the contract. The offer is said to be the first step towards the contract as it initiates the contracting process. Every offer should move from the offeror and lead towards the offeree. The offeror should ensure that the offer so made to the offeree shall be clear in meaning and understanding in order for it to be clearly interpreted between the parties so involved. The offer should be clear and precise to make the best interpretation. Every offer should be made to a specific party or a group of people that would be party to the contract. A contract may be offered to one party in particular or the entire world all at once. Such contracts are known to be through offer to the world wherein the person being party to the contract becomes such through performance of a certain act determined in the offer. Every offer is not always accepted as it is by the parties. Sometimes the parties may provide an altered offer that may be known to be counter of the original offer. The counter offer, thereby, results in replacing the offeror as the offeree. Sometimes, the first step towards the contract is offer but the offer is originally derived from the intimation of the seller to the availability of the product. Such intimation is regarded as the invitation to offer whereby the offerors are invited to make their offers in order to go ahead with the concerning purchase of the product. Unless the final offer is concluded no contract is said to be existing between the parties. (Giliker, 2010)
CContract Segment Assignment Help | Contract Law Assignment Help
Every contract may or may not be accepted by the offeree. Every contract may conclude in two ways, rejection or acceptance. If the offer is rejected the contract is said to have not been formed between the parties. Thereby, the acceptance is important part towards the formation of the contract. The acceptance of the contract should move from the offeree and be clear in understanding. Under the case of offer to the world the intimation of acceptance is waived off by the party and the contract is entered into by performing a certain action as mentioned in the offer. The acceptance should be made in a manner that is acceptable under the law. Such acceptance may be either in person, through mail or telecommuting and such other means of communication as deemed fit under a contract. The acceptance shall be communicated directly and reach on time. The acceptance so made through a post is considered to be valid as soon as it is posted.
The intent to enter into the contract is an important part of the contract as it helps in determining the nature of the contract in order to establish the enforceability of the contract. The intent helps in determining the extent that it can be established under the law. The contract’s existence under the law is completely dependent on the factor that its intent is determined. The intent may be of two types, that is, commercial or social. The contracts so established for the purpose of the commercial nature then the same may be enforceable under the law without any such mention. The contracts so established under the social regards such contract require the determination of the fact that the same are to be enforceable otherwise the same cannot be applicable under the law. Thereby, the intent to enter into the contract determines the enforceability under the contract.
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