The law of contract

Document Type:Thesis

Subject Area:Management

Document 1

The law of contract has formed the ideal foundations or conditions that have to be available to make a contract which can be enforced by the law. 1The law of contract stipulates that for any agreement to be made and become legal, there has to be an offer and there must be acceptance of the offer by the second party. However, the offer should be valid and can be made through word-of-mouth, through written documentation by way of conduct or action. No matter the type and manner of the offer, what is the most important aspects of a contract is offeree's willingness or intention. At the first place, Mabel did not show any willingness or intention when he invited Jaime to play the piano.

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Denicola, Robert.  Law of Contracts. Jones & Bartlett Learning, 2004. However, this does not constitute a contract but judges in the court of law can judge on the favor of Jaime just like the Re Casey's Patent incidence. Here, the claimant had offered services to the defendant but initially, there was no agreement that the claimant would have been paid. It is therefore evident that the promise of Mabel to pay Jaime £200 is enforceable since Jamie promoted the patent of Mabel. 2 A contract is varied when there is an understanding of the remuneration even if it is indirect and also the services offered promote the patent of the customer DiMatteo, Larry, Qi Zhou, Saintier, and Rowley. Part B When a contract is made and an offer is made and the second party accepts the offer, a contractual intention has to exist.

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However, during the process of making a contract between various parties, there might mistakes that can occur. 3In that view, the court has to carry out a determination test to find out what the parties involved wanted or agreed in the process of making the contract which is widely referred to as "a meeting of the minds". They realize that the school color was supposed to be sky blue but not navy blue. They then decide to contact the suppliers and request for termination of the contract or the supplier to exchange the socks with the sky blue ones. The suppliers argue that they cannot exchange the goods since it would cost them extra cost. The customers them decide to seek legal redress on the case.

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In such a case, the court has to make an objective test. However, there are some exceptions where the court can agree that there is a "meeting of mind" even if there were mistakes while agreeing on the contract. 4These exceptions include a situation whereby a party knew that the other person had committed mistakes or the supplier caused the customers to commit the mistake. When this happens, the contract can be legally terminated. 4 There are conditions that the court considers when deciding of ‘a meeting of minds'. They include the instance where the supplier new the customers had made a mistake but never informed him/her and when the supplier contributed to the mistake. 4Stone, Richard.  The Modern Law of Contract.

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