Elements of a Contract
Issue: The issue between the two parties is whether or not there was any breach of the law.
Law: The law states that a breach of contract is only identified in case one party does not abide by the terms presented or that it lacks any of the elements of a contract (Treitel, 2013). There are a number of elements that should be considered in order to determine whether or not a contract is void or not. One of the elements of contract law is that there should be an offer presented. The offer is the willing ness by one party to take party in a certain agreement. In this case, JB Low- Fi Pty Ltd had presented an offer whereby they were selling goods at a discounted price. Therefore Jo had the right to approach the company and inquire about the offer in order to agree or disagree with the terms being offered. The other element of contract law is witnessed in the scenario presented is the fact that that there was acceptance (McKendrick, 2016). It is important for both parties to agree in taking part in the agreement in order to the contract as legal. In this case, Jo had accepted the terms of the store’s owner whereby he was supposed to be supplied with a much more expensive Macbook Air which was supposed to be delivered within a week. The third element of contract law that is very important when entering into a contract is that of consideration (Lando & Bill, 2000). The element of consideration ensures that there is something of value that will be exchanged as a result of the products or services provided. This can be in form of money as it is in this case. The shop’s owner was supposed to make sure that Jo received his Macbook Air whereas he would receive $ 1300 in return. This was a decent consideration in relation to the product being provided therefore the same was qualified as an element of the contract. The other element that is clearly identified in the contract that was entered by the two parties is that of capacity (Ayres & Ayres, 2012). There are a number of factors that are determined in trying to understand whether an individual is capable of making a decision or not. Age is one of the factors that are considered in trying to understand whether the client is capable of entering into a contract or not. Children under the age of 18 years are not capable of entering into contracts. People with mental illness are capable of entering into contracts. In case a person as any mental illness, the next of kin should be able to enter into contacts on their behalf. It is also essential to understand that it is not possible to enter into contracts with people who are under the influence (Lando & Beale. 2000). Therefore, it is essential to understand that all contracts that are entered into by people who are drunk or compelled to do either by issuing a threat are termed as null and void.
Legal Issues and Applications of Contract Law
Application: The case that can be brought forward by the plaintiff is that of claiming that the shop owners had failed to fulfill their part of the agreement. It is important to understand that other than the change of law and an agreement between the parties involved in the agreement, it is essential that the agreement is fulfilled (O’Malley, 2000). In this case, the store owners had failed to perform their part of the contract and that it is important that a remedy is sort for the same. First of all before suing for the breach of contact there are a number of factors that are to be considered. One of the factors that are to be considered understands whether or not there was the existence of the contract. In this case, there was a contract that had been entered between the two parties. The management had agreed to sell Jo Macbook Air of which he was supposed to come pick after they had been supplied. However, Jo had presented a counter offer which the management had not responded to. Therefore in this case, the contract had not been terminated since both parties had not agreed to alter the terms that had been presented. The other factor that should be investigated is that whether or not there was a breach of contract by either of the party (Mulchany & Tilloston, 2004) . As it has been noted, Jo was never contacted in order to get the Macbook Air and yet by the time she went to get it the same had not been delivered. There are a number of remedies that Jo can request for. One of the remedies that he can be granted is that of specific performance7. The court can compel that management to provide the Macbook Air as agreed on earlier on. In this case, Jo would be able to receive the laptop as per the price agreed on earlier on. In one of the cases that this was applied was that of Falcke v Gray (1859)4Drew651)8. The other remedy that can be granted in this case is that of liquidation of damages. If there were any damages that occurred as a result of the management to deliver the Macbook Air jo can request to have the damages liquidified. This means that the very of the damage is determined and paid in form of cash.
Conclusion: In conclusion, there are a number of doctrines that are found within contract law therefore it is essential to ensure that all these doctrines are adhered to in respect to the law (Anson et al., 2010). In the case presented above there are a number of doctrines that have been identified. In this case, we can see that there was an attempt by Jo to offer a counter offer but the same did not mean that the earlier said contract had been terminated. The other doctrine of contract law that emerges from the issue is that of the remedies. (Beale et al., 2007). It is important to understand that when there is a breach of contract there are a number remedies that must be given to the plaintiff. In this case, the best remedy that the court can give to the plaintiff is that of specific performance. The remedy will compel the stores management to present the plaintiff with the Macbook Air as earlier agreed.
Liability for Damaged Property in Fitness Center
Issue: The issue at hand was whether or not there was any breach of contract by the management of the local fitness center.
Law: In this case, Jane had placed her belongings in the locker room whereby she had been promised that they were safe from damage. However, the receipt she had been offered indicated that all belongings were their owners care. However, after finishing their schedule she realized that her phone had been damaged. The issue was whether the fitness center’s management was liable for the damage or not. It is important to note in any case
there is a breach of contract the affected party must receive a remedy as per the agreement or court’s ruling (Kupelyants, 2012). One of the legal issues that may arise from the case is whether or not the agreement bond the management to compensate Jane for the damage.
Application: The law requires that all contracts should be written and that all parties should have signed to prove their participation. However, in some instances the law also recognizes verbal contracts. In this case, the problem is that Jane entered into different contracts both verbally and in writing (Hillman, 2013). Jane can argue that after the reading the instruction written on the receipt given she had verbally requested for clarification on the same issue. She was duly informed that her belongings in the locker were safe and there was no reason to panic on the same. In this case, the court would consider issuing a directive to the management to compensate Jane her phone. However, the management may come up with a defense stating that it had clearly indicated on the receipt and the notice board that it was not responsible for any of the clients’ property and that they should ensure that their goods are safe at all times.
Conclusion: It is essential to ensure that all contracts are that are entered are fully adhered to and in cases whereby they are breached the necessary laws are applied (Antonielli, 2005). In this case, we can see that the two parties entered into two different contracts that contradicted each other. Therefore it is essential to understand that Therefore it is essential to note that the later contract is the contract that should be able to be recognized since the first one should be termed as null and void. It is important to understand that one of the ways that a contract can be nullified is if both parties agree to do so.The two parties had agreed to state the previous agreement that had been entred into as null and void and the same should be able to be upheld. One cannot come to compel the other party to take part in a contract that they had earlier agreed to term as void. There in this case the verbal contract that was entered to by the two parties is to be upheld and adhered to in this case. This is because the same was a clarification of the previous written agreement that required clients to take care of their items while on the premises.
References
Treitel, G. H. (2003). The law of contract. Sweet & maxwell.
McKendrick, E. (2014). Contract law: text, cases, and materials. Oxford University Press (UK).
Poole, J. (2016). Textbook on contract law. Oxford University Press.
Lando, O., & Beale, H. (2000). Principles of European contract law. Kluwer Law International.
O’malley, P. (2000). Uncertain subjects: risks, liberalism and contract. Economy and society, 29(4), 460-484.
Mulcahy, L., & Tillotson, J. (2004). Contract law in perspective. Psychology Press.
Beale, H. G., Bishop, W. D., & Furmston, M. P. (2007). Contract. Oxford University Press.
Kupelyants, H. (2012). Specific Performance in the Draft Common Frame of Reference. UCLJLJ, 1, 15.
Hillman, R. (2013). Principles of Contract Law, 3d (Concise Hornbook Series). West Academic.
Antoniolli, L. (2005). Principles of European contract law and Italian law (Vol. 2). Kluwer Law International.
Ayres, I., & Ayres, I. (2012). Studies in Contract Law. Foundation Press.(Ayres & Ayres, 2012)
Anson, W. R., Beatson, J., Burrows, A. S., & Cartwright, J. (2010). Anson’s law of contract. Oxford University Press.
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