CONTRACT LAW
CONTRACT LAW
Definition of a Contract
A contract is a written or spoken agreement that is intended to be enforceable by law.
Governs the legality of agreements between two or more parties with an intent to exchange.
Common examples include bills of sale, purchase orders, and employment agreements.
Contracts are enforceable even if made orally, provided obligations are created.
Formalities of a Contract
For a contract to be valid, it must contain:
Offer
Acceptance
Consideration
Intention to create legal relations
Offer
An offer is an expression of willingness to contract that is binding once accepted.
Offers can be targeted at individuals, groups, or the public.
Can be made in writing, verbally, or by conduct, as long as the terms are clear.
Types of Offer
Unilateral Offer:
One-sided offers, often seen in advertisements.
Example: Advertisement offering a reward.
Bilateral Offer:
Most common form where two parties make promises to each other.
Example: Negotiated sales, such as selling a car or house.
Offer vs. Invitation to Treat
An invitation to treat is not an offer but a preliminary indication to enter negotiations.
It invites the other party to make an offer that can be accepted.
Examples
Displaying goods in a shop is an invitation to treat; a customer making an offer to buy is an example of acceptance (Fisher v. Bell).
Advertisements
Advertisements can be classified as offers or invitations to treat depending on their nature.
Bilateral Advertisements:
Lead to negotiations and deals, often scrutinized like real estate sales.
Unilateral Advertisements:
A type of offer, as seen in examples like Carlill v. Carbolic Smoke Ball Company.
Tickets and Auctions
Tickets serve as contracts; requesting a ticket is an offer, and issuing it is acceptance.
Auction bids are considered offers for acceptance by the auctioneer (Payne v. Cave).
Duration and Termination of an Offer
Revocation: An offer may be revoked anytime before acceptance.
Rejection: Rejected offers cannot later be accepted.
Lapse of Time: An offer expires if the time limit is reached.
Death: The offer's viability may depend on whether it is personal to the offeror.
Acceptance
Acceptance is the final and unqualified agreement to the offer, essential for contract formation.
Acceptance by Conduct
In bilateral contracts, it can be verbal or written; in unilateral, it is often through action (e.g., completing an act).
Communication of Acceptance
Acceptance must be communicated unless there are exceptions (e.g., postal rule).
Consideration
Contracts require consideration, meaning both parties must give or do something of value.
Types of Consideration:
Executory: Future promises in bilateral contracts.
Executed: In unilateral contracts, consideration is completed upon an act.
Principles of Consideration
Must move from the promisee; need not move to the promisor.
Past consideration is not valid.
Sufficient consideration is necessary, but need not be equal in value.
Intention to Create Legal Relations
Parties must intend for their agreement to be legally binding; commercial agreements carry a presumption of this intention.
Domestic and Social Agreements
Generally not legally binding unless intended to be so (e.g., family agreements).
Ways a Contract Can End
Frustration: Unexpected events that hinder contract performance.
Termination: Various reasons, including performance, breach, impossibility, and death.
Vitiation: Factors like misrepresentation, mistake, duress, and illegality can void contracts.
Expiration: Contracts for a fixed term end when the term concludes.