offer, acceptance, and consideration will not guarantee a legally enforceable contract”. Discuss. A contract is an agreement which normally consists of an 'offer ' and an 'acceptance ' and involves the 'meeting of the minds ' or consensus between two or more parties with the intention to create a legally enforceable binding contract. Therefore in this essay, the four core elements needed for the formation of a contract Oct 08, · According to the law of contract, any agreement is legally binding and enforceable at law if there are an offer and an acceptance between the parties involved. Moreover, even though the contract for the purchase of the automobile was oral, it is still legally binding and enforceable at law since it was implied in fact (Smith & Atiyah, ) Contract law: option contract Anyone got 70% or more in an LLB Law essay? how to write good law essays What do you do in a law degree? Law Essay writers Law Advice i need a help to write a essay Contract law answer structure
The Contract Law: [Essay Example], words GradesFixer
The following California Bar Exam questions are reprinted with permission of the California Bar Examiners. The accompanying exam answers are written by Bar None Review. Use of these answers is for your personal bar review preparation and law school study only. The exam answers may not be reprinted or republished in any form without express written permission. Art and Betty own adjoining farms in County, an area, where all agriculture requires irrigation.
Art bought a well-drilling rig and drilled a foot well from which he drew drinking water. Betty needed no additional irrigation water, but in Januaryshe asked Art on what terms he would drill a well near her house to supply better tasting drinking water than the County water she has been using for years.
Art said that he would drill to a maximum depth of feet, which is the deepest his rig could reach. Art started to drill on May 1. He had reached a depth of feet on May 10 when his drill struck rock and broke, plugging the hole. The accident was unavoidable, how to write a contract law essay. Art said he would not charge Betty for drilling the useless hole, but he would have to start a new well close by, and could not promise its completion before July 1.
He completed drilling and struck water at feet on October These terms suffice to form a contract. The contract did not have to be in writing, how to write a contract law essay. A writing to evidence a contract is required by the statute of frauds when land is transferred, but not for services to be performed, as here. Thus A may be liable, if his performance was not excused.
Under the doctrine of impossibility of performance, however, performance is excused only if performance would not be possible by anyone: an how to write a contract law essay standard applies. The doctrine of commercial impracticability would similarly be of no avail to A to excuse performance.
First, the doctrine is available in commercial settings: A had never drilled a well before, and B wanted the water how to write a contract law essay drinking although also for her farm. The impracticability doctrine also requires that performance would be so economically burdensome that it would be wasteful for the obligations to be performed. If A breached the contract by anticipatory repudiation, B could legitimately go to Carlos for completion.
This expression of doubt could not alter his obligation to perform by July 1, and he was not insisting that B modify their contract, since Betty refused how to write a contract law essay let him start another well.
B had to wait until July 1 to see if he breached. Because A was willing to continue his performance, B was still bound by the contract: her performance was not excused. Because A never dilled before and B was talking about drinking water rather than crops, such damages should probably be found not how to write a contract law essay have been within the reasonable expectations of A and B when they entered into the contract.
It is fairly clear from the facts given that an effective contract has been formed so as to bind the parties. Betty asked Art to how to write a contract law essay a well; Art laid out price and the maximum depth to which he could drill.
Then Betty asked for a guaranteed completion date and Art agreed, asking for an advance. Betty paid the advance — thus manifesting her intent to be bound by all of the terms of the parties. Sufficient consideration is present since both parties incurred a legal detriment. The real how to write a contract law essay in this case involves the terms of performance and attempt at performing by Art. By the terms of the agreement, upon receipt of his advance, Art was to commence drilling a well for Betty up to a depth of feet.
He was to complete performance by June 1. Any balance was payable on completion. Art began performance and at feet of depth he hit rock and his drill bit broke. The facts state that the accident was unavoidable. This raises the doctrine of impossibility. A performance under a contract is excused if the performance becomes objectively impossible, if no one in the world could complete the performance.
From the facts given, it appears that drilling a well at this exact site is objectively impossible since the broken drill was unavoidable. Betty may claim that this does not render the performance impossible since Art could move and drill on a different site. The problem, though, is that Art cannot complete a new drill hole until July 1, a month after the deadline in the old contract.
Art will argue that the broken drill is a temporary impossibility and thus he should be allowed to continue his work. The modern trend among courts and under the U. Either under this doctrine or the doctrine of temporary impossibility, absent a showing of time being a crucial element of the contract, how to write a contract law essay, Art would be given an opportunity to reasonably complete his performance.
It must, of course, be determined whether or not time is truly of the essence to Betty. Betty may also try to show that Art had assumed the risk of not being able to complete performance at a given site. This would be especially helpful to Betty if she can show that Art picked the site to how to write a contract law essay. If Betty picked the site, she may have assumed the risk of impossibility.
If the court finds that Art assumed the risk, which is common in building contracts, then it must once again determine if this breach of the time element is a material one or not. The original agreement guarantees a June 1 completion, but the well is only for drinking as per the January conversation, which is admissible here since there is no written agreement by which to trigger the parole evidence rule.
There are no facts that support the need for a June 1 completion. It is likely that the courts would not stringently enforce this June 1 completion date. If it is determined that there has been no material breach, either by the doctrine of temporary impossibility, or the finding of non-material breach due to non-importance of the date, then Art has a right to go and complete performance. It is an implied-in-fact condition, however, that he have access to the land on which he is to drill.
Betty has refused to let Art begin performance again. Her prevention of satisfaction of the implied-in-fact condition will excuse Art from any further performance. It will effectively put Betty in breach.
Betty would probably claim her loss as a result of the crop failure. This is an incidental damage. Damages in contract must be caused by the breach, must be foreseeable as per Hadley v. Baxendale, certain and unavoidable. Although the damages here may be certain and unavoidable, there are serious problems with causation and foreseeability. The greater problem is foreseeability. Under Hadley, contract damages must be those that a reasonable person would foresee or those damages that would be foreseen by communication by the innocent party to the breaching party.
There is no way to have foreseen that the County dam would fail, leaving Betty with no irrigation water. More important, Betty told Art that the water was for drinking, so he was not on notice of any special facts: quite to the contrary since Betty specifically said the well was for drinking water.
If Art did not materially breach the contract and Betty prevented his performance, then the court would excuse Art and try to rescind the contract.
This is the likely outcome. Maker manufactures printing presses. News, a publisher of a local newspaper, had decided to purchase new presses. Rep also drew rough plans of the alterations that would be required in the News pressroom to accommodate the new presses, how to write a contract law essay, including additional floor space and new electrical installations, and left the plans with Boss.
The offer contained provisions relating to the delivery schedule, warranties, and payment terms, but did not specify a particular mode of acceptance of the offer, how to write a contract law essay. Call me when you get back so we can discuss details, how to write a contract law essay. Boss next telephoned Pressco and rejected an outstanding offer by Pressco to sell presses to News similar to those offered by Maker. Using the rough plans drawn by Rep, Boss also directed that work begin on the necessary pressroom renovations.
By December 4, a wall had been demolished in the pressroom and a contract had been signed for the new electrical installations. On December 5, the President of the United States announced a ban on imports of foreign computerized heavy equipment. This removed from the American market a foreign manufacturer that had been the only competitor of Maker and Pressco, how to write a contract law essay.
The Uniform Commercial Code UCC governs contracts for the sale of goods. Here the presses are goods, so the UCC, taken from the common law of contracts, would govern this transaction.
The UCC has special rules applicable to merchants ; because Maker is in the business of selling and thus is in the business of buying printing presses, how to write a contract law essay, both are merchants, so the Special Merchant Rule, if applicable, would govern as well.
Was There an Offer and Acceptance? An offer is a manifestation by one party of a potential intent to contract. Those conversations appear instead to have involved mere sharing of information and expression of general intent. The offer did not specify the mode of acceptance so under the UCC it could be accepted by any reasonable means, including a telephone call.
The telephone call occurred a reasonable time after the offer in fact, immediately. However, under the UCC there is nothing inconsistent about unequivocal acceptance of an offer coupled with discussion of missing terms or even prepared for different terms. Makers sale contracts are agreed upon with details unspecified or to be how to write a contract law essay. Maker will also argue that the agreement failed to satisfy the Statute of Frauds.
The statute can be satisfied by a writing or certifying by the party to be charged reflecting the contract. Here, Maker made a written offer, signed by seller, its appointed representative, setting out the materials terms of the contract. The written, signed offer will itself probably satisfy the Statute of Frauds. Even if it does not, News took action in reliance on the contract that would satisfy the Statute of Frauds.
Here importantly, it began work to renovate its pressroom to accommodate the presses, including demolishing a wall and signing a contract for electrical work. Significantly, that renovation work was based on plans that Maker had given to News. The renovations are unambiguously attributable to this contract between News and Maker. Accordingly, the Statute of Frauds will be considered satisfied.
An offer cannot be revoked after it is accepted, or after the offeree takes action in reasonable reliance on the offer.
How to Ace a Contract Law Question
, time: 11:45Sample Bar Questions: Contracts Essay & Answers
Mar 18, · Contract Law Law Essays. The law essays below were written by students to help you with your own studies. If you are looking for help with your law essay then we offer a comprehensive writing service provided by fully qualified academics in your field of study The statute can be satisfied by a writing (or certifying) by the party to be charged reflecting the contract. Here, Maker made a written offer, signed by seller, its appointed representative, setting out the materials terms of the blogger.comted Reading Time: 8 mins Contract law: option contract Anyone got 70% or more in an LLB Law essay? how to write good law essays What do you do in a law degree? Law Essay writers Law Advice i need a help to write a essay Contract law answer structure
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