Law Essay

Law Essay 1

LAW ESSAY

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Law Essay 2

Law Essay

Someone steals Bob’s bike. He offers to give the reward to anyone that finds it. The

reward should not be after the first if December. The legal issue here is whether Jim can indeed

claim the prize. There is also another legal issue here that arises, is Bob's promise a contract; or

is it merely an invitation to treat. Is there a legal obligation by Bob to Jim? The legal principle in

contract law is that, for there to be a contract there must be some things that must be present. The

legal principle is from the statute in England known as the Law of Contract Act. In part two of

the subsection three and four talks about the essentials of a valid contract. They include the

following: At first, there must be an offer by the first party. It follows an acceptance or a counter

offer (Furmston, Cheshire and Fifoot 2012, p.42).

The party giving an offer must communicate it. Lack of communication proves there is no

contract. The counter offer invalidates the first offer if the other party accepts it. A contract must

be legally enforceable by law. It is this factor that distinguishes a contract from an invitation to

treat. Part two subsection nine clearly identifies the difference between the two. The report does

not give bring up a contractual obligation. The case law that correctly illustrates this is the case

of Balfour vs. Balfour (1919)2 K.B 571, whereby the court regarded the agreement as an

invitation to treat. The second legal issue is that, time lapse (Furmston, Cheshire and Fifoot

2012, p.42).

Part five, subsection forty-six explains the essentiality of time in a contract. Time lapse is a

core concept that, when an offeror outlines it, and the offeree does not give a counter offer, the

time limit binds the offeree. It is to mean upon the expiry of time; the contract can no longer be

enforceable. It does not count how many people accept a deal as long as, the contract is

Law Essay 3

enforceable by law. Thus the contract has come into existence when the sending of the letter; is

done before the time lapse (Furmston, Cheshire and Fifoot 2012, p.50).

In the case of Bob and his bike; it qualifies to be a contract. It is because it has all the

components that make up a contract as per section two of the act. Those are the presence of an

offerer and offeree, the modes of acceptance through in this case it was express since Jim finds

the bike; then he proceeds to claim his reward. It is also legally acceptable since both parties

have got the capacity to contract. Through this, the law binds Bob to give the price to whoever

brings the bike and claims the reward before first December (Furmston, Cheshire and Fifoot

2012, p.42).

Jim indeed finds the bike on the thirtieth of November, and after communication from his

wife he claims the reward before the date; though Bob receives it on the second (Furmston,

Cheshire and Fifoot 2012, p.50).It does not matter when he receives the letter since it is evident

that the letter dates before first December. Jim has a legal right to claim the reward. Bob was

withdrawing the offer; when there is no claim. A claim is a form of acceptance of the offer.

However, it is unlawful to remove the reward after Jim sends the application (Furmston,

Cheshire and Fifoot 2012, p.42).

He claims the award on the last day of November. It, therefore, gives him an entitlement to

claim the prize. On the other hand, Bob has a legal obligation to gift Jim. The doctrine of the

postal rule states that acceptance is present; the moment posting takes place, in Adam vs.

Lindsell (1818) 106 ER 250. Thus there is a valid contract, Bob’s attempts to claim lapse of time

are unlawful. Thus Jim may request the gift through a court of law if Bob ultimately refuses. The

aspect communicating an offer shows an intention to create a legal covenant. The concept is well

Law Essay 4

in illustration in the case of Kolodziej vs. Mason 774 F.3d 736 (11th Cir. 201. A lawyer brings

up a challenge; a student takes up the challenge; though the advocate insists there was no

contract; the student insists that there was no deal. The court decides in favour of the lawyer,

saying that his statement is merely an invitation to treat. In this case, the judges distinguish the

difference between a contract and an invitation to treat (Furmston, Cheshire and Fifoot 2012,

p.74).

Bob promises his gardener Greg his old car. The issue that arises here is because Bob later

changes his mind and refuses to give Greg his car. Thus from this, the argument is whether what

Bob says to Greg is a contract or just a mere promise. The law of contract act part two subsection

nine distinguishes the difference between the two. It goes ahead to explain the importance of a

money consideration. For a contract to exist between two people or more there needs to be a

consideration. It does not necessarily mean money but an exchange of anything, for an

agreement to qualify as a contract. The case of Chappell and Company vs. Nestle (1960) AC @

87; the house of lords say that; the three wrappers that Nestle offers is a real consideration; even

it has little direct value (Furmston, Cheshire, and Fifoot 2012, p.98).

The legal rule is that when parties enter into an agreement, then in the midst of it; one of

the parties promises an additional benefit. The promise is not binding to the one making it, and

neither can the other party claim consideration. The case of Eastword vs. Kenyort (1840) 11

A&E A38; the courts decides that; when the husband promises to pay educational loan after

marriage; was just a promise that was not legally binding. The exception to this rule is as per

section two, subsection nine of the statute. It states that when a promise affects another

negatively then the court will regard the promise as a contract. The case of De La Bere vs.

Pearson (1908) 1KB 280; the defendant suffers financial loss after following certain instructions;

Law Essay 5

which there was a promise that the instructions would work. The court rules in his favour

(Furmston, Cheshire and Fifoot 2012, p.243).

In Greg's situation; at first, he is an employee to Bob. Working with Bob for a long time as

gardener gives rise to an employment contract. In addition to that, he promises Greg a car, as a

result, or being a good worker. The contract here is that of employment. The promise of a car

comes after the deal; as an extra value adding to the consideration. Giving the car to Greg does

not require any form of money from him. It shows that indeed there is no contract between the

two since money is an essential factor; that brings rise to a contract. The case of Carie vs. Misa

(1875) LR 10 Ex 153; whereby the court rules that; there was a deal between the two; due to the

presence of consideration (Furmston, Cheshire and Fifoot 2012, p.102).

The act states the modes of creation of a contract. Formation of contracts can be express or

implication. From the words that Bob gives, he has no intention to create a contract expressively.

Thus his purpose, not to create a contract; is express from his words. Therefore his employee

cannot then go ahead and claim that his intention is not for the creation of a contract. An

intention has to be clear. If the desire is not clear, courts of law seek to interpret the intention of

the individual who makes a promise (Furmston, Cheshire and Fifoot 2012, p.161).

However, this case the gardener sells his car with anticipation of getting another. He may

not use the general rule that a promise is a small gift; neither can he involve the consideration

part nor the express form of contracting. Instead, his argument will be the exception. As much as

his employer does not want to create a contract; failure to fulfill his promise will injure Greg

financially; because he sells his car due to the pledge. Therefore, basing the argument on the

exception; Bob's commitment to his gardener is a contract, and Greg may insist on having the

Law Essay 6

car. The promise was foreseeable and reasonable that indeed his employer would give him the

car. It is according to case previously of; De La Bere vs. Pearson (1908) 1KB 280 (Furmston,

Cheshire and Fifoot 2012, p.243)

Cheshire in his book states that the making of a contract can be by word of mouth or in

writing. It may take the implying form. All these are methods of making contracts. However, for

proof and performance purposes, it is advisable to express the desire to establish an agreement,

In the way of writing. It does not mean that contracts by word of mouth are not enforceable.

They are legal though difficult to enforce and perform legally. They are legal as long as they are

reasonable, made in good faith and the right state of mind. The Statute of Frauds illustrates this

(Furmston, Cheshire and Fifoot 2012, p.161).

An oral contract has the same ingredients that form contracts. According to the law, some

contracts must be in writing. In that category is a land that one needs to lease for more than a

year. Such contracts may not be void, but the law considers them as voidable. It is to mean that it

as though they did not happen; they do not exist. The law warns against making agreements in

words even though; it does not say they are not legally binding (Furmston, Cheshire and Fifoot

2012, p.161).

Arrangements made by word of mouth become difficult to perform. In the case of the land

Bob wants to lease for years, he is under no obligation to deliver what he says. The principle that

leases for more than year must be in writing; applies fully in this scenario. When the owner of

the flat was making the contract, he needs to have the knowledge of such legal rules. It here that

the principle of ignorance is no defence applies. Suppose Bob pays for the lease, without putting

Law Essay 7

the agreement in writing? The law of contract regards the contract as though it was not there

(Furmston, Cheshire and Fifoot 2012, p.161).

In the United Kingdom from the year, sixteen seventy-seven the English law introduces

the Statues of Frauds. The statute is still in operation to date. The bill contains through rules

about contracts; from the formation to performance and remedies for a contract breach. South

Carolina and New York call it the Uniform Commercial Codes. In the case of Tinn vs. Hoffman

& Company (1893) 29 L.T 271; the plaintiff was claiming the non performance of a contract.

However, he was unable to show the existence of an agreement; thus the court rules that there

was no contract (Furmston, Cheshire and Fifoot 2012, p.161).

The statute illustrates some rules, concerning leases. They are contracts between landlords

and tenants. There always conflicts that arise landlord and tenants. Thus both parties have to

safeguard their rights. It is the reason that contributes to the making it a must for leases; more

than a year to be in writing. It is mandatory that the contract is in writing. When a tenant lives in

someone's house, it means that; that he consents to some regulations. For example paying rent in

full amount and at the right time. For the purpose of fulfilling terms of the agreement, it must be

dotted down. It impossible to ensure adherence to the rules; when the contract is orally made

(Furmston, Cheshire and Fifoot 2012, p.198).

Cheshire, the scholar on contract law, states that no matter the form of contract; small or

big; to be on the safe side; both parties should have a copy of the contract. He goes ahead to state

that in leases, compensation for a contract done by mouth is almost impossible. How does even

one go ahead and claim fraud on such an incident? There were a series of frauds in England in

Law Essay 8

sixteen hundred; including land fraud. The Kings then came up with the Statues of Frauds; to

reduce fraud (Furmston, Cheshire and Fifoot 2012, p.237).

Floyd and Bob have a contract, where they agree that he builds Bob a garage. After

completing the garage, he would pay him seventeen hundred Euros. Bob refuses to pay him

because of the fault in the gutter; it retains water. In the act, there are various principles through

which parties can discharge a contract. Section five subsection thirty-seven to forty-one;

illustrates how to fulfil a contract. The rule applicable here; is release a contract by performance.

Performance means when parties of an agreement meet the obligations. The obligations must be

similar to those that the parties agree on when forming the contract. The obligations must not be

outside the contract. The time of completing is an essential factor and should be in agreement

with the contract. It is according to section five, subsection forty-six to fifty (Furmston, Cheshire

and Fifoot 2012, p.665).

When one party does his part of the deal as the agreement stipulates; then his act of

completion discharges him from any other obligations. Suppose the party does his work perfectly

and requires consideration, but the another party denies him, subsection thirty-eight. He has a

legal right to seek intervention by the court. It is because the other party is guilty of a breach.

The case of Donoghue vs. Stevenson (1966) 2 WLR 28, the court decides that; the defendant

fails to do his part of the contract; which ensuring goods are fit for human consumption.

Performance is usually the most common form of discharging contracts. Consequently, to

illustrate further is the case of Morgan vs. Russell (1909), KB 357, whereby the plaintiff refuses

to pay; since the defendant delivers a low quality of nuts that were smelly. The court rules in his

favor (Furmston, Cheshire and Fifoot 2012, p.665).

Law Essay 9

In this scenario the terms of the agreement between the two was that; payment would only

be if the party completes the building of the garage. Floyd claims that the construction of the

garage is complete. However, the gutter still retains rainwater. In building the drain should not in

any form retain water. Instead, the flow of rainwater should be continuous. On the other, the

owner of the garage realizes this problem, around the same time of completion. It shows he sees

that the gutter retains water at around the similar that the builder claims; to finish the building

(Furmston, Cheshire and Fifoot 2012, p.667).

The retention shows that the construction of the garage was not complete. Another thing is

that the employer notices the fault before he could pay Floyd. The performance by Floyd is not

actual but partial. It is because he does not meet the terms of their contract. It is with his full

performance that another party has an obligation to give him his consideration. Thus failure to

complete his part of a contract, he cannot release himself. He also cannot sue the other person;

since his inability to discharge himself by actual performance; cannot release the other party

from his binding obligation. It happens so because the contract clearly indicates full payment on

completion (Furmston, Cheshire and Fifoot 2012, p.670).

Conclusion

Thus if he wants full payment, he has to complete his side of the contract. However

according to the renown scholar law of contract, he, a builder may receive part of the

consideration. It requires calculation of the total amount he was working for excluding the work

he did not complete (Furmston, Cheshire and Fifoot 2012, p.668). Most importantly Floyd

cannot receive the full amount of Euros. It is crucial to take note of the time Bob says that the

gutter is faulty. It was not faulty due to Bob's rude behaviour but; was as a result of Floyd not

Law Essay 10

completing the task. The scholar moves on to say that non-completion; is a form of contract

breach; through which the injuring party requires compensation (Furmston, Cheshire and Fifoot

2012, p.669).An example of a statute that illustrates; consideration to a party that does not

complete his part of the contract is; the same Statutes of Frauds. It originates from English law

(Furmston, Cheshire and Fifoot 2012, p.237).

Law Essay 11

Reference

Furmston, M.P., Cheshire, G.C. and Fifoot, C.H.S., 2012. Cheshire, Fifoot and Furmston's law

of contract. Oxford University Press.

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