BUSINESS LAW
Question 1:
What is a
contract and what are its essential element?
Answer:
A contract is an agreement made between two or more persons
which the law will enforce, in other words, a contract is set of promises
between two or more persons, which the law will enforce. What distinguishes a contract from other forms of agreement is the element
enforceability. This means that if a party fails to honour or discharge his
promise, the other party may take action to enforce it in the law court.
The elements of a contract are offer, acceptance,
consideration and the intention to create legal relations, unless all the
elements are present, there is no contract in law. The elements will be considered one after the
other.
Offer: - An offer is a proposition made by
one part (Offeror) to another (Offeree) indicating his willingness to be
contractual bound on certain terms provided that those terms are accented by
that other party. An offer may be made expressly or implied from the conduct of
a party, it may also be made to a particular person or to the public at
large. An offer was made to the public
at large in Carlill v. Cabolic Smoke
Ball Co.
Acceptance: For a contact to exist, the offeree must
accept all the terms of the offer without equivocation, qualification or
addition. An acceptance is the final
expression of assent to the terms of an offer. Any qualification, modification
or addition to the terms of the offer will amount to counter offer which
destroys the original offer. In Hyde v.
Wrench, the defendant offered to sell an estate to the plaintiff for $1000 and
the plaintiff accepted to pay $950. It was held that the plaintiff had rejected
the original offer and that there was no longer any offer for him to accept.