To do this they must establish whether an offer has been made or whether it was simply an invitation to treat. A contract exist when an offer is proposed to a party and is accepted. A contract is formed when there is a meeting of minds. Must be made in response to an offer like in R v Clarke and correspond with the offer. The plaintiff in preparing a cleaned up version of the contract inserted a different tonnage of wheat to be supplied to 2, instead of the initial agreed
In common English law, there are 3 essential points in order to create a contract, which is, the agreement, contractual intention, and consideration in both parties. The defendant, believing his offer to have been rejected by the plaintiff, sold the wool to another buyer. A contract is a legally enforceable agreement which the courts will enforce and it is between two or more legally distinct parties which is called a Bilateral Agreement, e.
However, there is an exception rule to this where documents under seal deeds do not require consideration for there to be a binding contract. A contract is formed when there is a meeting of minds.
In fact, an acceptance can be in writing or oral. It is inborn for any agreement that all the parties must agree to a common goal. Therefore, it appears that even though Muchimba Company Limited had laid down a condition, yet they implied accepted the offer though counter offered by including different terms.
It deals with understanding and enforcement of written agreement between two different parties. The courts have regard to three facts: - The period during which the restriction purports to apply. In other words, the consent for each of the parties to a contract must be genuine. In addition, there was a mutual consent between the parties that prove that a contract for the purchase of the automobile exists between Jim, Laura, and Stan since the buyers agreed to pay the down payment which was then accepted by the seller. To be legally competent to enter into contract one must be of the age of majority should not be minor , having sound mind and has not been disqualified by any law.
For this reason, a contract hardly comes into existence unless the parties have an intention to enter into a legal relationship and be bound by it legally. This is due to the fact that both parties are not minors and therefore have the legal capacity to enter into any contract Kronman,
The statement or proposal is usually made on certain terms and often follows a process of negotiation. There are various elements of a contract that must be met for any contract to be legally binding between the parties involved. A deed made by two or more parties is called an indenture. Therefore, analyzing the conduct of both parties in the case, one is left to conclude that Buchiclan Investments Ltd had intended to make the contract legally binding by way of responding in writing as indicated in the letter of acceptance from Muchimba Company Ltd though it bore the wrong address. A new buyer turned up and a contract was concluded, the defendant writing to the first buyer to withdraw the offer.