The Law of Contract

A contract is an agreement between two or more parties to perform a service, provide a product or commit an act. For a contract to be enforceable there must be offer and acceptance, intension to create a legal relation, consideration and legal capacity. [u1] Falsification of documents or any undue influence renders a contract illegal and void. In the resent, I had a friend who is also a second hand motorbike dealer (O’Sullivan & Hilliard, 2016).  [u2] I approached him with the intention to acquire a motor bike, which he agreed to. The contract was to run for six months. I was required to pay a deposit and balance to be settled in the next six months. However, before I made the initial payment, my friend decided not to sell the motor bike to me without reasons. I had to contend with his decision and move on.

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Several months later, I had a chance to read some legal materials on the law of contract and realized that our contract was unenforceable.[u3]  I realized there was no legal commitment to the contract and either party could change their mind and withdraw from the agreement (Robertson, 2016). I also realized that there was no legal intention in our agreement to create a relation, this in itself means there was no enforceable contract.

In summary, for a contract to be enforceable, there must be offer and acceptance, intention to create a legal obligation and consideration. In our agreement, my friend refused to sell the motorbike to me because he there was no commitment to the contract and any one could change minds and withdraw from the agreement. There was no legal intension to create binding a relation[u4] .

Reference

O’Sullivan, J., & Hilliard, J. (2016). The law of contract. Oxford University Press.

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Robertson, A. (2016). The limits of interpretation in the law of contract. Victoria U. Wellington L. Rev.47, 191.


 [u1]This is where your citation should be!This is a fact, not opinion.

 [u2]Totally wrong place to place a citation. This is not a fact.

 [u3]This is not an analytical but narrative topic sentence. I expected sentences like: the above contract was unenforceable due to various reasons or simply, the above contract is unenforceable. This should be your largest paragraph explaining in detail why the above position you’ve taken is justified.

 [u4]In one page papers, there is normally no need for a conclusion. Even when included, should be as little as two  to three lines. The body paragraphs should be the largest portion. Spend more time there. This paper needed to be only two paragraphs, your scenario and the analysis. You did well to fuse your introduction with the scenario, and you should’ve done the same with the conclusion.

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