Contract Law

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CONTRACT LAW

Contract Law & Exclusion Clauses



Contract Law & Exclusion Clauses

Joe's claim for the suit and damage to his sofa

Joe has right to claim because Bill cheated with him as he promise for providing 100% wool but he give him 95% wool with a low quality trouser from which dyes come out and make a stain on his white sofa.

Alex's claim for damage caused by the socks

Alex has right to claim for damage caused by the socks because Bill sell him socks which are chemically dyed and cause harm to his friends skin.

Alex's friends' claims for their injuries caused by the socks

They can claim because selling of socks which are chemically dyed is a crime.

Are there any exclusions clauses that may affect Bill's contracts?

As Bill, getting fed up with all the complaints about the suits not being 100% wool, as promised by the manufacturer “FabUlus Suits Limited”, it could be possible that manufacturer cheated him.

Does Bill have a claim against the manufacturer FabUlus Suits Limited?

If he is fair then he has to claim against the manufacturer FabUlus Suits Limited.

FabUlus Suits Ltd's case against Bill.

As they points out that Bill had agreed to buy 100 suits of varying quality and size and he had also agreed to accept that the manufacturer could select which suits to deliver.

1(a): Key elements that must exist in a valid contract

* The Elements of a Contract

* Oral Contracts

A contract intends to formalize an agreement between two or more parties, in relation to a particular subject. Contracts can cover an extremely broad range of matters, including the sale of goods or real property, the terms of employment or of an independent contractor relationship, the settlement of a dispute, and ownership of intellectual property developed as part of a work for hire.

The Elements of a Contract

Typically, in order to be enforceable, a contract must involve the following elements:

A "Meeting of the Minds" (Mutual Consent)

The parties to the contract have a mutual understanding of what the contract covers. For example, in a contract for the sale of a "mustang", the buyer thinks he will obtain a car and the seller believes he is contracting to sell a horse, there is no meeting of the minds and the contract will likely be held unenforceable.

Offer and Acceptance

The contract involves an offer (or more than one offer) to another party, who accepts the offer. For example, in a contract for the sale of clothes, the seller may offer the clothes to the buyer for £100.00. The buyer's acceptance of that offer is a necessary part of creating a binding contract for the sale of the clothes.

Please note that a counter-offer is not an acceptance, and will typically be treated as a rejection of the offer. For example, if the buyer counter-offers to purchase the second hand clothes for £60.00, that typically counts as a rejection of the original offer for sale. If the seller accepts the counter-offer, a contract may be completed. However, if the seller rejects the counter-offer, the ...
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