Table of Content
- Contract Law and the Blueprints of a Contract
- Court System in English Legal System and Related Court(s) Action to Pursue by the Parties
- Advise to Hilary and Related Parties
- Remedies Available to the Parties
This essay starts with a brief description of contract law and the blueprints of the contract law. A contract law needs several essential requirements to become legally enforceable. These elements are- a valid offer, meaningful consideration, acceptance of the parties, and legal procedures to make the contract legit. After this, a brief description of the English legal system is given. After this, an appropriate court to file cases for the parties from the three claims is discussed. Furthermore, the probable best matches for those three cases are identified, and those contracts are named. In the end, the possible remedies available for the parties of these three cases are discussed.
Contract Law and the Blueprints of a Contract
Contract law is a prior agreement between two or more parties before involving in any transactions. The parties can legally enforce this agreement to the court (Austen, 2017). If a party of the contract fails to perform according to the contract, the other party can knock down the deal.
Blueprints of a Contract
There are some essential requirements for a contract to make it legally enforceable and proper binding document. The criteria to be an appropriate contract are as follows;
Two or more parties cannot be involved in a deal without a reasonable offer. This offer needs to be presented by one of the parties, the offeror, to the other party. The other party will be the offeree in this contract. This offer can be two types, named as- bilateral offer and unilateral offer. The bilateral proposal involves the commitment of the offeror in return for the promise of the offeree.
On the other hand, a unilateral offer involves the offeror’s commitment to the offeree after a particular work or act is completed. The parties should clearly state a valid offer, has the motive to conduct business, and communicate between the parties about the request (Chalkidis et al., 2017). The offer will be terminated at the parties; a counteroffer is made against the present one and accepts the proposal after a specific time.
When the parties agree about the contract’s offers, they decide to initiate the proposal according to the terms and conditions. Mutual understanding and consent about the offer are essential here (Filatova, 2020). The offeree needs to communicate the offeror, and this needs to be focused on the request. Both parties need to create an effective communication channel, as well.
In every contract, there have to be some considerations that are firmly accepted by the parties. This consideration can be in the form of monetary or non-monetary benefits. It cannot be of past events. Each party needs to contribute to good reviews to make a valid contract.
The Legality of the Contract
For business purposes, a contract needs to be formed legally to perform the considerations properly. It ensures the trustworthy behavior of both parties. Again, social agreements between parties do not need to be in legal form.
Court System in English Legal System and Related Court(s) Action to Pursue by the Parties
The court system in the English Legal System is a diversified one. In every court, there exists two benches or stages- jurisdiction and appeal. Each of the courts covers specific areas of civil rights. The English court system can be divided into two parts-mainstream courts and other courts. The brief description of these courts are as follows;
County courts deal with small cases that occur within a particular county’s territory. In this court, the jurisdiction division deals with the individual contract, land-related issues, and people’s wills. This court mainly runs a single judge (Hanretty, 2020). On the other hand, the appeal division deals with the people’s final intentions and insolvency appeals.
High Court of Justice
The jurisdiction division of high court has three separate benches for contract and damage claims, family-related cases, and other business and intellectual property claims (Hanretty, 2020). The composition of the high court is from one to three judges that depend on necessity. The appeal division deals with the appeals from divisional and county courts.
Court of Appeal
Three justices run this court. The jurisdiction division deals with the cases from the county courts and the high court of justice. The appeal division handles the claims from the high court of justice and complies with the supreme court.
In the supreme court, there exists five justices to run a bench. In this court, cases of damages and claims that appealed from the lower courts are heard. The supreme court deals with some fast track cases and some multitrack cases.
On the other hand, magistrate courts mainly deal with criminal cases and family-related cases. A magistrate of the law runs it. The employment appeal tribunal deals with issues that are related to employment. People can file lawsuits here for their unfair termination of jobs, workplace discrimination. A judge from the high court and two to four industry expert people runs the court. European Court of Justice deals with the cases of institutions of its member countries. It also incorporates several laws and regulations. It runs by the senior judges from each of its members and an Advocate General. European Court for Human Rights is formed based on the Human Rights Act 1998 (Amos, 2017). Judges in the UK need to comply with the Human Rights Acts before making any human rights decisions.
For the first case, no loss is made for any parties. Eleanor does not accept Hilary’s offer. So, no one needs to go to court. In the second case, Amy canceled the request through fax before Hilary received the acceptance letter. In this case, Hilary can go for the county court, but she will not be succeeded as the fax is considered as a written document. For the last point, Olivia can file a lawsuit in the county court as Hilary breached the Unfair Contract Terms Act 1977 (Clarke, 2017). Olivia can win the case as Hilary did not specify any conditions in the sale notice.
Advise to Hilary and Related Parties
Hilary is the owner of a printing press. She also owns an office computer and a valuable artwork of Trumpeter. She intended to sell all those three items to three different parties. However, she faced some problems while trying to sell those items.
Hilary posted an advertisement in a specialized journal for trade to sell the printing press in the first case. This is a partial contract. In this contract, the offeror offers to engage in a deal with a valid offer and consideration. If the offeree accepts the review, then the contract is fulfilled. In this case, Hilary offered to sell the printing press at £15,000. However, Eleanor made a counteroffer to purchase it for £10,000. Hilary again offered to Eleanor to sell it at £13,000, which she could not conduct in case of an advertisement. After having no more reply, Hilary agreed to sell the press at £13,000. This time, Eleanor canceled the interest to buy the press.
In the second case, Hilary wrote an invitation to Amy for a contract. Hilary wrote the details of the agreement for selling the office computer for £1,000. At first, Amy agreed to consider the deal and posted an acceptance letter for the contract. This is primarily a valid contract as there exists a reasonable offer, acceptance of both parties, and consideration. However, Amy sent a fax to Hilary before she received the acceptance letter about her changed opinion. Fax is an electronic, written document that can terminate the contract. So, the deal is void at last and not binding.
In the third case, Hilary decided to sell a valuable painting of the famous artist Trumpeter. She posted a large notice outside of the art gallery about the exciting offer. This is a unilateral contract as the offeror preserves some specified action. In this contract, the offeror offers an open offer that includes some specific tasks to complete. In this contract, Hilary offered to sell a valuable painting on a first-come, first-serve basis. Olivia had waited outside to get the offer first before two days from the sale’s commencement day. She was the first to enter the gallery. Hilary canceled the request at the end. As per the Unfair Contract Terms Act 1977, Olivia can take action against Hilary for not selling the art to her due to the binding element of the contract. Hilary announced the offer as void when she saw Olivia as the first customer.
Remedies Available to the Parties
In two of the three scenarios, some incidents void the contracts. For instance, Hilary advertised in a journal to sell a printing press for £15,000. Eleanor offered to purchase at £10,000 while Hilary opposed at first. Later she agreed to sell it for £10,000. It is a partial contract. The offeror offers to engage in a deal with specific consideration. The offeree did not accept the asked concern. So, both the parties did not face any losses, and the offeror can offer it to the other one.
In the second case, Hilary proposes to Amy to sell an office computer for £1,000. Amy accepted the proposal, and it turns into a valid contract. Both parties agreed on the considerations. However, Amy changed her mind after posting the acceptance letter. She sent a fax before Hilary received the message to cancel the offer (Son, 2020). In this case, the offeror, Hilary, did not face any losses and can go for a new proposal to new persons to make the offer as a valid contract.
In the last scenario, Hilary posted a notice outside of her art gallery to sell Trumpeter’s valuable art. She also announced that this offer is valid for the customer, whoever came to the gallery on that day. However, she did not keep her word and refused to sell it to Olivia. Olivia did not face any loss or damage in this breach of a unilateral contract. Nevertheless, Olivia can contact an expert lawyer about the violation of this contract. Then she can file a case in the local county court for the offeror’s breach in offer conditions if necessary.
In this essay, the English legal system features’ learning outcome is analyzed based on three different scenarios. There are some suitable options to file a case against the parties’ breach of the contract in the English legal system. From the three other methods, the first one is a partial contract. There is no remedy for this contract as the offeree does not accept the offer in this type of agreement. The next one is a valid contract at first. But the offeree canceled the contract before the consideration was exchanged. So, there is also no remedies available for this agreement. In the last one, some treatments are available for the offeree as it is a unilateral contract, and the offeror breached a term of the offer.