A Case Study of the Law of Contract

Topic

A case study of the Law of Contract

Instructions

Did Donna and Cam create a binding contract for the purchase of the software?

Are Harvey and Louis contractually bound to pay the delay fee to Flash Fort?

Are Donna, Harvey and Louis required to pay the extra $220 for the carpet cleaning?

Cases

Carlill v Carbolic Smoke Ball Co, (1892) EWCA Civ 1

Causer v Browne (1952) VLR 1

Curtis v Chemical Cleaning and Dyeing Co (1951)1KB 805

Interfoto Picture Library Ltd v Stiletto Visual Programs Ltd (1989)2QB 433

L’Estrange v. F Graucob Ltd (1934) 2 KB 394

Oceanic Sun Line Special Shipping Co Inc v Fay (1988) 165 CLR 197

Taylor v Caldwell [1863] EWHC QB J1

Thornton v shoe Lane Parking Ltd (1971) 2QB 163

Toll (FGCT) v Alphapharm Pty Limited (2004)219 CLR 165.

Answer preview

A contract refers to a set of guarantees that are lawfully enforceable, and in case such a promise is breached then the law permits the injured individual to the agreement to receive a legal remedy. The law of contract governs and acknowledges the rights and duties that arise from any form of contract, which may be oral or written. Nonetheless, for a contract to be created there are several aspects that need to fulfill. First,  an offer must be presented, which is an explicit declaration of the offeror’s willingness to be  bound in  the instance, where specific circumstances are met, as was decided in the case of Carlill v Carbolic Smoke Ball Co, (1892) EWCA Civ 1.  Secondly, there must be acceptance, of the offer that is presented.

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