Thursday, September 26, 2019
Aspects of Contract and Negligence for Business in United Kingdom Essay
Aspects of Contract and Negligence for Business in United Kingdom - Essay Example An offer is an expression of willingness to have a contract under specified sets of terms and conditions. This is made by an offeror and the focus here is that in case the offer is accepted, then the offeror is bound by the contract. In other words, an offer matches an individualââ¬â¢s manifestation about his or her intent to get into a binding contract with somebody else. Acceptance on the other hand refers to an expression of agreement which is unconditional and absolute. This is in regards to all terms formulated in a given offer. In this case, it refers to an assent by an offeree who is responsible for offering a legal contract (Berle 435). It can either be in writing or oral though it has to reflect on the original offer agreed upon. Capacity entails the capability of an individual to get into a legal agreement considering the fact that other people such as the insane, the drunkards and infants may not be able to enter an agreement. Intention is another element of a valid con tract and it simply entails intimating to get into an agreement. These elements play important roles as far as contracts are concerned. One of the importance of the elements is that they help in protecting an individual from potential problems for instance from overcharging or from losing deposit (Mitchell). They also ensure that one has a guarantee for complete and quality work. They also help in clarifying expectations of different parties involved into a contract as well as in knowing how possible conflicts can be resolved. Apart from these, they are important in that they enable parties to safeguard their resources. Typesof Contract Contracts are in different categories and they all have their impacts and relevance in applications. Written contracts are usually written and sealed off in official documents. One of the impacts of a written contract is that they get into operation once they have been adopted and delivered between the concerned parties. Friedman (105) notes that the y also bind all the parties involved within their terms without considering whether the terms have been read or not. There are contracts which require written evidence. These contracts have their evidences taking effect upon agreement and they help in preventing perjury and frauds. There are also sealed contracts which are usually made by a party and delivered to another party after sealing them (Wedderburn 99). These types of contracts are important in that they check on misconceptions. Finally, there are simple contracts which can be oral, partly written, fully written, oral or even implied. Their impacts are usually dependent on what is being agreed upon. Terms in a Contract Conditions in contracts mean the operating regulations between the contracting parties. One partyââ¬â¢s performance is conditioned based on terms being operated upon. This further implies that termination remedy is present with damages or if there are no serious effects from a breach (Drew and Skitmore 228 ).Warranties are terms which are less essential and are mostly implied as collateral with regards to the key purpose. With warranties, there are no rights to termination. However, damages reflecting on actual losses are pertinent. Innominate terms are those for which there are no advance prescriptions for remedies. There is termination if effects felt upon a breach are serious and capable of depriving innocent parties of contractual benefits. TASK 2 It is possible that you hold Direct Training to the price they stated on the website. However,
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