Essays on Contract between Andrew and Books for All Case Study

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The paper "Contract between Andrew and Books for All" is a perfect example of a law case study.   A contract exists and is formed in law only when there is an agreement (i. e. offer and acceptance), a consideration and an intention. An offer is an account of intent by the offeror to perform according to the terms of the offer if it is accepted and therefore be bound to the contract that will exist on acceptance. Also, the offer should be brought into the knowledge of the concern for it to be valid ( Taylor v Laird) and should have been made equal to one person or the whole world (Carlil v The Carbolic Smoke Ball Co). In the case of Andrew and Book for All, the latter offered a discount to Andrew on the purchase of books by where the terms were that the buyer would purchase books from a list of titles which would be at a significant discount from the rates at which other shopkeepers sell.

Andrew quickly accepted the terms and also became a member of the club. This is a case of ‘ an offer of the bargain’ which is applicable only until it is accepted by the latter (Eliason v Henshaw) which was duly acknowledged by ‘ Books for all’ .

Similarly as in Eliason v Henshaw, the offer of the bargain was made by the seller to the buyer but the acceptance was wrongly sent to a place other than that stated in the offer which made the offer of the bargain not enforceable. In the case of Andrew and the bookshop, however, there was an offer and so was its acceptance. The doctrine of consideration states that something must be either given or promised in return for a promise in order to make it binding.

A promise is not binding and not legally enforceable, without consideration. Consideration can be understood as the ‘ price of promise’ (Janet O’ Sullivan and Jonathan Hilliard). Without the price, the promisor’ s promise cannot be enforceable. The issue here is how a promise made by A can be supported and enforced by B’ s reciprocal promise. The three essential elements of consideration which are Benefit/ Detriment Requirement ascertain either a benefit to the promisor or a detriment to the promisee incurred (Bolton v Madden).

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