Essays on Business Law - Contracts in English Law Assignment

Tags: Labor Law
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The paper "Business Law - Contracts in English Law" is a wonderful example of an assignment on business. The agreement between Mr. Dabur and his employer regarding the parking services arguably constitutes a valid contract. As such, both parties are obliged to perform their sides of the bargain in good faith. The relationship meets the four primary elements of a contract, which are: an offer, acceptance, intent to create a legal relationship, and consideration. All of these elements are present in this case as follows: first; there is an offer by the university to provide parking services for the staff.

According to the ruling in Williams v Carwardine [1833] 5 C & P 566, Dabir is well aware of the definite, clearly indicated offer to provide parking services. Second, in Chappell v Nestle [1959] 2 All ER 701 the court decided that a valid acceptance must have some value. In this case, Dabir accepted only what the university offered, which was parking services for a £ 100 fee. This implies that by parking his car at the university parking lot, he had accepted the proposal without any other conditions such as a counter-offer.

As such, this case constituted an agreement in this respect because of the lack of a counteroffer by the professor. The general rule does not limit the making of the final offer to any party; rather what matters is the acceptance of the offer in question, which then ends the negotiations by setting up the rules of engagement under the contract. In this case, Mr. Dabir communicated his acceptance of the offer by action; he practically drove his car to the parking lot. Third, an enforceable contract requires parties to demonstrate their intent to enter into an agreement that is legally binding.

In this case, both the university and Mr. Dabir showed their intent to set up an enforceable legal relationship. Despite the fact that the intent to create enforceable relations was not made in writing, the employer’ s offer to provide parking services and Mr. Dabir’ s acceptance of the offer suggest the intent of both parties to create an enforceable relationship, which would be geared towards the employer being able to earn the parking fee from Mr.

Dabir who would, in return benefit from his private means of transport the parking services.

References

Clark, Brigitte, (2010), ‘Prenuptial contracts in English law: capricious outcomes or legislative clarification?,’ Journal of Social Welfare & Family Law, 32(3), pp.237-245

Cuniberti, Gilles, (2014), ‘The International Market for Contracts: The Most Attractive Contract Laws,’ Northwestern Journal of International Law & Business, 34(3), pp.455-517

McKendrick, Ewan, (2014), Contract Law: Text, Cases, and Materials, Oxford University Press, Oxford, pp.111-998

Nottage, Luke, (2007), ‘Changing Contract Lenses: Unexpected Supervening Events in English, New Zealand, U.S., Japanese, and International Sales Law and Practice,’ Indiana Journal of Global Legal Studies, 14(2), pp.385-418

Waddams, Stephen, (2012), ‘Equity in English Contract Law: the Impact of the Judicature Acts (1873–75),’ Journal of Legal History, 33(2), pp.185-208

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