The paper "The Key Aspects of Commercial Law" is an impressive example of a Business essay. In the day – to – day transactions of people, there usually are a number of contracts that are formed. What is funny enough is the fact that some of these contracts may be entered into without the prior knowledge of the parties involved. This is so common in local setups. Sometimes, however, parties tend to believe that they have actually entered into a contract merely by entering into agreements between themselves. This is not necessarily true.
The principle in commercial law of contracts is that there must be some intention to create legal relations between the parties involved. This paper, therefore, seeks to present the various options that Nathan has against Dubious Connections Pty Ltd and/ or John, who happens to be the company’ s sales representative in the case provided. These arguments are of course going to be firmly founded on commercial law and contract law. Is there a Valid Contract between Them? Under the Privity of Contract, the parties to a contract usually have various rights as well as discharges.
Moreover, according to this doctrine of Privity of Contract, a contract can be established by agreements made between the two parties involved. In this case, involving Nathan and Dubious Connections Pty Ltd, there seems to be an absence of written documentation to certify that indeed the two parties signed a contract. If I were to advise Nathan with regards to the there being or otherwise of a contract between him and Dubious Connections Pty Ltd, then my foundational point of argument will be the Privity of Contracts.
From this end, it is clear that there indeed does exist a contract between the two parties. The only distinction is that it is not documented like the conventional ones. In this case, therefore, such a contract can be canceled only by the same means with which it was formed i. e. by agreement between Nathan and Dubious Pty Ltd.
ReferencesGoode, R., & McKendrick, E., 2009. Goode on Commercial Law. Penguin, Ch. 3 and 4, pp.69-176.