Elements of a contract Law

Read the examples and in each case say: a) will the claimant be successful in suing for breach of contract; b) if not, what element is in question? Prove your point.

1. A farmer sees a new mower in the showroom of a firm which deals in agricultural machinery.

He is impressed by the mower's quality but the price is rather more than he wishes' to pay. He tells the manager that with £500 off the price he would be prepared to buy it. The manager promises to 'think about it'. But when the farmer calls the next day, he finds out that the machine has been sold. He is angry and intends to sue the firm.

The farmer won’t be successful in suing. When a court deals with claims for breach of a contract, it should establish whether the contract is concluded. In this case the contract between the farmer and the firm wasn’t concluded because the firm didn’t accept the farmer’s offer.

2. Two friends have been drinking in a pub. The woman, rather much the worse for drink, agrees to sell her car to her drinking companion. When he goes the next day to collect the car, she refuses to hand it over.

One of essential elements of a contract is capacity. There are some cases when a person is supposed to be incapable to conclude a valid contract. In this situation the seller was drunk when she agreed to sell the car for fare price. Thus, this contract is voidable. If the buyer brings an action, the seller may fill a counterclaim and claim to declare the contract invalid. The court should deny the buyer’s claim and satisfy the defendant’s one.

3. You buy a ticket at the theatre but you don't like the performance and want your money back.

This kind of suit is likely to be unsuccessful due to two reasons. First, it will be difficult for the claimant to prove that the contract was breached. Questions of like and dislike are matter of subjective anticipation of the performance, not real quality of the performance. Secondly, it will be difficult for the claimant to prove loses.

4. A man promised to pay a woman if she would become his mistress. When he refused to pay up, she took the matter to court.

Contracts involving sexual immorality are unenforceable. This case is an example of such kind of contract. Therefore the plaintiff will not be successful in suing for breach of the contract.

5. On entering a religious order a woman gave all her property to it. She later changed her mind and tried to win her property back arguing that at the time she was excessively dependent on the Mother Superior,· who had failed to ensure that the woman had access to independent advice.

There might be reasonable grounds to award the claim. Conveyance of property, made by the women to the religious order, isn’t based upon any enforceable agreement. So this property is unjust enrichment. Unjust enrichment should be taken back to a wronged party. In my opinion, the claimant be successful in suing in this case.

6. A language school wrote a letter requesting to book premises for three days in order to conduct international examinations. The owner of the premises wrote a letter confirming the booking. Before receiving the reply, the language school secretary phones to cancel the arrangements.

This contract could be enforced in a court because it contains all essential elements. The general rule is that acceptance takes place when the message is received, but in this case the offeree sent the acceptance by post. As the acceptance has been sent by post, the contract is concluded because the acceptance took place at the moment when the letter was posted. As a result, the owner can sue for damages inflicted by cancellation.

7. A man advertised rare birds for sale at a stated price (in a newspaper). No offers to buy are forthcoming, nevertheless he is charged with the offence of 'offering for sale' wild live birds contrary to the Protection of Birds Act 1954.

An advertisement is usually considered to be an invitation to treat, not a legal offer. However, this case is out of a civil law. The Protection of Birds Act 1954 regulates public relationships and protects public interests. An expression 'offering for sale' in public law may have another meaning. From my point of view, the man could be charged in this case. Just imagine a similar situation when someone advertises illegal drugs in a newspaper. Isn’t it an offence?

8. Knowing that the other party is in a desperate financial situation, a company put pressure on them to accept £300 in full settlement of a bill for nearly £500. The claimant accepts under protest but later brings legal proceedings against the debtor for the balance of the sum.

I think the plaintiff will be successful in suing for £200. Law protects bona fide persons and punishes opposite one. Here the defendant used a desperate financial situation to make the other party accept £300 payment instead of £500. This kind of behavior is called undue influence. Undue influence is a vitiating factor for the agreement between the plaintiff and the defendant, so the agreement is voidable. Thus, in this case the claimant can sue for damages.