Contract Law Essays

Contract Law
Independent sales representatives work to put together profitable sales deals for manufacturers who
often don't have the time or desire to develop relationships for the sale of their products. Sales and
manufacturing are often two different mindsets. Manufacturers often rely on independent sales
representatives for this part of the process. Paying the sales commission is part of doing business
until the manufacturer decides to lower his cost by selling directly to the customer. Once the
relationship is built, the money that was paying the sales commission can be saved or invested
elsewhere. "A bad economy only increases the cost cutting measures by manufacturers. However,
when cost cutting measures involve breaching a prior agreement...show more content...
I know how hard it can be to develop new customers. It takes research, investigation into their
financial status, lots of phone calls, and winning their trust and respect. It is nothing like just going
into a store to purchase something off a shelf. Manufacturing sales is a lot different. In my opinion
this Alabama Sales Representative's Commission Contract Act is a good law. It protects the
independent contractor. When the courts awarded TFC, they proved that the independent sales
representative is now
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Law of Contract Essay
Law of Contract A contract is a legally binding enforceable agreement between two or more parties.
Where an issue of a breach of contract arises in court, the court has to decide whether or not a
contract has been made. To do this they must establish whether an offer has been made or whether it
was simply an invitation to treat. If an offer has been made the courts must then look to establish
whether there has been an acceptance.
An offer is a statement of willingness by one party to enter into a contract on certain terms made
with the intention that it shall become binding on acceptance. Whereas an invitation to treat is an
expression of willingness...show more content...
[1955] 2 QBD 327, and it is received at the place where the offeror happens to be. This comes
from the case of Brinkibon Ltd v Stahag Stahl [1983] 2 AC 34. As there was no paper in the fax
machine, Jason never received this bid meaning that acceptance has not taken place.
At 10am on the 23rd November Martin handed a bid of ВЈ25,000 into the store. This acceptance
was communicated by his conduct, that is, he handed in the bid to the store. This was established
as a valid method of acceptance in the case of Carlill v Carbolic Smoke Ball Co. [1893] 1 QB 256.
This acceptance was brought to the attention of the offeror and Jason is aware of the acceptance.
David phoned Jason and left a message on his answering machine making a counter offer. A
counter offer rejects the original offer and introduces new terms to the proposed contract which is
then capable of acceptance or rejection. This principle is illustrated in the case of Hyde v Wrench
(1840) 3 Beav 334. There is a general rule in acceptance that acceptance must be communicated to
the offeror and is only validly communicated when it is brought to the intention of the offeror. David
stated that if he did not hear anything from Jason he would assume he accepted the

The Theory Of Contract Law Essay
Imagine someone decided to rent a car at rental company for renting a car in exchange for
reasonable amount of money. Let's say that the company gives his/her a written paper with personal
information attached, then the individual sign the paper. When this situation happens, a contract is
made regardless through verbal agreement or signing required documents . By understanding how
the subject of law works, one must understand the theory of contract law. It is essential in all
forms of business relationships between two parties. Often, a contract is created through different
types that involves a set of promises which the law gives a remedy or performance. There are four
necessary elements that one should understand before a contract exists; which the offer and
acceptance bond together to make an agreement, consideration, purpose and subject matter, and
individual legal capacity. Usually, the court will examine the cases through objective point of
view, whether or not it is reasonable standard within each individual standards. When the professor
assigned to observe a court case and write the report about what I witnessed and experience, I was
not sure what kind of trial should I attend because of special restrictions about which case you are
unable to attend. After a while, I decided to visit Downtown San Diego and stop by the Central
Courthouse on November 7, 2016 at noon. By the time I entered the building, the security inspected
everyone and informed each person to turn

Effects Of Contract Law On Society
Effects of Contract Law on Society As defined by The Law Dictionary, a contract is "an
agreement, upon sufficient consideration, to do or not to do a particular thing." (1) Basically,
contracts are promises that are enforceable by law. And, if one party does not keep his promise,
the law provides a remedy by the breaching party. In order for a contract to be enforceable by law,
the contract must include a valid offer, an acceptance of the offer, and adequate consideration.
Contacts are primarily governed by statutory and common law. Uniform Commercial Code The
Uniform Commercial Code (UCC), according to the website USLegal.com, "is a set of laws that
provide legal rules and regulations governing commercial or business dealings and transactions."
(2) The Uniform Commercial Code was published in 1952 but has seen several revisions since
that time. The UCC has been adopted by all states though it may not be exact among all states.
The UCC provides regulations for the sale of personal property and helps bring standardization to
business laws so there can be some standard of "uniformity amongst the states." (3) The UCC is
broken into nine articles that each addresses a different area of commercial law. Elements of a
Contract The three main elements of a contract are offer, acceptance, and consideration. Each
element must be present in order to have a legally binding contract. First, one party, the offeror,
makes a valid offer to another party, the offeree.

Contract Law : The Contract Essay
Contract Law: Contract comes in a distinctive way like shapes & sizes or bond needs to set up by
an individual who is making the agreement and should be recognized by the person who is
marking the agreement and he/she needs to verify that a person who signed the agreement fulfills
the conditions. It can isolate into two sorts, which are lawful or unlawful & oral or reported. In
like manner law legitimate frameworks, an agreement (or casually known as an assertion in a few
words) is an understanding having a legal item gone into intentionally by two or more gatherings,
each of whom expects to make one or more lawful commitments between them. Legitimate opinions
are those assertions, which are marked and stamped whereas unlawful claims are those
understandings, which are not sealed or signed. However, Oral agreements are indeed hazardous
because if circumstance turns out badly then there is no real way to demonstrate it. Along these
lines, it 's been exhorted that it needs to reported so that putting the agreement in report additionally
verifies both sides what 's being guaranteed before they concur because if one gathering breaks the
agreement without taking authorization from the other party can be punished according to contract
law. For instance, on the off chance that you go to a hotel and book yourself a space for a night
that ends up being grimy or something not living up to expectations, it is qualified for being
exchanged. It doesn 't have to have a particular

Tort and Contract Law Essay
Civil Law is a branch of law that matters itself with disputes that involve private parties, or
negligent acts that cause harm to others. This is in contrast to criminal law which is invoked for the
public purpose. Under civil law, there are remedial awards unlike in criminal law which is punitive
in nature. These remedies can either be under tort or contract law.
To understand the civil liabilities and or remedies demanded between Andy, Sam and Bob, this can
only do so if there is an appreciation of the existence of a contract between them. For this to be
envisaged, then the requirements of a contract must be manifested. For a contract to be envisaged it
must be mutually accepted by both parties and the manifestation of the principle of...show more
content...
He would proof this by the statement made by Bob that the vehicle had gone for only 10,000
miles while it had actually done 100,000. Also he had indicated that the gear box was new whilst
it was in fact due for replacement as was discovered by Maryam. To this end he can claim
restitution. To this end as was held in Attorney General v. Blake, he would be seeking to be
compensated to the point of as if the contract had not been initiated in the first place.
In his claim for damages, he can hold HOTMOTORS liable for Bob's misrepresentation. With
reference to Lister v. Hesley Hall Ltd he can make claims upon the rules of vicarious liability,
HOTMOTORS is thus liable for the acts of its agents, in this case Bob.
Bob can defend himself under contract law and claim that the misrepresentation was innocent. He
can claim that he at all times believed the car had done 10,000 miles as was indicated by the
mileage meter. He can also defend himself and claim that he was a sales person and a mechanic like
Maryam so under his inexperienced inspection he had reason to believe that the gearbox was new.
An invitation to treat cannot however amount to a contract as was upheld in the case Partridge v,
Crittenden, where the mere offering for sale of bramblefinch cocks and hens via a newspaper
advertisement, was held to be an invitation to treat and constituted not an offer. To this end, Bob can
claim that the vehicles on display did

Essay about Contract Law
Contract Law A contract, by definition, is an agreement by two or more parties, which is intended to
be legally binding and supported by consideration. All contracts must have these three elements
present for it to qualify as a proper contract in the eyes of the law: offer and acceptance,
consideration, and intent to create legal relations. First, we will examine the first part of what
constitutes a contract, the offer and acceptance. An offer is a statement said from the offeror to the
offeree stating that he would like to formulate a contract between the two parties. The offer must
include something specific, and which has value, either monetary or otherwise between the parties.
An offer must...show more content...
An agreement is not enforceable unless the parties intended it to be legally binding. For contracts
to be binding, they must adhere to this rule. This is because contracts are very serious business,
and one must not go into them fool heartedly. There are however presumptions regarding this
element. First, it is understood that domestic agreements cannot have intent to create legal
relations, unless expressively said. Families are an institution and they must be kept sacred and
not be bothered with the legalities of court proceedings. There are however some exceptions to
this rule. For instance, the case of Merritt vs. Merritt shows that there could be intention if both
parties expressively showed it. Since the husband signed the paper that contained the terms of the
contract, this was deemed to be legal, and thus a contract between the two was formed. This was
done when the husband signed the paper promising what he had said. It is also understood that in a
commercial agreement, the intent is automatic. This is evident in the case of Carlill vs. Carbolic
Smoke Ball Co. In an advertisement, Carbolic Smoke Ball Co. stated that if anyone caught the
common cold after buy and using the smoke balls as directed, they would give 100 Г‚ВЈ. The
company then deposited 1,000 Г‚ВЈ in a bank to show their seriousness. Carlill used the product and
was not cured, then sued the company. The company's

Contract Law : Contract Laws
Elizabeth Richardson Professor Harris Business Law April 29, 2015 Contract Law Contracts are
in every aspect of life. From buying a car to being employed, contracts govern all areas of life. By
definition, a contract is "an agreement creating obligations enforceable by law" (Cornell University
Law School). "A contract in its most basic definition is nothing more than a legally enforceable
promise" (National Paralegal College). That means that any contract that is made legally, which will
be discussed later, will hold up in a court of law. The two different parties that join together to form
an agreement have to do their part of the contract as it is stated within. Contract law is in place to
assure that this happens in the time frame agreed upon while making the contract. "Contracts that
were mutually entered into between parties with the capacity to contract are binding obligations and
may not be set aside due to the caprice of one party or the other unless a statute provides to the
contrary" (Burton). The courts have a very important job when dealing with cases that concern
contracts. If the courts did not enforce contracts, businesses could not function properly. Contract
law prohibits parties from backing out of their agreements without consequences. This assures that
when a party joins into a contract, he/she will receive the service or good that they desire. While
courts have to uphold the law on contract, they cannot make contracts that were not previously agreed

Contract Law Essay
Contract Law
1.On 2nd January 1999, Sarah reads in a local newspaper, "The BrightonBugle", that a well known
local sports enthusiast, Mick Muscle, was offering ВЈ5,000 to the first person to swim from
Southsea to the Isle of Wightbefore 10th January, 1999. Sarah, a keen swimmer, set about her
preparations. On 6th January, 1999, a retraction appeared in "The Hove Herald' stating that Mick's
original offer was cancelled and, instead, the prize was now to be ВЈ500 to the first person to cycle
from Brighton to Oxford before 12th January, 1999. Sarah was a regular reader of "The
BrightonBugle" and no other newspaper. She did not see the retraction in "The HoveHerald".
On 9th January, Sarah went...show more content...
On appeal, the advertisement was held to be an 'invitation to treat', since it was necessary to protect
the advertiser from liability in Contract should demand for the advertised goods exceed supply.[3] As
a result, the appellant's criminal conviction was quashed.
In contrast, advertisements may sometimes be construed as being an offer if they are of the
unilateral type, where one party promises something in return for the specified act of another. The
general rule in Contract Law is that acceptance must be communicated to the offeror, but in
unilateral offers, performance of the specified act constitutes acceptance [4]. In Carlill v Carbolic
Smoke Ball Co.[5], the defendants advertised that they would pay ВЈ100 to anyone who contracted
influenza after using their smoke ball for a specified period, and that ВЈ1000 had been deposited in
a bank as proof of their sincerity. Mrs Carlill bought and used the smokeballl in accordance with the
manufacturer's instructions but then contracted influenza, so claimed her reward. The defendants
claimed that the advertisement was an

Essay about Contract Law
Contract Law
The law of contract recognises that an agreement is dependent on consent and this, therefore,
implies that an agreement obtained by threats or undue persuasion will be insufficient. Many
contracts in practise involve a degree of 'arm twisting' and this raises the question as to what level
of pressure is acceptable to exert over another contracting party? This problem is dealt with by the
common law doctrine of duress and the equitable doctrine of undue influence. The courts have
developed these doctrines over a long period of time and since the Judicature Act 1873 it has been
the duty of all courts to administer both doctrines concurrently. Both common law and equity agree
that a...show more content...
Not all pressure is illegitimate; indeed, not all threats are illegitimate. In the course of normal
commercial activity, pressure and even threats occur regularly and are often perfectly proper.
Consequently it is essential to distinguish between forms of pressure that are legitimate and those
that are not. The scope of duress was originally very limited in its application and was confined to
actual or threatened unlawful physical violence. The case of Barton v Armstrong (1976)[1]
illustrates an important limitation on legal duress in that the actual violence, or threat of violence,
must be against the person and calculated to cause fear of bodily harm or loss of life. Not
surprisingly, duress is a part of the law which nowadays seldom raises an issue. This limitation was
open to the objection that it failed to give adequate consideration to the coercive effect of other
illegitimate conduct or threats.
Originally the courts would not acknowledge 'duress of goods', i.e. a threat to damage a person's
property as constituting duress. This view is supported by a number of nineteenth century cases,
the most notable of which is Skeate v Beale (1840)[2], where it was held that an agreement to pay
money for the release of goods (that had been unlawfully obtained) was valid. It is certainly fair to
say that duress of goods has developed rather

Contract Law
General Introduction For parties to be bound by an agreement, it must first be determined if a
prima facie valid and enforceable contract exists. A contract can be defined as an agreement
containing promises made between two or more parties with the intention of creating certain legal
rights and obligations and enforceable in a court of law [1]. For a legally binding contract to exist
the following elements must be satisfied: 1. An offer must exist 2. The offer must be accepted 3.
Consideration must pass between the parties 4. The parties must intend the agreement to be legally
binding 5. The parties must have the legal capacity to enter into a contract 6. The contract cannot be
for an illegal...show more content...
In applying this case, the offer made by Boris would terminate the original offer. Therefore, Michael's
response constitutes a counter–offer not an invitation to treat. Another matter for legal consideration
is whether Boris accepted the counter– offer and if the method of acceptance was legally binding.
An acceptance converts the promise of the offeror into an agreement[6]. The acceptance by Boris to
Michael's counter–offer contained two key elements: в†ђ A willingness to take what was exactly
offered (i.e. the sale of the car); and в†ђ An agreement to pay the price required (i.e. $800). The facts
presented clearly indicate upon receipt of Michael's letter, Boris accepted the offer and promptly
replied by post creating a simple, bilateral contract – 'a promise for a promise'. The exchange of such
promises creates an enforceable contract. In contract law, the offeror can establish the method of
acceptance and the acceptance must comply with the requirements in the offer before an
agreement is completed. The facts provided indicate, Michael as offeror, failed to prescribe any
method of acceptance. There is an assumption that if no method of acceptance is prescribed,
acceptance is to take the same form as the offer[7]. Given Boris replied by the method of offer,
being post, it can be concluded that Boris complied with the method of acceptance by posting the
letter of acceptance. Having determined there

Essay on Contracts
Contracts A contract is formed between two or more parties. In order for a contract to be legally
binding there must be offer and acceptance. This simple basis for a contract is not as clear cut as
it first appears. In certain circumstances it is often necessary for the two parties to the contract to
communicate via post or by other indirect means. This practise gives rise to the problem of whether
an acceptance is given when it is posted or when it is received....show more content...
telephone or face to face). The postal rule is in place to deal with a problem caused by the
circumstance of postal or 'long distance' contractual agreements. The case of Entores Ltd v Miles
Far East Corporation[2] is an important case when considering the postal rule and its application.
The dictum of Denning L.J suggests two important facts; firstly, a contract made by post is
complete as soon as the letter of acceptance is put in the post box. Secondly, the communication of
acceptance by means which are "virtually instantaneous" is distinguishable and must "stand on a
different footing"[3]. Several examples of circumstances are given by Lord Justice Denning in his
ruling. He gives the telex example in which it is clear that if the acceptance is not communicated
due to intervening circumstances then it is the duty of the party accepting the offer to ensure that
there is acceptance is properly received. Only if A believes his acceptance has been received and
it has not, due to a problem at the offeror's end is the offeror bound. It is his own fault and he will
be estopped from claiming he did not receive the message. One important point to consider when
discussing email communication is the fact that it is often the case that emails are not received
instantaneously. It can sometimes be the case that a message sent via email can take hours and

Considerations for Contract Law Essay
"A Contract is an agreement giving rise to the obligation which are enforced or recognised by
law". The development of the rules and procedures set out in Contract Law is derived from the
common law and statutes. Individual judge's decisions on disputes, which grew over time, generated
the ideas of what constituted as a contract. The view that English contract law is handicapped by the
narrow range of backgrounds which judges are drawn; has been refuted here. This is due to the fact
that English Contract rules set out through the formation, duress, illegality, capacity, frustrated
contracts and remedies; which embark on representing society as a whole and especially on
ordinary members of society. Judges in the English judiciary are...show more content...
Due to this the Lord Chancellor does not have the sole power in a judicial appointment, allowing
an increase in the independence of appointments from ministerial involvement which provides
appropriate balances of independence and accountability. Correspondingly, statistics show that
the introduction of the JAC has been beneficial as before 2005 only 15.8% of judicial
appointments were female and 2.5% ethnic minority. However, the view brought across that if
"judges drawn from a wide range of backgrounds and life experiences will bring varying
perspectives to bear on critical legal issues" is not significantly relevant as judges are not
assumed to present or reflect their backgrounds in judgments however, only to interpret the law
and reflect the facts given in court. Therefore, the Judicial System is moving to a reform of a
more representative society, although, this change will allow diversity, but will have no real
significance in the law of contract due to rules and principles are set out through the Common Law
and Statutes have been seen to be beneficial to everyone in the society. A significant principle to
consider when arguing that the contract rules does represent the ordinary people of society and not
handicapped by the backgrounds of judges are drawn from is the formation of a Contract. Firstly,
Offer and Acceptance; Corbin describes "offer is an act on the part of one person

The Contract Law Of Contract
Form of law that rules oral and written agreements attendant with exchange of goods and services
money and properties. It includes topics such as the nature of contractual obligation limitation of
actions – freedom of contract – privacy of contract – termination of contract and convers also agency
relationship commercial paper and contract of employment, if you are employed you'll no doubt
have a contract when you buy house insurance or but the house itself there will be a contract even
buying half a dozen eggs or a newspaper from the comer shop will be governed by the law of
contract Contract can be also defined as below Contracts are enforceable promises, or unpaid
agreements that govern economic exchange Free market economy relies...show more content...
The parties may settle one term at a time, but their contract turn out to be complete only when
they assent to the final term. An agreement is binding if the partiesconcur with esteem to the
essentialterms and intend the agreement to be binding, even though all of the parts are not
definitely fixed. The capacity of thegoodsare usually indispensable terms of the contract that must
be agreed upon if the contract is to be applied. Offer An offer is a promise to act or renounce from
acting which is made in exchange for a return promise to do the same. Some offers expect not
another promise being returned promise to do the same , Some offers antedate not another
promise being returned in exchange but the performance of an act or forbearance from taking
action , for example a painters offer to paint someone's house for $100 is probably conditioned on
the homeowners promise to pay upon completion while a homeowners offer to someone $100 to
have his or her house painted is probably conditioned upon the painters successfully performing
the job , In either case an offerees power of acceptance is created when the offeror carries a present
committed to enter a contract in certain and definite terms that are connected to the offeree. Offers
that are not disallowed withdrawn or revoked generally continue until the ending of the time period
specified by the offer or if there is no time limit specified until a reasonable time has passed ,

Contract Law Case Study Essay
Contract Law Case Study Both the parties in the question have come to a problematic situation
which is complicated to resolve. Friend's of the Forest (Friends), represented by Christabel, is
involved in a commercial trade with Paper Supplies Pty Ltd (Paper) which is represented by Dee.
A contract needs four essential elements to exist. In the situation, it is obvious that the four
elements are satisfied. As the details are not fully provided, it is arguable as to when the contract
was formed which will affect the legal rights and obligations of both parties. The first main issues to
be discussed regarding the contract...show more content...
In the situation, regardless of whether Christabel has read the terms of the document, the signed
agreement has been signed by her and therefore she is bound to it. A possible exception is that
Christabel can argue that the contract was already formed after the negotiations and it was before
the document containing the clause was presented. To prove this, Christabel has to prove that it
was a fully oral contract which was formed right after the negotiations where the four essential
elements of a contract already exist. Following that, Christabel has to argue that the document did
not appear to be contractual. In D J Hill and Co Pty Ltd v Walter H Wright Pty Ltd, the
negotiations were conducted entirely by telephone and when the goods were delivered, Hill's
employee signed a form which contained an exemption clause. The document signed was regarded
as a delivery docket and that when they signed it; all they were doing was acknowledging delivery.
Christabel can argue that she was merely acknowledging delivery. Apart form that, issues in the
contract involves both explicit and implicit terms as well. In the negotiation stage, Christabel
explains the importance the high–quality recycled paper which is not treated with chemicals of the
product to Dee. As Friends is an environmental organisation, it is essential that the products they sell
are

Contract Law
Contract A contract is a promise between two or more persons involving the exchange of some
good or service. Some of the basic elements of a contract include: an offer and an acceptance;
"capacity," or being of legal age and sound competence; "mutual assent," or agreement on the terms
of a contract; and
"consideration," or compensation for goods or services rendered. The element that distinguishes a
contract from an informal agreements is that it is legally binding:the law provides a remedy in the
event that the promise is not fulfilled. Bylaw, certain types of contracts must be in writing, but oral
contracts are valid in many situations. An oral contract may be held to exist even in the absence of
agreement as to all...show more content...
Legally binding contracts can, and often are, oral in nature. Oral contracts can be enforceable by US
courts. Contracts are reduced to writing and signed by parties to the contract largely to provide
objective proof that a contractual relationship exists, and to provide written guidance as to the terms
and conditions thereof. Without written documentation that shows a contractual relationship exists,
it can be quite difficult and time consuming to prove the terms of a contract in a dispute and can
include protracted litigation. In basic terms, a common law contract is not a promise to complete (or
refrain from completing) an action. First of all, we do not have the Turkish equivalent of the
American Statute of Frauds under Turkish Laws, since judiciary systems are quite different in
Turkey and USA. In Turkey, we have Civil Law system, where codes make the law, whereas in
USA, you have Common Law system, where the legislations are made by the court precedents.
That is why, we may not be able to find exactly compare between two law system. Finally if we
take a look at those two contract law systems ,there is a big difference about the judiciary systems . I
think the USA judiciary system is little bit better than Turkish systmem because Turkish system
based on

Contract Law Essay
Contract Law Bingham LJ's statement expresses well the purpose of the doctrine of frustration
which is to moderate the general rule, as expressed in Paradine v. Jane (1647), that, unless they have
been expressly qualified, contractual obligations are absolute. It does not tell us much about the
underlying principles of the doctrine. How and when does it apply and what are the effects?
Contract law needs certainty and a doctrine that excuses parties from the performance of their
obligations must, by necessity, be restrictive and unambiguous. By concentrating on the object of the
doctrine, however, the author reflects accurately the courts' modern trend of relying less on an
abstract theory...show more content...
As a final blow to Paradine, the House of Lords in National Carriers Ltd v Panalpina ltd [1981]
decided (obiter dictum) that a lease of land could be frustrated. The implied condition principle
was however showing signs of strain. It is for instance difficult to reconcile the decision in Herne
Bay Steamboat Co v Hutton [1903] with Krell. In the former the court decided that the contract did
still have some purpose as it was still capable of some performance, when it is obvious that the
object of the contract was in both cases the review/parade that went with the coronation. The court
should have taken a more detached and objective view of the contract without attempting an
artificial separation of motive and object. The subsequent criterion of the contract becoming
"radically different" from what the parties originally intended, as in the Metropolitan Water Board
case, or the "different adventure" factor in the Jackson case, marked a different, more practical and
just approach. The doctrine had to be restrictive however and during the closure of the Suez Canal in
1956, the courts were reluctant to apply the "different adventure" approach unless the contract was
very specific. Difficulty of performance

Contract Law
Issue "The mere existence of the core elements of offer, acceptance, and consideration will not
guarantee a legally enforceable contract". Discuss. A contract is an agreement which normally
consists of an 'offer ' and an 'acceptance ' and involves the 'meeting of the minds ' or consensus
between two or more parties with the intention to create a legally enforceable binding contract.
Therefore in this essay, the four core elements needed for the formation of a contract such as offer,
acceptance, and consideration and intention to create legal relations will be discussed briefly. Offer
An offer is a proposal whereby the parties are willing to contract on a specific set of terms, made by
the offeror with the intention that, if the...show more content...
The case regarding the nature of such consideration is Chappell v Nestle which expressed the
view that a 'peppercorn ' could constitute valuable consideration if stipulated by the promisor, even
if the promisor was not fond of peppers and would discard the corn. Past consideration is not good
consideration as consideration must come into existence either with or after the promise. Where
the stipulated consideration predates the promise, it will not be considered good consideration.
Therefore in, Roscola v Thomas [1842], the promise was not binding because the only
"consideration" provided for a promise about the soundness of a horse was entering into the
original contract which had occurred before the promise was made. 'Existing Public Duty' is one
situation where no consideration occurs when the promisee is already under a public duty to
perform an act and the same act is purported consideration. In Glassbrook Bros Ltd v. Glamorgan
County Council [1925], the police were providing protection over and above what is considered
legally effective and therefore due to the sufficient consideration the mine owners should honour
their promise of payments. The next situation for insufficient consideration where there is no
detriment would be 'Repeating an existing duty owed to the promisor'. In Stilk v Myrick [1809], the
remaining crew of sailors did what they were contractually required to do and therefore there was no
consideration for the

Contract Law Essay example
DETERMINING
PAST PERFORMANCE
VERSUS
EXPERIENCE
Contracting Officers within the Federal Government are tasked with negotiating contracts for goods
and services with the contractor that is best able to satisfy that particular requirement in terms of
quality, timeliness and cost. Best value analysis strives to apply good business judgement to making
source selection decisions. It seeks to isolate technical differences between proposals to determine
which offer represents the best value to the customer. The Federal Government is steadily moving
away from awarding contracts purely on the basis of low price and opting to employ evaluation
factors such as past performance, management capabilities and technical superiority. Confidence
...show more content...
In addition to looking at workmanship, past–performance evaluations also include judgments on an
offeror's reputation for cooperative behavior. Past performance may pertain to any number of things
such including:
(1) Quality of supplies delivered or services rendered, in terms of compliance with adequate
specifications and statements of work;
(2) Timeliness of performance, taking into account all excusable delays;
(3) Price, in terms of initial reasonableness and control of exigencies (i.e., changes and claims);
(4) Reasonable compliance with other contract terms and conditions;
(5) Effective management of the administrative aspects of performance, such as communicating and
performing routine clerical tasks;
(6) Cooperation with, and assistance to, the customer in routine matters and when confronted by
unexpected difficulties;
(7) Business integrity;
(8) Breadth;
(9) Depth; and
(10) Relevancy.
Although it is safe to assume that most contracting professionals would consider that experience
relates to "what" a contractor has done and past performance relates to "how
well" the "what" was performed. The federal procurement regulation does not
specifically differentiate between experience and past performance. In Nash (2001) it is argued that
"experience is sometimes ignored and, when considered, has often been

Contract Law Of The United States
Contract Law in The United States Business Legal Issue Article 1 Section 10 of the United States
Constitution explains the Contracts Clause. The Contracts Clause prohibits a State from passing a
law that "impairs the obligation of contracts" (Constitution.com, 2013). For the most part, states are
permitted to establish their own taxes within their own state. However, states do not have the
authority to regulate interstate taxes. At first glance, the Contract Clause can seem convoluted–yet it
is the foundational framework for agreements (contracts) between citizens and entities. The Contract
Clause prohibits states from invalidating any tax or levy imposed on a national level, including
contracts (Cornell University Law School, 2012). For this reason, the Contract Clause was the
framework for basic contracts in the United States. In its barest form, contracts is the tool that allow
the general public, and the government, to engage in honest business. In the 21st century, the word
"contract" is used frequently, almost willy–nilly. Most people who sign contracts claim to have a
basic understanding of what a contract is–yet at times contracts can appear confusing and
cumbersome. People sign contracts when houses are purchased, people sign contracts when cars
are purchased and people sign contracts when goods of any kind are leased. One could conclude
that contracts are a product of capitalism or a commercial/business society. However, before one
signs a contract,

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