LAW - LEGAL ISSUES

Institutional and Legal Context for Construction



Institutional and Legal Context for Construction

Question 1(a)

Legal Issue

Offer and acceptance study is a conventional approach in Contract Law employed to decide whether a contract presents between two participants. An offer is a signal by one individual to another of their readiness to agreement on certain conditions devoid of further dialogue. An agreement is then created if there is statement or unspoken contract. A contract is stated to come into continuation when reception of an offer has been articulated to the offeror by the offeree (www.4lawschool.com). This forms the background in this case scenarios where an offer is stated by a woman (offeror) without addressing to any particular individual, rather she just shouted £10,000 to any individual who saves the child and then she faints.

A proposal is a term of keenness to deal on certain conditions, made with the aim that it shall turn out to be required as soon as it is acknowledged by the individual to whom it is concentrated on, the “offeree” . The “expression” intended to the description may take diverse forms, for example, a correspondence, communication, email and even behaviour, as long as it corresponds the foundation on which the offeror is geared up to deal. Here, simple word of mouth has been employed as a medium to propagate the offer without being targeting to someone particularly. The standard principles related to this case are depicted in the famous case of Carlill vs. Carbolic Smoke Ball Company.

Relevant Law Cases and Sources

The agreement in Carlill vs. Carbolic Smoke Ball Company was of a type acknowledged as an independent agreement, one in which the offeree agrees to the offer by carrying out his or her side of the deal. It can be compared with a mutual agreement, where there is an exchange of assurances between two dealers. In Australian Woollen Mills Private Limited vs. The Commonwealth (1954), the High Courtyard of Australia asserted that, for a unilateral agreement to take place, the assurance must be made “in response for” the doing of the action. The court made a distinction linking unilateral agreements from a provisional reward. The case is usually observed to show the relation involving the requisites of offer and reception, contemplation and intention to generate legal relationships. This case is an example of unilateral contract where it was open to anyone who saves the child.

The “target” intended in the description is impartially reviewed by the courts. The English case of Smith vs. Hughes (1871) stresses that the significant thing is not a party's real intents but how a rational person would analysis the state of affairs. This is due mostly to reasonable as each party would not desire to break his side of the agreement if it would make him or her responsible to damages, it would particularly be opposing to the principle of assurance and clearness in commercial agreement and the matter of error and how it influence the ...