The issue of whether Patrick is bound to the accordance for the purchase of the horse from Joanna go away be examined. In rig to do so, the examination of whether the agreement fulfills the six prerequisites of the formation of a look at is requisite. If the agreement is non bound, possible remedies available for Patrick will be discussed.
The Formation of the shoot
In order for a written contract to be enforceable they must contain six prerequisites: intention to reach legal relations, agreement, shape, legal capacity, genuine consent and legality of objects.
Since Patrick had sign(a) an agreement to buy Decibel from Joanna, the agreement then became a formal contract contained in a deed. There are 3 essential pieces of a contract: intention to hit legal relations, agreement, and consideration. Since the term buy is used in this case, at that place is an assumption that consideration is existed between Patrick and Joanna. Even though in that location is no information about the honor of the consideration, the existence of consideration is assumed as Consideration must have value but need not be adequate as in Chappell & Co Ltd v Nestle Co Ltd.
In addition, the action that Patrick approached Joanna and asked about the horse, which is just an invitation to treat, hence the constituent of offer is not clear in this case. However, Patrick later sign(a) an agreement to buy Decibel, which reflects Joannas willingness of selling the horse. Once again, the divisor of acceptance is not clear in this fact. Nevertheless, there was a meeting of the minds. Moreover, it is presumed that parties to a business agreement intend to spend a penny a contract and the contract is intended to be lawfully bound and there is no evidence to rebut this presumption.
Vitiating element - misrepresentation
There are also another 3 elements needed to be fulfill in order for a contract to be valid. Legal capacity and legality of objects are fulfilled in this case. However, the element...If you want to get a full essay, order it on our website: Ordercustompaper.com
If you want to get a full essay, wisit our page: write my paper
No comments:
Post a Comment