Premium Essay

Janet Can Sue Jack for Breach of Contract.

In: Business and Management

Submitted By chiho
Words 427
Pages 2
Answer of the question
Janet can sue Jack for breach of contract.

Clarify the question
The issue in this case is whether…

List out Elements of that related topic
Offer + Acceptance + Consideration + Intention to create legal relations + Contractual capacity

Define the terms
An offer is a definite promise or proposal made by the offeror to the offeree with the intention to be bound by such promise or proposal without further negotiation. (Srivastava, 2012)

Refer the related case law with judge statement help to state general rules:
According to Carlill v Carbolic Smoke Ball Co. (1893), Offer is a definite proposal made to the offeree by the offeror. There must also be intent to be bound by such an offer.

State the case situation which matches the case law.

Offer and acceptance
Offer + Acceptance + Consideration + Intention to create legal relations + Contractual capacity

Define terms:
According to Srivastava,an offer is a definite promise or proposal made by the offeror to the offeree with the intention to be bound by such promise or proposal without further negotiation.)
In simply words, it is an expression of somebody’s willingness to make a contract, which the expression should be clear and without further negotiation.

An acceptance is a final and unqualified expression of the offeree’s assent to the terms of the offer. It can be made in writing, orally, or by conduct.

Invitation to treat
An invitation to treat merely invites someone to make offer rather than making an offer by himself or herself.

Refer the related case law with judge statement to help to state general rules:
Distinguish offer and ITT
Rules: What if a person says he “offers” you sth.
According to Carlill v Carbolic Smoke Ball Co. (1893), Offer is a definite proposal made to the offeree by the offeror. There must…...

Similar Documents

Premium Essay

Contract Creation

...Contract Creation and Management Cheeseman (2010) stated, “Express agency is the most common form of agency. In an express agency, the agent has the authority to contract or otherwise act on the principal’s behalf, as expressly stated in the agency agreement. In addition, the agent may also possess certain implied or apparent authority to act on the principal’s behalf”(p.461). A business owner needs to clearly define the responsibilities and authority that each employee holds. The business owner also needs to clearly state which individuals within the organization have the authority to enter into a contract on the organizations behalf. The author will discuss “The Nature of Agency video” and issues regarding express agency. The Nature of Agency video In the scenario described in “The Nature of Agency video” Non-Linear Pro sued Quick Takes Video for breach of contract on a three month lease agreement. Quick Takes Video leased some video editing equipment from Non-Linear Pro that didn’t operate according to Quick Takes Video expectations. Apparently when the equipment was delivered Janet an employee of Quick Takes Video mistakenly signed a three month lease agreement thinking it was a shipping confirmation request. The management of Quick Takes Video called their legal representative and discovered that it may be reasonable to assume by a third party that Janet had the authority to enter into a contract on behalf of the organization. Authority Within an organization......

Words: 1128 - Pages: 5

Premium Essay

The Essential Elements of a Contract and the Applicable Remedies in the Event of a Breach.

...Business I. The essential elements of a contract and the applicable remedies in the event of a breach. Four Essential Elements of a Contract An agreement must contain four essential elements to be regarded as a contract. If any one of them is missing, the agreement will not be legally binding. a. Offer There must be a definite, clearly stated offer to do something. For example: A quotation by sub-contractor to the main contractor and an offer to lease. An offer does not include ball park estimates, requests for proposals, expressions of interest, or letters of intent. An offer will lapse: * when the time for acceptance expires * if the offer is withdrawn before it is accepted * After a reasonable time in the circumstances (generally the greater the value of the contract, the longer the life of the offer). Invitation to treatAn invitation to treat is a mere declaration of willingness to enter into negotiations; it is not an offer, and cannot be accepted so as to form a binding contract. An agreement is not created if there is an acceptance of the invitation to treat.An invitation to treat is part of the preliminaries of negotiation, whereas an offer is legally binding once accepted, subject to compliance with the terms of the offer. For example: Invitations to treat are advertisements, price lists, circulars and catalogues. | b. Acceptance Only what is offered can be accepted. This means that the offer must be accepted exactly as offered......

Words: 2981 - Pages: 12

Free Essay

Breach of Contract Hadley vs Baxendale

...BREACH OF A CONTRACT Hadley vs Baxendale. About the Companies. Hadley carried out an extensive business as millers. Their business was stopped due to a breakage of the crankshaft on which the whole mill worked. They gave the crankshaft carrying order to Baxendale , a carrier company. But due to some reasons the delivery of the crankshaft was delayed by the carriers and because of that the plaintiffs(Hadley) had to incur losses. The plaintiffs claimed that the defendants(Baxendale) should pay them for the special damages as well since it was because of the delay of the delivery that they had to incur huge losses. Case Scene 1 Mr Hadley() (calling Mr Baxendale on phone ): Hello Mr Baxendale, this is Mr hadley speaking. Mr Baxendale() : Hello, Mr Hadley, good to hear from you. I hope you have got your delivery of the crankshaft by now. Mr Hadley : Yes Mr Baxendale, I have got the delivery. But I am afraid to say that it was late by three days!! And because of that, my company could not operate for all this duration and had to suffer huge losses because of that. Mr baxendale : I am really sorry to hear that Mr Hadley. Mr Hadley : U had signed the contract for carrying the shaft in three days and I think you must pay us for the losses we have suffered because of your negligence in the delivery of the crankshaft. Mr Baxendale : Mr Hadley, We had signed the contract but I Do not think we should be paying for your losses. After all we carriers and we did our......

Words: 910 - Pages: 4

Premium Essay

Contract Breach

...Breach of Contract - A contracting party’s failure to perform an absolute duty owed under a contract. Covenant – An unconditional promise to perform Duress – A situation in which one party threatens to do a wrongful act unless the other party enters into a contract Executed Contract – A contract that has been fully performed on both sides; a completed contract. Injuction – A court order that prohibits a person from doing a certain act. One year rule – A rule which states that an executor contract that cannot be performed by its own terms within one year of its formation must be in writing. Rescind – The act of a non-breaching party to undo a contract where the other party to the contract has caused a material breach of the contract. Statutes of Fraud – A state statute that requires certain types of contracts to be in writing . Unilateral Mistake – A Mistake in which only one party is mistaken about a material fact regarding the subject matter of contract. Bad Faith – An element that must be proven in order to find a violation of the anticybersquatting Consumer Protection act (ACPA) Domain Name – A unique name that identifies an individual’s or company’s website. License – A business arrangement that occurs when the owner of intellectual property ( the licensor) contracts to permit another party ( the licensee) to use the intellectual property. Licensee- The party to whom a license is granted Abusive homestead exemption - A......

Words: 829 - Pages: 4

Premium Essay

Jack and Jill

...Jill v. Jack Facts: Jill asks Jack to give her an estimate in the price of building a fence around her orchard. Jack inspects and measures Jill’s apple orchard and gives Jill an estimate of $1,000. Jill agrees to the price and they sign a contract. Jill, however, had in mind a fence around her peach orchard that is much larger. Jack says he cannot build a fence around the peach orchard for $1,000, but Jill wants to hold Jack to the $1,000 for a fence around the peach orchard, and sues Jack for breach of contract. Issue: Can Jill sue Jack for breach of contract? Rule: Breach of contract states “A failure of a party to a contract to perform his or her obligations as agreed to within the contract”. Contract law allows for judicial intervention in the event of a breach that is substantial, that goes to the root of the contract, also stated to be fundamental, by relieving the non-breaching party of his or her obligations and exposing the breaching party to damages or, if appropriate, an order for performance of the breached contractual obligation. Application: In Order for a contract to exist you have to have five elements: 1) Offer 2) Acceptance 3) Consideration 4) Legality 5) Capacity Under the common law, the offer had to be definite enough to establish the material terms of the contract. If material terms of the contract were not present in the offer, than a contract would not be found to exist. So the first element was not covered due...

Words: 407 - Pages: 2

Premium Essay

Hotel Management Contract Breach

...Chapter 1 Research background * Research Question * Hypothesis * Target group * Problem statement Chapter 2 Employee contracts & Guest contracts * Legal issues present * Authorities that check contracts and agreements Chapter 3 Plan of action * Implementation of the STEM Concept * Strategy to come to a solution * Suggested incorporated contract agreements Chapter 4 Conclusion Chapter 5 Recommendations Executive Summary The hotel industry is currently growing in Suriname, which makes that also that job opportunities are increasing. In Suriname there are various hotels with different classifications with different standards. It is very important for hoteliers, employees and guests that they adhere to these standards. One of the most important standards is that the hotel management must follow the agreements written in a contract towards the employees and also towards the guests. It is important for Hotels to incorporate the concept of Reasonable Care. Reasonable care is the degree of caution and concern the hotel in this case would use in similar circumstances. It is a standard used to determine a legal duty and whether such duty was fulfilled. Hospitality operations have a duty of reasonable care to protect guests. The hotel is not liable for acts that it could not reasonably foresee. A Contract is an agreement between two or more parties that is enforceable in court, which means that there must be an agreement and......

Words: 1618 - Pages: 7

Premium Essay

Contract Breach

...15 April 2014 Contract Breach Contracts are in general, an agreement between two or more people. One person puts out an offer and the other accepts that offer. If person A says he will work on person B’s house in exchange for money and both come to an agreement they have entered in to a contract. The offer must be serious and definite with serious intent. When one person breaks the agreement it is known as a breach of contract. If this happens the innocent party can seek remedies or relief from the person who breached the contract. Many different remedies are available for the innocent party but the contract should be reviewed for any limitations or contractual remedies. The most common remedies available are broken down between two categories, remedies at law and remedies in equity. Remedies at law are normally remedies’ that have to do with monetary damages. These damages are designed to compensate the non-breaching party for his or her loss of the bargain. This is where out of pocket expenses and lawyer fees would be considered as they would be incidental damages. Incidental damages would be the expenses caused directly because breach of contract. Punitive damages also fall into remedies at law but are usually only used when there is an offense like fraud involved. The purposes of punitive damages are to punish the defendant for offensive misconduct and to deter the defendant and others from similar misbehavior in the future. Nominal......

Words: 437 - Pages: 2

Premium Essay

Contract Law

...Subject: Contract Law Section 1 (1) D (2) C (3) D (4) A (5) D (6) C (7) A (8) E (9) A (10) D (11) E (12) A (13) D (14) B (15) E Section 2 A | 5 | B | 8 | C | 7 | D | 9 | E | 2 | F | 10 | G | 6 | H | 1 | I | 3 | J | 4 | Section 3 Question 1 (1) Repudiation or anticipatory breach – An anticipatory breach of contract occurs when one of the parties unlawfully and unequivocally refuses to render performance of the contract. Basically repudiation is when either party owns performance of the contract and refuses to render it, not because he is entitled to do so. The repudiation can either be accepted or refused by the innocent party. Take note that if the innocent party does so ignore the repudiation, the legal position of both parties will remain unchanged. The innocent party must abide by his choice once it has been made. He will also lose the right to rescind if he refused to accept the repudiation or if the repudiation hasn’t been accepted within a reasonable time. To constitute an actual breach of contract the repudiation must be accepted and notice should be issued to the debtor, by the innocent party and will then amount to a rescission of the contract. The creditor may sue for the contracts rescission and damages if the contracts performance isn’t due yet. (2) Default of the debtor (mora debitoris) Mora debitoris – this is a form of breach of contract......

Words: 5013 - Pages: 21

Premium Essay

Contract Law

...advert for the Fiat Punto and sent a letter of acceptance in the post. Advise Arnold on whether he has a contract with any of the above parties now that he has decided not tell sell his Fiat Punto. DEADLINE: 1 December 2011 Word limit 1500 words Format Word-processed Warning! Plagiarised and non-independent work will be zero-marked Assessment criteria By the end of this coursework, students should have been able to demonstrate: • An understanding of the formalities of the law of contract, particularly the principles governing the offer and the acceptance, • An understanding of the legal rules in respect of forming a legally binding agreement • The ability to apply the principles and rules of the law of contract in an accurate and cohesive manner • An ability to produce written material in a presentable format, using accepted legal principles, supported by relevant and properly-referenced cases and other authoritative sources • Competent use of IT (word-processing) Arnold decided to sell his car and he advertised in local newspaper as below “2009 Fiat Punto 1.3 Manual Diesel 47600 miles. Asking price £5000. Ring 077771234567. 6 Acacia Ave, London, SE10-9ZZ” In this scenario, there are three potential buyers known as Bob, Cynthia and Jason. They all believe that they have a contract with Arnold regarding to the sale of the Fiat Punto. The purpose of this essay is to identify and......

Words: 2059 - Pages: 9

Premium Essay

Remedies for a Breach of Contract

...Available for Breach of Contract Breach of Contract – the nonperformance of a contractual duty. A Breach of Contract occurs when one party of a contract fails to perform his or her specific obligations under a contract. Example: Alison Parker enrolled in a Business Law class, she has a friend, Phil Michaels that has taken the same class the previous semester. Phil offers to sell his used book to Alison for $25.00, Alison agrees. When they meet for the exchange, Alison has the money, but Phil has already sold the book to someone else for a higher price. Phil has breached their oral contract, and Alison is entitled for compensation. Remedy – the relief provided for an innocent party when the other party has breached the contract. There are two kinds of remedies available for a Breach of Contract: Damages and Equitable Remedies. Damages – the monetary compensation a nonbreaching party is awarded in a breach of contract. 1. Compensatory Damages – Damages that compensates the nonbreaching party for the loss he or she incurred as a result of the breach of contract. The monetary award is to replace the loss caused by the breach, to “make the nonbreaching party whole.” Example: Mary Ann is a professional house-sitter. She contracts to housesit for Ginger for the first three weeks of June for $3,000. The day before Mary Ann’s arrival to Ginger’s house, Ginger cancels and is in breach. Mary Ann was able to find another client, but because of the short notice, can only fill......

Words: 1649 - Pages: 7

Premium Essay


...movable at the time of identification to the contract for sale other than the money in which the price is to be paid. 3 UCC 2-104 (definition of “merchant”) 1 A person who (1) deals in goods of the kind or (2) otherwise by his occupation holds himself out as having knowledge or skill peculiar to the practices or goods involved in the transaction or (3) to whom such knowledge or skill may be attributed by his employment of an agent or broker or other intermediary who by his occupation holds himself out as having such knowledge or skill. 2 Common Law/Restatement 1 Applies to all other (non-UCC) types of contracts (e.g., services). 2 Restatement is not enacted law itself, but “common law ‘persuasive authority’ with a high degree of persuasion.” CONTRACT FORMATION 1 Definition of a Contract 1 A contract is a promise or set of promises for breach of which the law gives a remedy, or the performance of which the law in some way recognizes as a duty. 2 It requires an offer, acceptance, and consideration. 2 Offer 1 Common Law Definition: 1 A promise, undertaking, or commitment to enter into a contract, definite in its terms, and communicated to the offeree. 1 The manifestation of a present contractual intent that is certain as to time, price, subject matter, and parties and communicated to the offeree. 2 UCC 2-204 (Formation in General) 1 Requirements for a contract are relaxed under UCC 2 Court will imply...

Words: 7343 - Pages: 30

Premium Essay

Discuss About Prescription, Remedies for Breach of Contract

...which the debt can no longer be legally enforced and when this period has expired the debt is said to be no longer legally enforceable. The period of prescription is calculated from the day on which the debt becomes due. The following are the prescription periods for various kinds of debts Debt Period of prescription Judgement debt/mortgage bond 30 years Debt owed to the state 15 years Bills of exchange 6 years Debts arising from contracts (ordinary debts) 3 years. The Remedies for breach of contract. Breach occurs when a party fails to observe one or more sections of the agreed contract. An agreement is meant to be adhered to, so a breach or failer to observe the terms and conditions as well as the instructions thereof calls for certain measure to counter such unethical moves in the world of contracts and agreements. The innocent party will therefore be entitled to remedies for breach of contract. A breach by one party of his contractual obligations does not automatically discharge of the contract even though the contract states that it will do so because the party in breach cannot be permitted to profit from his own wrong by bringing the contract to an end if the innocent party wishes it to continue. A contract may be breached by Anticipatory breach(Madhuku, 2010). It can also be......

Words: 900 - Pages: 4

Premium Essay

Contract Law

...Elements of a Contract By Michael A. Petrat Business Law 206 Most people in our society are involved in contractual agreements of some kind. In most, if not all, aspects of law contracts can be found. Contracts are involved in family law, corporate law, employment law, litigation and real estate. Elements of a Contract: A contract is an agreement reached after sufficient consideration to do, or refrain from doing, some legal action. A contract is considered valid when two or more parties with capacity make an agreement involving valid consideration to do or to refrain from doing some lawful act. If these elements exist, the contract is valid. If one or more or these necessary elements is missing, the contract is void or voidable. In other words, it is not a true contract and therefore cannot be enforced. A void contract is no contract at all. It is not binding and no action can be maintained if it is breached. A disaffirmed is not necessary to avoid a void contract. If a contract can be rejected by one of the parties on legal grounds, it is called a voidable contract. A voidable contract is valid and binding unless the entitled party (the party who has legal grounds to reject the contract) voids it. A defect exists. The defect may be cured by ratification of the entitled party. The three basic components of a contract are the offer, the consideration and the acceptance. The following are six elements that are to help to determine whether or not the basic......

Words: 3196 - Pages: 13

Free Essay

Breach of Contract

...Business Law Breach of Contract A. The offeror in this dispute is Oakley, and the offeree is world famous golfer Rory McIlroy. Oakley fits the offeror position by offering Rory McIlroy money for them to sponsor him in return advertising their brand of merchandise. Rory McIlroy fits the position of offeree by being the person that accepted the contract and agreed to advertise Oakleys goods. The provisions of that contract include a "right of first refusal" issued to Oakley. This inclusion would allow Oakley the chance to approach McIlroy to present a competing offer against any other sponsorship or marketing deal offered by another company. B. It was never stated in the article for sure but one can assume with a brand like Oakley there was a substantial amount of money paid to the golfer and that there were free gifts that were given to him for the purpose of advertisement. C. Within the suit, Oakley claims that Nike has negotiated a new deal with the golfer. Oakley claims to have submitted an offer to match the terms of that deal, but that offer was not addressed by the star or his agent. In this way, Oakley claims that it was denied the right of first refusal as outlined in the contract. D. Oakley is claiming that McIlroy's refusal to renew his existing contract has caused the company irreparable damage, including the loss of $300,000 for a photo shoot of the star and products he was meant to promote in 2013. The company is asking for an injunction that...

Words: 372 - Pages: 2

Premium Essay

Breach of the Contract and Remedies for It

...Breach of the Contract and Remedies for It Breach of the contract is a situation when buyer or seller does not perform its obligations those are mentioned in the contract. By this way, there are some remedies for breach and the party which one does not fulfill his contractual promise should compensate all damages after breach. The main types of breach of contract are minor, material, fundamental, and anticipatory. Minor is a breach of contract that is less severe than a material breach and it gives the harmed party the right to sue for damages but does not usually excuse him from further performance. That means when a party to the contract fails to perform a part of a contract and the fail is very small and all parties can otherwise fulfil any remaining contractual obligations very easily without any consequences. Paul and Bill, two business partners, hire SevenSeas, Inc. to build them a boat. The contract says that SevenSeas will build the boat according to Paul and Bill’s specifications and that Paul and Bill will pay SevenSeas $2 million. One of the specifications that Paul and Bill lay out is that the boat must contain bullet-proof windows. SevenSeas builds the boat exactly according to specifications except for the windows, for which SevenSeas accidentally uses ordinary glass. Using the guidelines laid out above, the court would most likely rule that SevenSeas’ breach was minor: SevenSeas has basically finished performance, the breach was accidental, Bill and......

Words: 2235 - Pages: 9