LA4122 Contract Law 2 Assignment Example UL Ireland
The principles of contract law, including the grounds upon which contracts may be discharged or avoided and remedies available to ensure performance. This course will focus on the law of contract of Ireland, including constitutional and statutory provisions, basic principles of contract law, and specific topics such as consideration, contract formation, the duty of good faith and fair dealing, remedies for breach of contract, and contract defenses.
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In this course, there are many types of assignments given to students like individual assignments, group-based assignments, reports, case studies, final year projects, skills demonstrations, learner records, and other solutions given by us.
On successful completion of this module, students will be able to:
Assignment Activity 1: Identify the key elements in establishing the parameters of a contract either by expressed or implied terms:
The key elements in establishing the parameters of a contract either by expressed or implied terms are:
- Offer and Acceptance: An offer is an expression of willingness to contract on specified terms; an acceptance is the expression of willingness to accept the proposal. An offer may be absolute or qualified. An offer is absolute when it is a clear, definite, and unconditional expression of willingness to contract. An offer is qualified where the terms are not clear or definite, and the offeree is invited to accept the proposal on a different basis. An offer may be revoked before the acceptance is made. A revocation can be either: (1) by express words, (2) by conduct, or (3) by lapse of time.
- Intention to create legal relations: The parties must intend to create legal relations. The intention to create legal relations must be sufficiently manifested. The contract may be concluded through an offer and acceptance, and the parties must intend to create legal relations.
- Consideration: Consideration is the price of a contract. Consideration can take various forms. Consideration may be: (1 ) a promise; (2) a benefit or detriment; (3) the breach of a promise; (4) the performance of an act; (5) the forbearance of an act; and (6) a change in the legal relations of the parties. The common law rules as to consideration have been modified by statute.
- Capacity: Capacity is the ability to enter into a contract. A contract made by an infant who has not attained the age of 18 years is voidable at the infancy’s discretion. A contract made by a mentally incapacitated person is voidable. A contract made by a person who is intoxicated is voidable as a matter of public policy.
- Legality: The contract must be within the law. An agreement that is immoral, illegal, or contrary to public policy is void. However, an immoral or illegal contract is not void if the party seeking to avoid the contract has expressly or impliedly ratified it.
- Object and subject matter: The object or subject matter of a contract must be definite and certain. A contract is not a valid agreement to agree to; in other words, a contract must be certain in its terms.
Assignment Activity 2: Specify the judicial or legislative requirements that imply terms into an enforceable agreement:
The judicial or legislative requirements that imply terms into an enforceable agreement are considering what is reasonable in the situation, considering what is reasonable in similar circumstances, and considering what is provided for in the contract.
The legitimacy of an agreement is based on the requirements of the law, including both judicial and legislative requirements. Considerations of what is just and reasonable may suggest terms that are enforceable in contract law.
A contract is entered into when one party promises to do something in return for something that the other party promises to do or to do something in the future, in the event something happens. Contract law is substantiated at five levels, which are discussed in this article.
A contract is avoidable, however, if the party defrauded is under the age of eighteen. The individual committing the fraud, as well as any person who knew, or who should have known, about the fraud may be considered as guilty as the party who committed the fraud.
In order for a contract to be valid, it must be definite. Clearly, a contract is voidable if the party defrauded is under the age of eighteen. If the party committing the fraud is a person under eighteen, then any person who knew about the fraud may be considered as guilty as the party who committed the fraud.
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Assignment Activity 3: Outline the basis for not enforcing certain types of agreements due to public policy:
The basis for not enforcing certain types of agreements due to public policy is that the courts will not enforce an agreement that would be contrary to the public interest. This may be because the agreement would be harmful to the public, or because it would be unfair to one of the parties. For example, a court will not enforce an agreement that would require a party to break the law, because it would be contrary to the public interest for people to be able to get out of criminal convictions by making a deal with someone else. Similarly, a court will not enforce an agreement that is grossly unfair to one of the parties, such as an employment contract that requires an employee to work without pay.
Assignment Activity 4: Differentiate the factors that vitiate the existence of a contract based on mistake, misrepresentation, duress, and undue influence:
- A mistake occurs when one or more of the parties believes that the terms of the agreement are different than what was intended. One example of a mistake is when a store mistakenly doubles the price of an item and the customer insists on buying it anyways.
- A misrepresentation is when one party provides false information to the other party. This may be deliberate or accidental and the likelihood and severity of consequence will factor into whether or not a court will enforce the contract. For example, misrepresenting the location of a house for sale will result in a contract that not be enforced for this mistake.
- Duress is when one party forces the other to sign the contract. This they may do by threatening harm, using physical force, or using unlawful detainment. If this coercion is present, the contract will not be enforceable.
- Undue influence is when one party takes advantage of its position of power and exploits the other party. One example of this may be when an older sibling takes advantage of a younger sibling and requires them to sign a contract.
Assignment Activity 5: Distinguish the consequences of bringing a contractual relationship to an end depending on the path chosen, including remedies and sanctions:
The consequences of bringing a contractual relationship to an end depend on the path chosen. In particular, they will vary depending on whether the contract is terminated by mutual consent, by one party or the other, or by a court order.
If the contract is terminated by mutual consent, both parties are free to go their own way and no significant sanctions are likely to be imposed.
In the case of the termination of the contract by either party, the party terminating the contract is not legally required to compensate the terminating party. However, a court may award compensation to either party if they believe there is a breach of a duty of good faith and conscience.
In the case of the termination of the contract by court order, there may be a range of sanctions imposed. For example, a court may impose a suspension of the contract. In other cases, a court may void the contract, or impose a penalty on the breaching party. At the extreme, a court may award damages to the other party.
Assignment Activity 6: Critique the ability of the law to regulate the voluntary agreements of private citizens:
The ability of the law to regulate the voluntary agreements of private citizens is a very important aspect of contract law. Contract law is based on the idea that if two or more people agree to a contract, then they should be bound by its terms.
The importance of this idea to society as a whole cannot be overstated. The whole concept of civilization is based on people being able to trust each other and act accordingly. If people could not rely on each other, then human society would collapse into chaos and anarchy.
In addition, laws that govern contracts are designed to protect both parties in a contract from having their rights violated by the other party. For example, if one party in a contract does not perform his or her obligations under the contract (the failure to perform can be called breach), then there must be some way for the injured party to recover damages for his or her loss.
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