Contract law Essay Example | Topics and Well Written Essays - 2500 words

Contract law - Essay ExampleLastly, an advice go out be given to the aggrieved parties, in this case Backstreet Boyos and Basils Bistro, based on the available heavy redress mechanisms. Analysis of whether headmaster Melbray v the Backstreet Boyos and Basils Bistro was a legally binding system The separate contracts, between Lord Melbray and the Backstreet Boyos for entertainment appearance on one hand, and that with the Basils Bistro for planning of lunches on the other hand, can be classified as legal contracts. This is because a contract refers to an agreement that is entered by two exclusives or parties voluntarily, with an objective to create a legal obligation for the performance of the agreement1. Lord Melbray approached the Backstreet Boyos and Basils Bistro for provision of their several(prenominal) services during the wedding of his daughter, and the two parties willingly and voluntarily concord to provide their services. Therefore, the first fundamental requiremen t for a legally binding agreement was met, since mutual take on acted as the basis of all the parties entering into the contract in question. A case in lodge is the case Balfour v Balfour 2 KB 57119191, the husband, Mr. Balfour promised to be sending his wife $30 every month after the started living apart, just now later rescinded the decision and asked that they separate. The wife sued for the continuous fee of the promised monthly payment, but the court held that since it was a voluntary move by the husband, in a domestic issue, the continued payment was unenforceable, since there was not any intention to make a legally binding agreement1. This step is followed by the evaluation of whether the necessary elements of a legally binding contract were present in the agreement made. For a contract to be considered legally binding there requires being two basic elements, namely offer, acceptance, and consideration2. The render of the law of contract requires that the parties windi ng must agree on the contractual terms, through a shock of the minds, without any party giving a diversionary view regarding the contractual terms, which would amount to a homecoming offer2. A case in example is the Smith v Hughes LR 6 QB 597 1871, where the ruling held that should the conduct of an individual be that he is acting in a way that a reasonable will would entrust that he was assenting to the terms proposed by the other party, then, the man would be bound as though he had intended to fulfill the agreement2. In the case Lord Melbray v the Backstreet Boyos and Basils Bistro, the parties involved agreed on the terms of the service, where Lord Melbray was to pay both the Backstreet Boyos and Basils Bistro for provision of their respective services, while the parties agreed to these terms, without varying the terms of the agreement. In this case, Lord Melbray made an offer, while the Backstreet Boyos and Basils Bistro accepted the offer as given. Consideration is yet anoth er necessary element for an agreement to peg down as a legally binding agreement3. A consideration refers to something of value that the party making a promise, the promissor, should give to the promisee, in