The purpose of this report is to enhance understanding of individual in the context of legislation of contract by evaluating principles and regulations related to this. The area that covered in this report are:
- Discuss the English Law and Roman Dutch Law principles of contract.
- Determine the factors affecting the contractual liabilities and elements of contract.
- Analyze the consequences of contract breach and determine proposed remedies for breach of contract.
- Explain the circumstances of discharge of contract as well as doctrine of frustration and its legal effects.
INTRODUCTION
Contract is major agreement that has been developed between two parties that will help in better rise in mutual understanding between parties that work with each or. A contract is legal binding that ensures proper execution of trade activities between two or more concerning parties (McKendrick, 2014). Various legal operations have been taken by parties to mitigate restrictions and shortcomings associated with contract and or operations related to it. Various principles and contractual obligations have been discussed within firm and consequences on breaching of contract have been focused upon.
TASK 1
P1 Defining contract and demonstrating English Law and Roman Dutch Law principles of contract.
P1.1 Contract and its formations and principles
A contract is legal agreement that help in proper and developing of a good mutual understanding of parties entering in a contract. English and Dutch legal system are quite similar and follow same obligations that have been taken in consideration by people in contract. The basic principles of contract involve following different elements like offering, acceptance, considerations, mutuality and obligation, assessment of competency and instrumentation. The formation of contract involves following steps:
Offering: it in providing of contract to concerning party to whom contract is concerned with. It is condition when a concerning party is offering a treat or a bidding to apply for business.
Auctions: in this bidder sells or hand over commodity or asset in return of particular amount or entity. However, auctioneer has right to accept or reject proposal (Knapp, Crystal and Prince, 2016).
Display of Goods: This is situation or practice where commodity or product has been displayed to or concerning parties. Based on view and assessment of quality, before buying.
Advertisement: It is promotion of goods and services that will help in generating awareness and insight among customers.
Tender: It is proposal to advertisement but seller will see through most economic or best proposal suiting his requirements.
P1.2 Contract law under English and Dutch legal system.
The contract law ids equally operational in both, English and Dutch Law, which thus helps in better formations and development of a contract within a firm or by a business entity. In both law types, re is a pre contractual liability, which is required to be fulfilled by concerning parties before entering in a contract. In Dutch legal system special emphasis is been laid upon contract law, while in English legal system it has been considered as common law (Kötz, 2017).
P1.3 Summary of legal precedents and principles
In an organisation as per common law system, a legal precedent is condition that will help in better development of legal authority in organisation or a system. The legal binding and allocation of legal measures will lay very deep influence on overall operations. Various legal principles will have a deep influence on operations performed by firm. For example, as per case study, if A had been in contract with B, mobile phones deal must have not went off. A good contract helps in proper management of wide range of operations that will support a good rise in compatibility and management of organisation.
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