There is no contract unless the following requisites concur: 1 Consent of the contracting parties; 2 Object certain which is the subject matter of the contract ; 3 Cause of the obligation which is established. Consent is manifested by the meeting of the offer and the acceptance upon the thing and the cause which are to constitute the contract. The offer must be certain A contract will be considered void , for example, when it requires one party to perform an act that is impossible or illegal. A " voidable " contract , on the other hand, is a valid contract and can be enforced. Usually only one party is bound to the contract terms in a voidable contract.
Law Contract Case Study
Law Contract Case Study - Words | Bartleby
Case Studies Analyses Contracts, business, and laws are three simple little words, but when put together they have a substantial impact on our everyday lives. Below we will discuss three case studies. The first case is between Chris, Matt, and Ian vs. Donald Margolin, who was injured when he used an aftershave lotion that he bought off the internet called Funny Face. The second case is between Sam, his landlord, and a national chain store.
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Cundy v Lindsay —78 LR 3 App Cas is an English contract law case on the subject of mistake , introducing the concept that contracts could be automatically void for mistake as to identity , where it is of crucial importance. The problem for the courts was essentially which of the two innocent parties should bear the loss of the goods. They received correspondence from a man named Blenkarn. The Divisional Court held that Lindsay could not recover the handkerchiefs from Cundy. Blackburn J , giving judgment, held the following.
Even if you meet all of the requirements to form a valid contract, you may find that your contract is void. A contract must have several elements to be legally enforceable:. Contracts can be written or oral although certain types of contracts must be in writing, such as contracts for the sale of real estate , but they must contain those four elements.