Beauty and Stylish

The making of their balance began with oral teaching from Stylish who had demands regarding the new house, to bequeath curtains, blinds, and windowpane coverings. stunner explained to Stylish that solely window coverings were provided in the hack like what Stylish wanted. some(prenominal) weeks later, Stylish had agreed, and so leads to pen adopt signing. This is when the numeral arose. in some manner Stylish signed the nip which bailiwick is contrary to what he originally demanded, different from their pre- requireual argument. That the assume price of the house excludes all window coverings, and is the duty of the purchaser.Stylish was upset when he realized that blinds, curtains and other(a) window coverings were non provided. They had a valid contract in spite of appearance their case, and the footing of contract atomic itemize 18 certainly non breached. Although in some manner there is a mis deputation in termination of Stylish demand and the content of the contract. The motion is whether the Stylish evoke get his contractual rights in relation to the window coverings. A contract disregard be defined as an agreement enforceable in honor. This suggests that there ar some agreements that are not enforceable in law.Whether or not a contract is enforceable in law firstly dep displaces on whether or not the succeeding(a) four statements are satisfied there must(prenominal) be an offer, acceptance of that offer, consideration or schedule to a lower place seal or deed, and intention to induce healthy relations. If hotshot of the mentioned elements is missing, there will not be a valid contract. Offer is an thoughtfulness do by one party as an offeror and the person who accepts the offer as offeree. In another words, offer is willingness by an offeror to embark into a legally binding contract with offeree.In this case, Beauty is an offeror who offered the contract, and Stylish is an offeree whom the offer is made for. a t once the offer has been set, then the next step is whether the contract would be accepted or not, which is accepted by Stylish, by signing the written contract. By signing the contract, it is presumed that the parties, Beauty and Stylish intended the document to be bound with sufficient consideration and thus creating legal relations. With the four elements, this contract is valid, recognized, and enforceable by law. In another words, Stylish can invoke supporter of the court. All contracts contain terms.Various statements whether oral or written, may be made in the course of negotiation. This is cognize as pre-contractual statements. But not all statements end up having the same legal effects. First, the statement made may be in a piss of puff. Such puffs cannot be taken seriously. They are advertisement or promotional statement which is not intended to be binding. Next, statements can be a representation. It may not be terms of contract, but could just be a statement that wo uld be more than just sales talk. Although representation may be in writing, it is not as a whole part of the contract.Finally, statements made could be term. Terms are statements that form a contract. Somehow terms and representations are so much alike. The struggle between a representation and a term depends on the intention of the parties and the actual facts of the case. If the intention of the parties is clear, then the statements they make can be considered to be a term of the contract. Otherwise it is just a representation. In Ecay v Godfrey (1947), the seller sold the boat to the buyer at 750 pounds. However, the seller expressly gave the buyer the chance to survey the boat.It was held that the suggestion by the buyer that the seller independently survey the boat to be a representation. In this case, although both Stylish and Beauty had a clear intention of how the new house should be done, but the problem is that when the contract was done, that the intention was somehow not fulfilled. The contract states that the price of the house excludes window coverings, and is responsibility of the purchaser. This statement is a representation because the statement was made orally but was not written in contract. So far the essential elements of a contract and types of terms in a contract have been considered.However, even if a contract has all the essential elements and terms, it may be still say as unenforceable if the vitiating factor is present. Vitiating factors are number of causes which may prevent a contract from beingness enforceable in law. The agreement may be vitiated to a void contract or rescindable contract by causes of mistake, misrepresentation, duress, undue influence, illegality. neutralise contract is treated as if there was no contract at all between the parties. either belongings received from the agreement must be returned, any items that have been resold to another party, may be returned as well.And any contract that violates public insurance policy is considered as void. Voidable contract 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. The unbound party is allowed to expunge the contract, which makes the contract void. The main difference between the cardinal is that a void contract cannot be performed under the law, while a voidable contract can still be performed, although the unbound party to the contract can choose to void it before the other party performs.