Building Contract : Law And Administration

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Building Contract : Law And Administration

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Building Contract : Law And Administration

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Question:
Discuss about the Building Contract for Law and Administration.

Answer:

Introduction
In this report various methods and rules have been taken into consideration for managing various cases and issues given. There are application of several laws such as contract law, sales contract and other methods. There are three questions which are related with the issues of contract law.
This case is connected with the contract law and its applicability to the acceptance of offers. This case is based on the rules and laws given on counter offers (McKendrick, 2014).
This case has shown that Chan made offer to sell his car to david for a certain amount. In revert, David showed his interest and told him that he will buy the car but he needs time to think. After some period of time David went to Chan to prepare legal documents as he wanted to buy the car. In the given case, it is observed that Chan was not bound to sell his car to David as there was no contract entered between David and Chan. Contract cannot be entered between two people unless offer and acceptance is made. In addition to this, both parties are at their liberty to perform their task and there is no obligation between both parties named David and Chan (Lando and Beale, 2010)
In the end, it would be inferred that there is no contract between Chan and David. Therefore, Chan was not bound to sell his car to David. David could not ask Chan to perform his offer unless contract is entered between both. As per the contract rules, there is contract between both parties and no one is obliged to perform the acts asked by other party. Now in the end, it would be concluded that David and Chan do not have any contract between them and there is no legal binding contract been formed between David and Chan (Schwenzer, Hachem and Kee, 2012).
This case is consisted with issues of acceptance of offer and counter offer made by parties to each other. The main issue in this case is related with counter offer made by Cammy to Tina with new terms and conditions.
The main rules which is applied in the given case between Cammy and Tina is related with contract law. The counter offer rules and regulation as given in contract law would be applicable in this given case. It was held in Hyde v Wrench [1840] EWHC Ch J90 that offer cannot become contract unless it is accepted. In this case, all the contract laws and regulations would be applicable. There are two parties who are making offers to each other for their business relation. In this case, counter offer rules and contract law would be taken into consideration.
In this given case, parties to the contract are facing problems with each others. In the starting Tina made offer to Cammy for supply products and after that counter offer is made by Cammy to Tina with different terms and conditions. As per the case Leicester Circuits Ltd v Coates Brothers plc – [2002] All ER (D) it was held that when one party makes offer to another party then after that other party makes changes in offers made by first. This process is called counter offer. In this case, contract enter between both party only when the last party. It is evaluated that in the starting Tina made offer to Cammy to supply goods at his terms. After that, Cammy made counter offer to supply goods and services at her terms and conditions. These result into two different offers from each other side. This case will become the contract when Tina will accept the offer made by Cammy either oral or written. Till then there is no obligation on both parties (Adriaanse, 2016).

In this case, it is given that both parties are making offers to each other. In the end, as per the contract law it is decided that there is no contract exist between both parties. It is given that in order to create contract there should be offer and acceptance. These are the essential elements of contract (Cartwright, 2016).
The issue which arouse in this case, is related with performance of contract. In this case Lee and Harry both entered into contract on clear term that if Lee fails to make payment within the given time period then it contract will be terminated (Collins, 2003).
This case is related with contract of law and both parties have entered into contract. There are several rules and regulation as per the contract law. In the case of Ritchie V Atkinson (1808), it was held that if parties to contract fail to perform their contract then it would result into breach of contract on the terms of aggrieved party. There are two parties who are making offers to each other for their business relation. In this case, counter offer rules and contract law would be taken into consideration. In addition to this, there will be no applicability of promissory estoppels as there was no subsequent contract entered between both parties. Parties to contract will be bound to follow contract law rules and regulations and failure in performance of contract would result into breach of contract (Ndekugri and Rycroft, 2014).
In this case, Lee and Harry entered into contract with each other for performing certain performance. It is evaluated that Lee fails to perform his part and did not make payment within the due date. In this case, it is evaluated that Lee had conversation with the solicitor of Harry to extent its due date of payment. However, there was consent whether the payment time would be extended or not. Therefore, there is so collateral contract between both parties. Now Harry could easily terminate the contract if Lee fails to perform his part. Therefore, as per the Ritchie V Atkinson (1808) it was held that if parties to contract fail to perform contract then they aggrieved party could terminate the contract on the basis of non performance contract (DiMatteo and Hogg, 2015).
Conclusion
Now in the end it would be inferred that Harry could terminate the contract if performance of contract is not made by lee. In addition to this, there would be no promissory estoppels between party as there is no subsequent or collateral contract between both parties due to lack of acceptance of offers by harry.
Now in the end it would be inferred that these all questions are related with several problems which area associated with the contract law. All the problems in this report have been justified with the separate cases. It is evaluated that in order to create contract between parties there should be offer and acceptance.

References
McKendrick, E., 2014. Contract law: text, cases, and materials. Oxford University Press (UK).
Andrews, N., 2015. Contract law.Cambridge University Press.
Lando, O. and Beale, H., 2010. Principles of European contract law. Kluwer Law International.
Schwenzer, I., Hachem, P. and Kee, C., 2012. Global sales and contract law.Oxford University Press.
Collins, H., 2003. The law of contract.Cambridge University Press.
Adriaanse, M.J., 2016. Construction contract law. Palgrave Macmillan.
Cartwright, J., 2016. Contract law: An introduction to the English law of contract for the civil lawyer. Bloomsbury Publishing.
DiMatteo, L.A. and Hogg, M., 2015. Comparative Contract Law: British and American Perspectives. Oxford University Press.
Ndekugri, I. and Rycroft, M., 2014. JCT98 Building Contract: Law and Administration. Routledge.

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