12/13/2019 0 Comments
Contract in business - Essay Example
In the first place, it would be noted that a contract does not necessarily have to be a written document. It is against this backdrop that the society goes on further to mention examples of contract to include â€œpurchase any goods, buy a house, engage a builder to carry out work on your house, borrow money, order goods or machinery from a manufacturer, or sign up for a telephone plan.â€ Indeed, in most of these cases, there is no signing of a written document but there still exists a contract. To Simon therefore, he could still have had a contract without having a written documentation.
The second and most important aspect also has to do with the fact that a contract but be legally binding between two people. What this means is that all two people or two parties involved must have the word of the other that they are going to deliver their sides of the agreement without fail. However, in the case of Simon, when he sent the order for the purchase, he received no confirmation from Huddersford confirming that Huddersford had put himself in the deal and so would have to fulfil his part of the agreement. In simple terms, there was no binding contract between the two parties.
Building on from the last point on the need for a contract to be a legal agreement between two or more parties, it would indeed have been a lot of difference if John had sent the letter of acceptance. If for nothing at all, the letter of acceptance would have constituted the Johns part of the agreement on behave of the bookshop and this would have given Simon much ground to argue for a breach of contract. Having said this, it is important to emphasise that Simonâ€™s only quest for a bidding contract has to do with the single purchase of the â€œFly fishing in the Wyeâ€ by J.R. Marple and not the bookshopâ€™s failure to deliver a book to him. If as part of the mailing list that Simon received there was any assurance that any one who placed an
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