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enforcement
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precedent
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Laws affecting
business
Law of contract
Common
elements of a
contract
Formation of a
contract
Definition? (tute)
A contract is and agreement which creates or is
intended to create a legal obligation between the
parties to it.
1. An agreement or a promise
2. The legal enforceability
The below elements of a contract should be present in
whole to form a valid contract.
When these elements are present a court will find that
the agreement is a contract.
If even one of the elements is absent in the contract the
contract will be null and void
1. Agreement between parties ( offer and
acceptance)
2. Intention to create a legal obligation ( actual
intention or presumed)
3. Consideration ( English law) / causa ( RDL)
4. Eligibility / capacity ( of the parties to enter in
to a contract)
5. Legality of the objective
Offer
and An offer or promise which is not accepted, is not
acceptance
actionable
Justice
Weerasooriya:
Sumanatwathie, (1962)
Muthukuda
v.
Offer
An offer is an expression of willingness to contract
on certain terms.
It is the elementary rule of making a contract.
It must be made with the intention that it will become
binding upon acceptance.
Offer can be made by express or implied by conduct
Pollock : an offer is a promise which is in its terms,
conditional upon an act, forbearance or return promise
being given in exchange for the promise or its
performance
Offerer
offeree
Offer / promise
Offer
accept
Promisor
accept promisee
Acceptance
The acceptance must be an agreement to each of
Consideration /
Causa
Consideration :
Simply it indicate giving value for the transaction
being made.
Pollock : the price for which the promise is bought
The doctrine of consideration is based around the
concept of
1. A benefit : for the promisor / offerer
2. A detriment : to the promise / offeree
3.
Either is sufficient to make the promise enforceable
English law use the doctrine of consideration to decide
whether a offer / promise is enforceable or not.
Types of
consideration
1. Executory consideration
Promises of the contract are not fully performed
immediately. The promise that the parties agreed
with will take place at a future date.
i.e. apartment lease
2. Executed consideration
A contract in which the promises are made and
completed immediately, like in the purchase of a
product or service
3. Past consideration
simply consideration given by a party before the
actual offer to be made is not accepted for the
actual contract
Causa
Intention to
create a legal
obligation
Lipton v Buchanan(1904)
Sir Thomas Lipton who was a famous planter in Sri
Lanka had promised Buchanan not to sue him for a debt
due to Lipton from
Buchanans former partner until Lipton exhausted all his
remedies to recover that debt from that partner. The
Supreme court held that the matter should be governed
not by English law but by Roman Dutch law under which
Liptons promise was legally enforceable because it was
made voluntarily and seriously
The law recognizes two distinguish types of agreement
1. Domestic and Social agreements family
matters
Where it is presumed that there is not an
intention to create a legal obligation
2. commercial agreements commercial maters
it is presumed that there is an intention to create
a legal obligation.
When forming a contract the contractual intention
must be present. The contractual intention of the
parties forming a contract has a legal obligation to keep
to the contract. If one party of the contract breaches
the contract the innocent party has the right to sue the
wrongful party in breach of contract because the
intention to create a contract has given legal
enforceability to the contract.
Eligibility/
capacity
Intoxicated persons
Minors
In Sri Lanka also under the
Ordinance No. 7 of 1865
the age of majority is 18 years.
Age
of
Majority
Legality of the
objective
government
2. Contracts contrary to public policy
3. Agreements conflicting with consideration
morality
4. Agreements restraining individual freedom
of