Compose a 1750 words assignment on common law. Needs to be plagiarism free! The offeror has a duty to pay the agreed consideration once the offer has been accepted. Failure to do this will result in a breach of the contract occurring, which would entitle the offeree to bring an action for that breach.

Compose a 1750 words assignment on common law. Needs to be plagiarism free! The offeror has a duty to pay the agreed consideration once the offer has been accepted. Failure to do this will result in a breach of the contract occurring, which would entitle the offeree to bring an action for that breach.

In business, there are many different forms of contracts that will be established. Contracts might be made for the sale of specific items, but there are also likely to be employment contracts, partnership agreements, indemnity agreements, and a whole host of other agreements between various parties.

The 3 key elements of a contract are consistent throughout these business agreements. For an employment contract, the employer offers the employee the post advertised, with an agreement that if the employment offer is accepted the employer will pay an agreed amount to the employee for his services. Once the employee accepts the post, the consideration occurs when the employer pays wages to the employee. An employer is not allowed to change the terms of the contract without an agreement with the employee. In Managers (Holborn) v Hohne [1977] the employee successfully brought a claim for constructive dismissal when she was forced to resign as a result of the pay reduction and relocation to a branch significantly further away from her present place of employment.

In determining whether a contract has been fully constituted, the courts will consider the intention of the parties privy to the contract. To determine whether a breach of a contract has occurred, the court will examine the terms and conditions of the contract as well as the conduct of the parties. By doing this they can establish whether both parties intended to be bound by the agreed terms, and from there can determine whether the actions of either of the parties amounts to a breach. This is achieved by examining all the communications between the parties. In general terms, the final document in a series of communications will determine the terms under which the contract has been agreed7.

Where a business is involved in the selling of goods to consumers, warranty agreements might form a part of the contract for the sale of the items. Some warranties might require the buyer to make an additional payment, however, most goods will have a warranty period in which the goods can be returned without any further remuneration having to be paid by the customer. Warranties of this nature are simply guarantees issued by the retailer that the goods will be replaced or money be returned to the customer if the goods are found to be defective.

 
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