Contract law assignment Essay Example | Topics and Well Written Essays - 3000 words

Contract law assignment - Essay Example struction despite the fact that they have not communicated their acceptance in writing, hence there is an objective reference that may be drawn that they have accepted the contract with the additional provisions inserted by Mrs. Lowrie, as per the precedent in Brogden v Metropolitan Railway3 where performance of the contract was deemed to constitute unconditional, final and unqualified acceptance, motivated by the offeree’s knowledge of the offer.4 In the case of G. Percy Trentham Ltd v Archital Luxfer6 it was held that the Courts should take into consideration the fact that English law approach to contract formation measures it by the yardstick of the reasonable expectations of sensible businessmen. Therefore, in a dispute between the two parties on price, the written transactions between them will hold more weight and Jerry’s performance of amended contractual terms will render them final and accepted. Hence, the contractual terms will be a contractual price of 150,000 pounds with 6000 pounds withheld subject to conditions stated by Mrs Lowrie. 2. The document signed on April 4 represents substantially, the terms between the parties, since Mrs. Lowrie has set out some terms which have not been rebutted before performance7. However, there are also provisions spelt out in the standard form building contract, as per Clause 4 of the April 4 document, which will be additional contractual documents. (b) (1) This oral statement may be considered to be only a representation, since it was not later spelt out in writing8. Moreover, since this issue was not spelt out in writing, the Court may draw the conclusion that the parties did not intended them to be contractual terms9 and therefore not actionable. (b) (2) (3) These statements will be considered to be contractual terms, since they have been instrumental in inducing Mrs Lowrie into entering the contract.10 Moreover, since these statements have been made very close to the actual date of the contract,