Please see the outline for the assignment.
Introduction
·
Definition of a Contract: Explain what a
contract is, its importance in law, and the basic elements required for its
formation.
·
Purpose of the Analysis: State the aim of the
essay, which is to critically discuss the concept of an offer, its
requirements, and the impact of unclear terms on the enforceability of an
offer.
·
Structure Overview: Briefly outline the main
sections of the essay.
Paragraph 1: Concept of an Offer
·
Definition and Characteristics: Explain what
constitutes an offer, differentiating it from an invitation to treat.
·
Requirements of an Effective Offer:
o
Intention to Create Legal Relations: Explain the
necessity of the intention to be bound by the offer.
o
Certainty of Terms: Discuss the importance of
clarity and specificity in the terms of the offer.
o
Communication of the Offer: Explain how the
offer must be communicated to the offeree.
Supporting Case Laws:
·
Carlill v Carbolic Smoke Ball Co: A landmark
case illustrating the elements of a valid offer.
·
Pharmaceutical Society of Great Britain v Boots
Cash Chemists: Case discussing the distinction between an offer and an
invitation to treat.
·
Harvey v Facey: Case demonstrating the
importance of clear terms in an offer.
·
Gibson v Manchester City Council: Case
illustrating the significance of intention and clear terms.
·
Partridge v Crittenden: Case showing the
difference between an advertisement and an offer.
Paragraph 2: Impact of Unclear Terms on an Offer
·
Importance of Clarity: Discuss why clear terms
are essential for the validity and enforceability of an offer.
·
Consequences of Unclear Terms:
o
Void for Uncertainty: Explain how a contract can
be deemed void if the terms are too vague.
o
Interpretation Issues: Discuss how courts
interpret unclear terms and the potential for disputes.
Supporting Case Laws:
·
Scammell and Nephew Ltd v Ouston: Case
highlighting the effect of vague terms on contract enforceability.
·
Hillas & Co Ltd v Arcos Ltd.: Case
discussing how courts handle contracts with unclear terms.
·
Foley v Classique Coaches Ltd.: Case
demonstrating the possibility of resolving unclear terms through reasonable
interpretation.
Conclusion
·
Summary of Key Points: Recap the main arguments
and findings from the essay.
·
Importance of Clear Offers: Reinforce the
significance of having clear and precise terms in an offer to avoid disputes
and ensure enforceability.
·
Final Thoughts: Provide any final observations
or thoughts on the topic.
Bibliography
·
List of References: Ensure all case laws and
sources cited in the essay are listed in APA format.
Additional Tips
·
Critical Analysis: Throughout the essay, provide
critical analysis and commentary on the cases and legal principles discussed.
·
Coherence and Flow: Ensure each section
transitions smoothly to the next, maintaining coherence and logical flow in the
essay.
·
Word Count Management: Aim to keep the word
count within the 2000–3000 words limit by being concise and focused on each
section.
