Any story about the contract applying the terminology of the contracts Essay

Any story about the contract applying the terminology of the contracts in the law - Essay Example Enrick wanted to buy a car. He found out that Mr. Edmund a mechanic who works with General live stores wanted to sell his car. On contacting him, Mr. Edmund agreed to sell his car and hence was the offeror while, Mr. Enrick became the offeree (Twomey and Jennings, 291). An offeror is the person intending to sell their goods. An offeree is the one intending to buy the car. Therefore, Mr.Edmund gave the offer to Mr. Enrick. An offer is the unequivocal manifestation by one of the parties about their intentions to enter into a contact with the other party. An offer may take various forms. It may be written, verbal or merely implied (Twomey and Jennings, 368, 369). A written offer is put into writing while a verbal offer is made when the two parties communicate their intentions through the word of mouth. The two parties to the contract were adults had the capacity to contract (Twomey and Jennings, 308). They had the capacity to contract because they had the legal rights to enter into a le gally binding agreement. During one evening, through a phone call, Mr. Enrick declared his interest to buy the car. The declaration to buy the car demonstrated his interest to get into the contract. However, the contract was a void contract. This is because the contract was not enforceable by law. ... Acceptance of a contract is the expression of complete or unconditional agreement to all the terms set out in the offer (Twomey and Jennings, 294). For the contract between Mr. Enrick and Mr. Edmund to be regarded legal and binding, it has to have express or implied terms. Express terms refer to the terms the parties adverted to during negotiation and agreed. In this case, written terms prevail over the unwritten terms of a contact. Implied terms are terms did not expressly incorporate into the contract, but were only implied. They can also be implied by the acts of parliament (Twomey and Jennings, 384). One evening Mr. Edmund invited Mr. Enrick to a dinner party in which they discussed the mode of payment that would be used to pay for the car, and other formalities that would be essential for the performance of the contract. Performance of contract occurs when the individuals within the contract ensure that they carry out their duties as stipulated in the contract (Twomey and Jennin gs, 411). The formalities that the two parties could have entered into must be in line with the law governing the country. It was agreed that the payment would be made through cash whereby a down payment would be made first, and the rest would be paid later when Mr. Enrick gets the car under his care and in good condition. Mr. Edmund promised to exercise due diligence to ensure that the car was in good order and was delivered at the appropriate time. Mr. Edmund was supposed to exercise due diligence since he has knowledge on the repair of vehicles and hence had a duty of ensuring that the car met all the needs of Mr. Enrick and was properly functioning. During negotiations, Mr. Enrick sought to know the details and any information regarding the offer. The request