Business Law - the Nature of English Law

Starting with English legal system, The Nature of English Law ^[1]All legitimate business need to operate with the framework of the law and it is fundamental for persons working within the business. For example a contract will only value to a business if is legally enforceable. The law sets rule for the setting up and administration of certain types of business and governs area of employment staff specialist legal advice usually obtain legal issues, it is fundamental to understand the centre principle of business law and to know when to look for legal advice.

There are there company in an assignment brief, the coffee shop PLC, Quick Clean Ltd and Swift Cleaning Solution Ltd. The main concept in this essay is an offer and acceptance also relating to the coffee shop who was in need facilities management services to get in touch with them and between from the 1st February till 6th February the coffee shop receive offers from Quick Clean and Swift cleaning solution. The coffee shop will decide who to give agreement and contract for 12 month in the Northwest below this page.

Contract Law

A legally binding agreement made between two or more persons by which rights are acquired by one or more to acts or avoidances on the part of the other or others.

For a contract to be legally binding the parties to the contract must have an intention to create legal relations. If the parties disagree whether there was such an intention the issue will decided by the court. ^[2]For example in the case of Parker v Clarke (1960).

The Nature of the Agreement: Offer and Acceptance

(A)

The Coffee shop, quick Clean and swift Cleaning Solutions as to legal liabilities.

Offer

^[3]An offer is a recommendation put by one person (or persons) to another person (or persons) coupled with coupled with a sign that he or she is willing to beheld to that recommendation. The offeror the person who makes the offer may make the offer to particular person or to a group of person or people generally as in a reward case. ^[4]The offer may be in writing or spoken or by conduct.  In assignment brief the coffee shop PLC in need of facilities management service in northwest cafes and they placed an advertisement in a newspaper, asking for facilities management services providers to get in touch with them. For example the case of (Maple Leaf Macro Volatility Master Fund v Rouvroy).  

On the 1st February the coffee shop sent letter to Quick clean ltd offering them a contract to manage the facilities of all the coffee shops which is in the north west for the next 12 months also a cost of £17,500 per annum (per year). This is the offer from coffee shops to quick clean ltd, this letter should respond by return post.

On the 4th February the coffee shops received an offer from Swift cleaning solutions who had also seen the advertisement in the newspaper about facilities management work for £16,00 per annum (per year).

On the 5th of February coffee shops offered them the contract at £15,000 per annum.

 Acceptance

^[5]Acceptance of an offer is the unconditional agreement to all the terms of the offer and acceptance may be made orally, in writing, demonstrating by the behaviour of the offeree then again the fall of mallet in sale. Requirements for offer and acceptance as a general rule, sufficient agreement for the formation of a contract is produced by an offer and being made by one party and accepted by another. For example the case of (Flack v Williams [1990] A. C. 176).

On the 1st February the coffee shops was wrongly addressed and was not delivered to Quick Clean until the 6th February.  The general rule that acceptance takes effect only when it is communicated to the offeror which is the coffee shop who communicated to Quick Clean, raises difficulties where the acceptance is sent by post. The acceptance may be delayed or even permanently lost, in the post. In this case is whether the offeror (coffee shop) or the offeree (Quick Clean) should bear the risks. The rule that an acceptance by post takes effect as soon as it is posted. This special rule relating to the post was laid down in this case of ^[6](Adams v Lindsell (1818).

Moving on to the Quick Clean replied at once and accepted the offer. The acceptance letter was posted at 10.00am on the 6th February. There is no agreement made to accept the offer.

On the 6th February coffee shop sent a fax to Quick Clean, advising them that the offer of the 1st February was revocation (withdrawal). Quick Clean was received a fax on the fax machine at 9.30am on the 6th of February, but there was not read by anyone until the 5.00pm on the same days. ^[7]An offer can revoked at any time before it is accepted, once revoked, acceptance is no longer possible. ^[8]However a revocation need not be communicated by the party himself. It is sufficient if the offeree learns from a third party that the offer has been revoked. For example in the case you can see on (Dickinson v Dodds (1876, CA).