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Contract Law Assignment 3

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In this essay, it would be necessary to discuss certain legal issues in contract law in order to advise A on the enforceability of the mortgage her and her partner, B, took out from... Bank for ... Ltd.

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Contract Law


In this essay, it would be necessary to discuss certain legal issues in contract law in
order to advise Alice on the enforceability of the mortgage her and her partner, Jack,
took out from County Bank for Local Builders Ltd.


One of the legal problems that contract law deals with is intention. This occurs when
both parties intend to enter into a legally binding contract with one another in which
the agreement's terms are mandatory. A case which relates to intention is that of
‘Simpkins v Pays (1955)’. In this situation, the question is whether Ms. Pays intended
to give Ms. Simpkins one-third of the prize money as they originally decided. The
court decided that because they are related and wanted to use Ms. Pay's name, they
should all share the prize money equally. Similarly, Alice and Jack planned to get a
mortgage to pay for their construction business.


Consideration is another legal topic that arises in the context of contract law. This is
when both sides will try to reach an agreement. In exchange for a return guarantee,
one party will make a promise. A case which relates to consideration is that of
‘Balfour v Balfour (1919)’. In this case, the plaintiff failed to have any consideration or
consent for the defendant to pay the £30, so she was unable to pursue her claim
further. When Alice and Jack decided to get a mortgage interchange in exchange for
money for the construction business, they made an unintended deal.


Another legal problem that is related to contract law is agreement. Contracts are all
agreements reached between parties. For an agreement to be legally binding, all
parties must agree that they are entering into a legally binding contract that can be
enforced. This was done in Alice and Jack's case when they decided to get a
mortgage for their joint house, which they own as protection for the other party, the
bank.


Acceptance is another legal question that arises in the context of contract law. This
occurs when one party makes a proposal to another and the request is approved. A
case where it didn’t get accepted that relates to acceptance is that of ‘Hyde v
Wrench’. In this situation, Wrench offered to sell Hyde a farm for £1000, but Hyde
demanded a reduction to £950, which Wrench refused. Hyde initially accepted
Wrench's first bid, but Wrench turned it down as well. Similarly, when Alice and Jack

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