Short answer Questions Essay Example

Question 1

What are the three essentials required to establish a valid simple contract under common law?

Solution:

The three essential elements include;

  1. There must be a form of agreement that should be presented both as an offer and acceptance.

  2. There must be immediate intentions to develop legal relations.

  3. There should also be a form of consideration

Question 2

Must a contract be in writing to be enforceable in a court of law? Explain your answer.

Solution:

No, it is not necessary that a contract be in writing to be enforceable since it can either take the form of an expressed or implied state. An expressed state can take the form of writing or even spoken words for that matter while implied takes the form of a conduct.

Question 3

In relation to agreements in the law of contract, briefly describe two (2) rules for offers.

Solution:

First, offers can be expressed or implied. This means that it can take the form of writing, spoken words or even implied through conducts of the specific party.

Second, it is expected that an offer should be communicated to the other party. This should be done through attracting the party’s attention towards the matter at hand so that there can be acceptance.

Question 4

In relation to agreements in the law of contract, briefly describe two (2) rules for acceptance.

Solution:

First, it is expected that all acceptances should be fulfill the elements of an unconditional response. This means that no party should be compelled to accept an offer if they wish not to consent.

Secondly, it is expected that the acceptance should be made in response to the offer at hand. Basically, this means that the acceptance and offer should match so that at no particular moment should the offeror make acceptance to a different offer altogether.