Improving Performance
...state of law.
The contract is formed together by two or more parties which are made by them agreeing on a certain statement or something which they are loyal to.
The contract is first started by the offer and acceptance.
The offer is made when one person proposes a set of terms to the other person and then once the intention is their, that both parties have accepted the terms then they will be bound in the contract.
The offer can be made verbally as well because this is just as enforceable as contracts in writing.
If an invitation has been made to treat, this shows that this is an invitation to negotiate or an invitation to make an offer.
Whoever is the person or party introducing the offer verbally then they must show intent that they want to enter a contract.
Verbal contracts are commonly used between two parties because it is very quick and easy, however there is a main problem with verbal agreements, this is that if any issues arise their shall be a big problem where there is no witness to be at the verbal agreement so what happens is that it eventually becomes 1 word against the other word.
Even due to this problem law still contest’s the verbal contract, and therefore it is fairly easily contested.
The Carlill v. Carbolic Smoke Ball Company case is an example of where offer is specifically undermined.
Within the advert of the carbolic smoke ball , it stated that £100 reward would be given to any person who still gets the influenza flu whilst taking the carbolic smoke balls.
They stated:
£100 reward will be paid by the Carbolic Smoke Ball Company to any person who contracts the increasing epidemic influenza, colds or any disease caused by taking cold, after having used the ball three times daily for two weeks according to the printed directions supplied each ball. £1000 is deposited with the Alliance Bank, Regent Street, showing our...
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