Legal Systems and Contract Law - resit Essay Example | Topics and Well Written Essays - 3500 words

Legal Systems and Contract Law - resit - Essay Example 4. The position of Constance in the existing circumstances and its impact on Calum. 5. Possible remedies available to Calum RULES In order to conduct a critical analysis of the case at hand, it is necessary to examine the relevant components of the English and the Scottish legal systems that differ. However, to set the discussion rolling, it is necessary to examine the general rules that define the concepts of offer, acceptance and contracts in both jurisdictions. English Common Law In order to form a valid contract, there must be an offer and an acceptance. In the general sense, an acceptance must match the terms of the offer and it. The specific method of acceptance must comply with the required method of acceptance1. Thus, if the offeror specifies that an offer must be accepted via one medium of communication, that medium must be used to accept the offer. In other cases, an equally appropriate method of communication of acceptance to the offeror might be sufficient to create a val id contract2. There is a general issue with acceptance of contract offers by post. This is because when a person accepts an offer via post, the offeror might not be aware. Some issues came up in relation to this trend of affairs and hence, a number of significant rulings came up which defined the postal rule in contract law. The postal rule states that an acceptance is effective the moment an offeree posts a document asserting his acceptance3. A lost letter or a delayed letter does not affect the validity of the acceptance4. However, in modern times, the postal rule applies where postal acceptance is specified as the means of accepting an offer5. Offer In the famous case of Routledge V Grant, it was accepted that an offer is valid until there is a revocation. In the case at hand, an offer was made by Grant to lease his premises to Routledge and he stated that he would keep the offer opened for 6 weeks. However, in the third week, Grant revoked the offer and sold it to another person . It was held that there was no contract between them and Grant could revoke the contract at any time and sell it to anyone he pleased6. This is the general law, however there are some modifications under Scottish Law in this. However, in Byrne V Van Tienhoven, it was established that revocation must be communicated to the offeree7. How an Offer May End It is a general position in English law that request for further details does not mean a rejection of the offer8. However, the lapse of reasonable time or specified time of the offer can render it invalid9. Also, failure to meet a given condition of the offer can render it terminated and the offer will not be available anymore10. A counter offer renders an offer invalid, however, in the case of Butler Machine Tools V Ex-Cello11, the House of Lords held that a counter offer creates some kind of bargaining which they called a â€Å"battle of forms† in which the â€Å"last shot wins†. Scottish Civil Law The relevant aspect of the Scottish civil law that is relevant in the law of contract relate mainly to promises, counter offers and remedies. They are discussed below. Promise A promise seeks to invoke a moral rule that obliges the promiser to keep his word. In most jurisdictions including English law, a promise invokes nothing more than a mere moral obligation which is not enforceable in court. However, promises