Communication of Acceptance | Contract Law

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- A. Naidoo, Complete Contract Law: Text, Cases, and Materials (Oxford University Press, 2021).
- M. Chen-Wishart, Contract Law (Oxford University Press, 2022).
English contract law is a body of law that governs the creation, interpretation, and enforcement of contracts in England and Wales. It is primarily based on common law principles, developed through court decisions over time.
In English contract law, a contract is a legally binding agreement between two or more parties. It requires an offer, acceptance, consideration (something of value exchanged between the parties), and an intention to create legal relations. Contracts can be written or verbal, although written contracts are generally preferred for clarity and evidence.
English contract law emphasises the principle of freedom of contract, allowing parties to negotiate and agree on their own terms, subject to certain legal limitations. However, there are also statutory provisions, such as the Consumer Rights Act 2015, that protect consumers and regulate certain types of contracts.
When a contract is breached, the injured party may seek remedies such as damages (monetary compensation) or specific performance (forcing the breaching party to fulfil their contractual obligations). English courts also recognise the doctrine of privity of contract, which generally limits the rights and obligations under a contract to the parties involved.
It is important to note that contract law can be complex and subject to interpretation. Legal advice from a qualified professional is recommended when dealing with specific contract issues.
Disclaimer:
At no point are these video lessons intended to provide any sort of legal advice. These are for educational purposes only!
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[@thelawacademy1]

If you have any questions, let us know in the comments below!

[@mixedemotions8458]

Really enjoying your series. Thanks. You have a really nice voice to listen to! Here's a question though - a contract exists between A and B. A claims B has breached the contract and A sends B an offer - make good on your contractual obligation or we will terminate. A inserts a clause in the offer stating that if no response is received - a notice of termination will be sent out.
A also states that no response will be taken as B's agreement to a list of statements.
No response is received. Termination notice is sent out and A now presumes B to be in agreement.
Will this tacit agreement stand?
A was clear that failure to make good on the original obligations and failure to respond would be agreement?
Would B's silence and also their failure to act on what was originally agreed on give weight to the claim A now makes that B is in agreement to the terms expressed?

[@sjc9738]

Doesn’t this conflict with the postal rule ?

[@PScience]

What if we write in the offer that the acceptance of the offer means that the contract will be signed under the legislation and jurisdiction of UK?