Sample Essay on:
Contract Law; Have Contract Terms Been Breached?

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Essay / Research Paper Abstract

This 6 page paper looks at a case where a newspaper advertisement is placed advertising facilities for a hotel that are not available when the guest arrive and a price that is lower than the price charged. The paper looks at whether the advisement is a offer or an invitation to treat, and then at if the promises in the ads are terms or mere representations. The paper is written with reference to English law. The bibliography cites 5 sources.

Page Count:

6 pages (~225 words per page)

File: TS14_TEinvtreat.rtf

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Unformatted sample text from the term paper:

and the hotel owners Bend and Sally. They have advertised the hotel as "Small, friendly family hotel on South Coast, Jacuzzi and swimming pool available. Winter Weekend Breaks; Dinner, Bed and Breakfast ?30 per person per night" in a North of England Newspaper, but when Chris arrives the Jacuzzi and Sauna are still being built, the swimming pool is a local swimming pool down the road and he is charged ?50. This is potentially a case concerning breach of contract. The first consideration is whether or not the advertisement forms part of the contract. Basic contract law states that for a contract to be valid there are three major requirements, there are that there needs to be an offer, and acceptance and consideration needs to take place. If the advertisement is an offer that is accepted n a clear an unequivocal manner then there may be a breach of terms, but the advertisement may be seen as only an invitation to treat. Offers will usually take the form of one of two agreements, either bilateral or unilateral, a bilateral agreement is seen as an exchange of promises and a unilateral agreement is an offer is made as a promise to a wide audience where there is not the need for bilateral communication. In looking at the case provided the initial issue was an advertisement in a newspaper. This needs to be analysed to see if it is an offer. A newspaper advertisement is not definitive in itself, and it can been seen as being an invitation or an offer depending on the way it is phrased and the information and intent of the advertisement. We must also consider that the difference ...

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