Case Study and Contract

Kapoor G.K., (n.d). Business Law Including Company Law. Chapter 1 This book, in the isolated chapter 1 discusses the elaborate meaning of a contract and what makes up a legally binding contract. It discusses the elements of a contract in the context of sales and gives examples of what an offer in a contract is and acceptance which are two essential parts of a contract.

The chapter further discusses the potentiality of having further obligations in a contract that may not have their origins in the agreement and may not be contractual in nature, like torts or civil wrongs, but could still be enforceable in a court of law. The chapter further highlights using examples and case studies how cases of contractual agreements can be solved.

The chapter further discuses one by one the essential element of a valid contract and alongside each element the author gives easy to understand example or anecdote of how that element applies in a contract particularly in sale. He highlights that in order for a contract to be valid there must be agreement, intention to create legal relationship, free and genuine consent, parties competent to contract, lawful consideration, lawful object, agreements not declared void or illegal, certainty of meaning, possibility of performance and the necessary legal formalities.

There is also the classification of contracts outlined therein i.e. according to enforceability, according to mode of formation and according performance. The chapter further outlines what defines or makes up an offer and acceptance. It discusses the various ways through which an offer is made i.e. by words and by conduct. The author also discusses how an offer can come to a close or lapses after a reasonable time frame.

One aspect that makes this article a relevant, informative and applicable in the practice of law and handling of the case study is the fact that it gives examples and case studies for each aspect they discuss. NOLO, (2017). Electronic Signatures and Online Contracts. http://www.nolo.com/legal-encyclopedia/electronic-signatures-online-contracts-29495.html The writer highlights the various types of contracts that can be enforceable in the electronic form and the various electronic signatures that can be used to authenticate the contracts.

He also indicates that the legality of the electronic or online contracts is not inferior in any way as compared to the hard copy contracts. The writers further indicate the exit clause or option of opting out of the contract. The article is very relevant to the case study since it involves a business deal that was practically transacted online, with the order placed online, the sales terms and conditions accepted online and the money sent online as well.

The article puts into context the necessary legality of the transaction such as the one conducted between Gus Garcia in Miami and the Mont Gras Winery in Chile. The article however further gives exceptional cases where contracts cannot be put electronically online and be honored. Sekibo C., (2013). Rules as to Delivery in a Contract of Sale of Goods. http://thecorporateprof.com/rules-as-to-delivery-in-a-contract-of-sale-of-goods/ The article discusses the rules that govern the delivery in a contact of sale of goods.

The article highlights the various legal aspects that surround delivery of goods such as the place of delivery, the time of delivery of goods, attornment, delivery of wrong quantity, delivery in installments as well as delivery to a carrier. The article stands relevant to the case study since there were issue that implicated the delivery of the goods from Chile to Miami through a courier or shipping company. The article helps in.