Formation

Modern consumer protection laws impose specific requirements for written contracts in various contexts, especially for distance sales, off-premises contracts, and certain financial agreements. These contracts must often include prescribed information in a durable format, such as a written or electronic document, and failure to comply can render them unenforceable.… Read the rest

Most contracts do not require written form to be binding, but written agreements help avoid disputes by providing clear evidence of terms. Some contracts, however, must be evidenced in writing under the Statute of Frauds, such as agreements for performance exceeding one year, marriage-related contracts, land transactions, and guarantees.… Read the rest

Contract law governs the enforcement of promises and agreements, determining which are legally binding, their terms, and implications in disputes. It requires offer, acceptance, and mutual exchange. Obligations under contracts are typically unconditional, and parties must fulfil promises regardless of effort or difficulty unless exceptional circumstances, like unforeseen events, frustrate the contract.… Read the rest

The presumption of an intention to create legal relations is context-dependent. In social and domestic settings, such as agreements between family members or friends, the courts generally presume no legal intent, viewing these arrangements as moral or voluntary commitments.… Read the rest

Contract law governs the enforcement of promises and agreements, determining which are legally binding, their terms, and implications in disputes. It requires offer, acceptance, and mutual exchange. Obligations under contracts are typically unconditional, and parties must fulfil promises regardless of effort or difficulty unless exceptional circumstances, like unforeseen events, frustrate the contract.… Read the rest

Contracts can be formed between individuals, companies, or entities, including business-to-business (B2B) and business-to-consumer (B2C) agreements. Consumers, typically natural persons, benefit from additional protections in B2C contracts, with statutory terms ensuring fairness. In B2B contracts, minimal legislation interferes, allowing parties to freely negotiate terms, even where one party holds significant economic power.… Read the rest

Promissory estoppel may be used to prevent injustice when a promise, though unsupported by consideration, is relied upon to the detriment of the promisee. It applies when a party makes a clear representation of fact or intention, which the other party relies on to their detriment, and it would be inequitable to allow the promisor to retract the promise.… Read the rest

Consideration is a fundamental requirement for most contracts, ensuring an exchange of value or a detriment suffered at the promisor’s request. Gratuitous promises are unenforceable unless formalised through a deed. Consideration represents the essential bargain between parties and must flow from the promisee, but it need not be proportionate or substantial.… Read the rest

Acceptance in contract law is the unequivocal agreement to the terms of an offer, creating a binding contract. It must occur while the offer is valid and can be expressed verbally, in writing, or through conduct, provided it aligns with the offer’s requirements.… Read the rest