Thursday, February 27, 2020
Pontecaster Car Rally case report Essay Example | Topics and Well Written Essays - 3000 words
Pontecaster Car Rally case report - Essay Example The advice that could be given to Pontecaster depends on its rights or responsibilities in the contract. But before the obligation could arise from the contract, there is a need to establish whether there is a contract. A contract exists when the following elements occur: offer and acceptance, consideration, certainty of agreement and intention to create legal relations (University of London, 2007). If such a contract does exist between the parties, it could now be asked whether the rights of Pontecaster are being protected. On the other hand, Pontecaster may have responsibilities to be done under the contract which may make it at fault. As far as the issue on whether there is a contract between the parties on the basis of the presence or absence of offer and acceptance, consideration , certainty of agreement and intention of create legal relations, this paper submits that they parties are presumed to have a contract because the question presupposes the existence of such contract. As far as its rights under the contract (which is presumed to exist based on the question), it becomes an issue whether it can it ask Ã¢â¬Å"Grubs upÃ¢â¬ to pay for breach of contract. The case facts provide that there was confusion as to actual date of the sports event but it was also provided that Pontecaster had already contracted Ã¢â¬Å"Grubs upÃ¢â¬ (Emphasis supplied). The fact that there was contract already, Ã¢â¬Å"Grubs upÃ¢â¬ must have been ready to meet the obligations including the day when the car rally event would have been held. As far as its responsibilities in the contract is concerned, Pontercaster may be held liable for its failure to conduct the event in its earlier designated time, if there is any, as per its contract with Ã¢â¬Å"Grubs upÃ¢â¬ . On the other hand, in the absence of the of a definite dates of the event that was agreed upon, such may indicate lack of intention to be bound for which Ã¢â¬Å"Grubs upÃ¢â¬ may not be liable.