Marketing Planning

| 2014 |

| Written by: Ngô Bảo Châu

Lecturer: Phạn Thị Phương Anh

|

[ Elements of Contract ] |

Date: 14/05/2014 |

Contents

Introduction 2

1.1 Importance of the essential elements required for the formation of a valid contract: 3

1.2 Discussion of the impact of different types of contract: 5

1.3 The terms in contracts and their meaning and effect. 7

Express terms: 7

Implied terms: 8

Specialist term: 8

Exclusion clauses: 9

Application of the elements of contract in given business scenario: 10

2.2 2.3 Analyze the law on terms in the two different contracts and evaluate the effect of different terms in the two contracts: 12

Case 1: 12

Case 2: 14

Conclusion 16

References: 17

Web references: 17

Book references 18

Appendices: 19

Appendix 1: Carlill v Carbolic Smoke Ball Co 1893: 19

Appendix 2: Types on consideration and the Collins v Godefroy: 19

Appendix 3: Exception case of intention of legal binding: 20

Appendix 4: Gunthing v Lynn 1831 20

Appendix 5: Bibby and Magson case 1923: 20

Appendix 6: Possard v Spiers 1876 case and the Bettini v Gye case: 21

Appendix 7: Hong Kong Fir Shipping co Ltd v Kawasaki Kisa Kaisha Ltd 1962 21

Appendix 8: Bannerman v White 1861 22

Appendix 9: Anglia Television Ltd v Reed 1972. 22

Appendix 10: The Heron II case 1969 22

Appendix 10: Dick Bentley Productions v Harold Smith Motors [1965] 23

Introduction

Vinacafe face some problem around their transaction with general traders who provide them coffee bean. The firm come to a British firm in Vietnam and ask for legal advice of the matter. As a legal Clerk, I am asked to jot down opinion on Vinacafe on two main areas

First, we will explain the essential element Vinacafe need to care about in order to form a valid contract. It is very important for the firm to understand such matter the firm will have to form many contract during its business. At the same time, Vinacafe has to understand how different types of contract will...