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The Law of Contract - Case Study Example

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Summary
The problem between Jim and BGC is connected with The Law of Contract. Contracts are made by all of us, almost every day1. In some form or other, we are entering into contracts with people known to us, and mostly with unknown and unseen people. When we read newspapers, get attracted to advertisements, buy those goods, do shopping, or buy an insurance policy, all the while we are creating contracts according to our needs, whether we are aware of it, or not…
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The Law of Contract
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Almost all these principles guiding the Contract Law are principles of common law and are mainly based on the human development since ages. Law of Contracts mainly stands on undertakings, promises and acceptances. Birmingham Garden Centre had advertised that the first person that will present all 21 numbered from 1 to 21 coupons printed in The Mail in February and March 2006, on 1st of April 2006, would be able to get a free summerhouse. This caused many people including Jim to collect vouchers carefully after buying the Newspaper every day with editions, and Jim had even dreamt of getting the house for his disabled wife Renee.

On the mentioned day, when he presented all the vouchers as demanded, he was told that it was a mere April fool's Day trick. Still this contract cannot be stated as void, because the contract was not illegal2. Contract cannot be termed as viodable3 either because even though there is nothing to prevent a minor from participating in the challenge, it is not specifically for minors. There is no uncertainty and incompleteness in the contract. Terms are clear and definite. Incompleteness need not bother the contract as it is a unilateral contract and meant to be so, almost one-sided.

There are no unenforceable clauses like those in American spy contracts. One question that comes to mind immediately is the outrage that the owners of BGC could fool gullible people to that extent. There must be legal remedies against such heartless actions. 1. Whether a contract exists between Jim and BGSIn Law of Contracts, unwritten contracts of this kind are called Unilateral Contracts. Usually the offerer asks for an act or information in return to an award; like an amount of money in return to some information, or tracing a pet animal, or some other act by doing which, the promised amount or some object will be paid.

These contracts are called Unilateral because only one party appears on the scene and for the other party it is not binding. The second party has not promised anything, and is legally protected. But the first party has made his promise and hence is the promisor. Even though there is no written contract between Birmingham Garden Centre and Jim, there is a semblance of it, because BGC advertised in The Mail that person who collects 21 vouchers printed in The Mail will be entitled for a summer house and Jim, being aware that his disabled wife Renee will have a better life with open air, sunshine and garden, if he manages to get a summer house, has collected all the required coupons and was the first person to present it on the April 1st, as instructed by the advertisement, only to be dampeningly told that it was an April Fools' Day joke.

There are many aspects of this case that are thought provoking. To make their presence felt, BGC advertised in the newspapers about the vouchers connecting the vouchers

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