In: Business and Management

Submitted By hermie237
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Whether there is a valid contract or not between JL and TC
OFFER- A demonstration of willingness of a party that he or she is prepared to enter into a contract with one or more persons on certain terms, which are fixed, at the time the offer is made. The law states that in order for a contract to be enforceable the terms of the contract need to be sufficiently certain, the contract must not be vague. Contracts which are vague cannot be enforced. Scammel (G) & Nephew v. Ouston (1941) A.C. 251.
Scammel (G) & Nephew v. Ouston (1941) A.C.251 O ordered a van from S with the understanding that the balance of the purchase price would be paid “on hire purchase terms” over two years. S never fixed any specific hire purchase terms. S failed to deliver the van and O sued for breach of contract. It was held that no contract had been established in the first place due to the uncertainty of the terms of the offer. The words “on hire purchase terms” so that it was impossible to ascertain the precise terms on which the parties had agreed. Similarly, JL and TC engaged in a contract where the terms were not clear. The offer was vague/unclear; there was no details given as to what the term “normal maintenance” covers, no classification, neither description nor exemption clause as the term “certain vehicles”. No contract was established in the first place due to the uncertainty of the terms of the contract. The words “normal maintenance” was too vague to be enforced since normal maintenance can consist of many different services; secondly the term “certain vehicle” is also vague/unclear since the term can consist of many different make or specification. Therefore it is impossible to ascertain the precise terms on which the parties had agreed.
There was no certainty as to the terms of…...

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