Legal intention to contractual relationship


Question1. Contractual liability might be discharged in certain circumstances. Explain.

Question2. “An aggrieved party in breach of contract is entitled to claim for damages” explain.

Question3. Alternative dispute resolutions (ADR) are processes and methods which act as means for disagreeing parties to come to an agreement short of litigation. ADR has gained widespread importance in business environment. Describe those processes and methods of ADR and the “raison d’etre” of arbitration.

Question4. Following a tender exercise, the services of Computa Company Limited (CCL) has been retained to provide laptops to students of the University of Kangool (UoK). In tender document, it was specified that laptops of the famous mark Bell and of British origin must be provided. At a certain stage, CCL started to have main challenges with his supplier from England and could no longer supply laptops to the students of UoK. To fulfill his obligations, CCL turned itself towards an Indian company as an alternative supply and continued his supply by providing laptops of make Dall instead. How would the contract be affected in following cases:-

a. If the challenges with the British supplier were that latter had gone bankrupt and stopped the fabrication of laptops.

b. If the challenges with the British supplier were that price of laptops has gone up and supplier claimed for a raise in the selling price.

c. The alternative supply was not a unilateral decision of CCL.

Question5. Offer and acceptance can now be made by sending the suitable electronic messages. Examine the provisions of this law which intervenes in favour of the validity of electronic mailings sent between parties to electronic contract.

Question6. Describe the following contractual issues:-

(a) The agreement between parties.

(b) The general principle of offer and acceptance at auction.

(c) Contractual principles following agreement by tender.

(d) The legal intention to create contractual relationship.

(e) The capacity to enter in contractual agreement.

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