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Running Head: LAWS 1
Case Analysis
Running Head: LAWS 2
Introduction
Contract is a legal term that takes place between two or more than two parties to reach a
mutual consideration and protect the interest of each contracting parties (Klass, 2010). A contract
is valid or not is a matter of the concern. A valid contract includes several elements such as offer,
acceptance, and mutual consideration, writing requirement and formation of contract under valid
law of the country (HG.org, 2017, p. 1). These elements should be considered by each
contracting party, which will ensure the formation of a contract. When an element gets absent, a
valid contract can take place between contracting parties because entire required element for a
making a valid contract give the validity and secure the right of one against contract
eaching
party. In this context, this paper will analyze a case related to contract to judge, whether the
contract has formed and who were contracting parties.
Legal issues
In the selected case, Alan is a student of Kaplan Higher Education in June 2015. He
offered to sell his textbook and other collected materials on his Facebook page on 1 Nov 2015.
Through this offer, he offered his book to already enrolled and new enrolment students. For this
offer, Alan offered $200.00 and deadline by 5 Nov 2015. According to the case, Bernard is a
friend of Alan, he was very keen to purchase the book but he made a counter offer by offering
$150 at the new price for the text book and other materials on the Facebook wall of Alan. Alan
efused his offer. But he sends a message to Alan to pay money till 4 Nov. He sends $200.00 by
post and informed Alan about it. Alan received the money on 5 Nov. Alan gave his book by
saying that his entire written notes in the textbook.
On the other hand, Charleen younger sister of Alan, told Alan to buy his book. Further
she told him that she would pay money on 6 Nov 2015. She gave the money to her
other as her
Running Head: LAWS 3
given timing that was after the end of the offer. Damien is Bernard friend. He heard about the
offer, and paid him $200 for his offer. In this case, there are some issues that are given below:
Main issue:
In the give case the main issue is whether a contract was formed and who were
contracting parties. This is because of certain reasons. Case defined that Alan was given the open
offers on his Facebook Wall. Due to this; Bernard, Charleen and Damien were paid him $200.00
and he gave the text book and other printed materials to Bernard and Damien only. Therefore,
the main issue is whether a contract was happened. Another issue is related to the contracting
party. This is because three parties were fulfilling the terms of the contract but Alan provided
textbooks and other materials to only two parties rather her sister.
Minor issue:
In the given case, the minor issue is related to the hiding of information from the
contracting parties for the selling of printed materials provided by the Business School to
students was a subject to consider in a contract or not to decide the validity or legality of the
contract. The other minor issue that is taken place is related to the validity of the contract that
means whether Alan was capable to do the contract or not. Suppose Alan formed a contract with
any party or parties by hiding the information that university offers that book without took price.
In this situation, whether the selling of printed text book provided by the university to study
makes the contract valid or not and whether the intension of Alan was bad.
Rules and laws
In the given case, there are...