Business Law Questions: Introduction to Contracts

PART A

1.       Explain, with examples, the difference between an offer and an invitation to treat. Why are advertisements generally not considered an offer?

2.      Discuss instances when an agreement may not be enforced. (Think of the essentials of a contract.)

3.      Why would a party with a cause of action in both contract law and the law of tort choose to bring an action in contract law? Give examples of situations where both contract law and tort law would apply.

4.      Who are the persons that may not have the capacity to contract? Why does the law limit their contractual capacity?

5.      Explain with examples the difference between an executory and executed consideration. When is an executed consideration a valid consideration?

PART B

1.      A dying mother gathered her four children together and said, “Bob, my boyfriend has been paying for all of my medical bills since I’ve been in the hospital. I’ve prepared a contract and I want all of you to sign this contract which states that you would pay Bob £100 000 on my behalf.”  All four agreed and signed the contract.  After a few weeks, the mother completely recovered from her illness. The children are now refusing to pay Bob. Can Bob enforce the contract? Can the mother enforce the contract? Explain your answers.

The ABC Rail Company (“ABC”) operates a passenger train. Susan, a 36-year old woman, uses the rail system everyday on her way to work.  She holds a railway Season ticket. At the ABC train station near Susan’s house, ABC painted the stairs to the train platform with bright yellow paint.  The paint made the stairs easier to see, but the paint was also very slippery when it is raining.  ABC also installed a hand rail next to the stairs so that people going up and down the stairs could hold onto the hand rail. When Susan arrived at the ABC train station on 10 February 2014, it was raining heavily.  Susan was late for her train, and did not hold onto the hand rail as she ran up the steps.  She slipped on the wet stairs and broke her leg. She was taken to the hospital, where the doctors put her leg in a cast.  Susan had to wear the cast for six weeks, and during that time she had to use crutches when walking. She was also not able to work for six weeks. Two weeks after  Susan's accident, a thief stole Susan’s purse as she was having a cup of coffee in the marketplace.  Susan could not run after the thief because she was on crutches. Susan wants to sue ABC for all her losses. Advise Susan

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