‘In theory, contract law involves intricate decisions interpreting the elements of a contract and terms of a contract. In contract cases however, the courts are only concerned to remedy loss or harm caused by a breach of contract.’
Critically discuss with reference to relevant case law and academic analyses.
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The law of contract deals with the enforcement of promises. However, not all promises are enforceable. For instance, a pledge to marry does not constitute an enforceable claim in a court of law against the maker. In theory, a contract law seeks a wholesome approach to the interpretation of what constitutes a contract. However, when one delves into the legal reality, that is, our courts of law, one is keen to note the disparities between the theoretical approach and that of the courts. A judge will be more concerned with issues of remedy for the breach of the contract. However, it is imperative to note that the theoretical approach is equally significant because it provides the much-needed foundation one requires to explore the world of contractual litigation successfully. As aforementioned, not all promises are justifiable in a court of law. For a promise to be transformed into an enforceable contract, it must successfully meet the standards of a valid contract. A valid contract must have an offer, consideration, acceptance, performance, capacity to enter into a contract and intention to create legal relations.
An offer is an expression of one party’s intention and willingness to enter into a binding contractual relationship with another party. An offer is unlike an invitation to treat because the latter indicates the willingness to engage the other party and cannot be legally enforceable in court in the case of a breach. However, an offer can be binding because it in itself causes the offeree to change his legal position. In the case of Pharmaceutical Society v Boots , the court held that displaying goods amounted to an invitation to treat rather than an offer....