Not sure if you have entered into a contract? Put simply…
A contract is formed once a party, who intends to create legal relations accepts an offer for the provision of some form of goods, services or other form of consideration. What does that mean?
Put simply, if Joe offers me a phone for £100 and I accept the offer, and agree to pay that amount notwithstanding the fact that no one has signed a document, a contract is still formed.
Whether or not that contract is valid, enforceable or revocable all depends on what was said between Joe and I when we made the agreement. For example, if Joe had told me that the phone he was selling could take videos and it could not, then that would be a misrepresentation. It would mean that the contract would be at risk of rescission; the transaction could be undone. If I had suffered a loss because of a misrepresentation, I would also be entitled to Damages to compensate for the loss.
The need for a contract to be written simply limits any ambiguity on what was discussed and will allow either party, should the other renege on the agreement, to enforce the terms more easily and often more cost effectively through litigation.
Griffin Law is a dispute resolution firm comprising innovative, proactive, tenacious and commercially-minded lawyers. We pride ourselves on our close client relationships, which are uniquely enhanced by our transparent fee guarantee and a commitment to share the risks of litigation. If you have any specific questions regarding a dispute, please email justice@griffin.law or call 01732 52 59 23.
Share This Story, Choose Your Platform!
About the Author: Mark Edmonds
Mark became a director in January 2021. He is a solicitor skilled at dealing with commercial and insolvency matters and litigation. Mark also has expertise in the use of third-party litigation funding.
