Contract Law Blog

Contract – Can be made orally or in writing 

Under English law a contract can be made verbally or in writing. Provided that the essential elements of a contract exist.

So what are these elements?

  • offer
  • acceptance
  • consideration (i.e. something in exchange – usually money but it need not be, it can be money’s worth).
  • intention to create legal relations
  • certainty
  • capacity
  • legal
  • privity of contract

Contract Implied by Conduct 

What happens if there is no contract is in place but goods have been delivered to the seller and the buyer has paid for those goods.  So what happens?

Generally if there is no evidence of prior course of dealings, then a contract could be implied by conduct. For example the seller supplied the products and the buyer paid for those products.   However under English law you still need to satisfy the elements of a contract as mentioned above.  The issue here would be certainty regarding price?  As far as English law is concerned the price would also need to be implied which would be  ‘reasonable’.

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