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Contractual complexities

  • 03-02-2016 1:33am
    #1
    cros13
    Registered Users, Registered Users 2 Posts: 3,285 ✭✭✭


    So... I have some questions about contract law.

    Does agreeing the terms of a contract and both parties stating an intention to sign such a contract in itself constitute a contract?
    Even when an actual contract was never written up or signed by either party?
    What effect does payment of consideration have in such a case?
    What effect would there be if a previous contract was in place that made such consideration due? Is the original contract usually held to be valid?
    If there is a mutually agreed change in consideration by either party or possibly a number of subsequent changes does that have an impact?


Comments

  • #2
    Victor
    Registered Users, Registered Users 2 Posts: 78,580 ✭✭✭✭Victor


    Homework? :)
    cros13 wrote: »
    Does agreeing the terms of a contract and both parties stating an intention to sign such a contract in itself constitute a contract?
    No, it is merely an intention. Absent other factors ("Go ahead and order the long-lead parts"), there is no contract.
    Even when an actual contract was never written up or signed by either party?
    One would almost say "especially so" in such cases, but note that buying a bar of chocolate in a shop is a contract and it would never be written and definitely not signed (a receipt isn't a contract).
    What effect does payment of consideration have in such a case?
    That very much depends on the evidence and what the payment was for. The mere payment of money could be for anything, e.g. last year's fee might be outstanding, it might be a loan, it might be an error.
    What effect would there be if a previous contract was in place that made such consideration due?
    You are entering the realm of making us guess what you are hinting at. :) One could say the payment was for that other contract, not the one at hand.
    Is the original contract usually held to be valid?
    Your language is self-confirming. You say there was a contract, then there was a contract. Especially so if the actions of the parties would tend to confirm this.
    If there is a mutually agreed change in consideration by either party or possibly a number of subsequent changes does that have an impact?
    If mutually agreed, then I would be inclined to say yes. However, there may be space between unilaterally applied and mutually agreed.


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