Response to Inquiry Regarding Legal Action Against Daley Motor Company Essay

Response to Inquiry Regarding Legal Action Against Daley Motor Company - Essay Example Firstly, with respect to business contracts there is the issue of offer and acceptance. What this means is that each and every binding legal contract must have these two phases. First an offer must be made and then an agreement/acceptance can be reached. Additionally, only those things which are specifically offered can be accepted. Accordingly, in the written contract if something is not specified it is not offered and in no way is it to be considered part of the written contract. It is during this phase of a business/legal contract that offers and counter offers are discussed and resolved. As a result, special attention should be noted as to the terms and conditions of the agreement as these terms and conditions are the actual mechanisms by which the agreement is to be carried out. Not until this phase is complete, read, agreed upon, and signed can the contract be considered legally binding (and then only if the other terms and conditions affecting the legality of a contract are me t). Final acceptance of the contract can be given orally, in writing or discerned through verifiable actions (the oral contract you believe you had with Daley Motor Company will be discussed at further length in this letter). Intention of legal consequences refers to the fact that both parties entering into the legally binding contract are aware that their acceptance means that they will be held legally responsible for executing the terms and conditions of the contract. It is this juncture that proved vitally important to the case in question as you did not take your legal obligation to the terms and conditions of sale seriously by carefully reading before signing the document provided to you. Although it is not always able to be determined whether a person has agreed on a particular item, English law upholds that when a person manifests their consent to a bargain, they are considered beholden to it (Tiersma and Solan 2012). For purposes of your particular instance, any disagreement with the language implied in the written document prepared by Daley Motor Company should necessarily have been discussed, amended, or redacted with the seller prior to any further agreement and prior to signature that denotes agreement and consent with the terms and conditions therein. Consideration is the final stage of legally binding contracts. With respect to the terms and conditions of the contract, consideration refers to the fact that one party will fulfil his/her responsibility by doing something in return for the promise stipulated in the contract. In essence, consideration is what one party gives to another party as an agreed sum for the other’s cooperation. Most of the time this â€Å"consideration† is in the form of money; however, it can be anything of value. (Pollock 1921). It should also be noted that for issues relating to fairness are not considered in a court of law. For instance if you severely overplayed for a given good or service after entering a binding legal contract to do so; this burden solely rests on the signatories and is not deemed fraud unless coercion or some other illegal instrument was in use to complete the deal. From the details of the issue you have provided us, it is clear that Arthur Daley Motor Company has at the very least treated you unfairly and at the very worst deliberately swindled you. Firstly, there is the issue of the oral