Contractual Relations and its Elements Coursework

Exclusively available on Available only on IvyPanda®
This academic paper example has been carefully picked, checked and refined by our editorial team.
You are free to use it for the following purposes:
  • To find inspiration for your paper and overcome writer’s block
  • As a source of information (ensure proper referencing)
  • As a template for you assignment

Introduction

A contractual relationship as learned through the course is an agreement between the contracting parties that have agreed on a common deal which is especially a promise to accomplish something in order to gain some benefits from it.

In our context, we look at academic contractual relationships between educational institutions and the parties they contract with. We also outline the most challenging element of a contract in an educational contractual relationship.

Courts as we have learnt earlier stipulate that faculty and institutions’ administrations must be able to document the basis for their judgment and that they must use and follow a set of rules and guidelines that govern academics. The agreement or contract means that both parties get into a legal obligation (Roger et al, 2011). Contractual relationships in educational institutions

A contractual relationship has several elements that make up the contract. However, these elements vary depending on the parties contracting. Educational institutions get into contractual relationships in several scenarios. One of them is when they contract with staff like the lecturers who teach and are paid salaries.

When both parties agree on the terms, then that becomes a contract. The institutions have a legal obligation to pay the lecturers the agreed salaries and the lecturers on the other hand have to fulfill their teaching responsibilities in order to earn their salaries.

This therefore becomes a contract. Institutions also contract with students when they accept the offer of the student wanting to join the university. They therefore get into a contract when they both agree on the terms and conditions. In both scenarios there are elements of a contract. This paper therefore seeks to discuss all possible elements involved in a contract. They include:

  • An offer.
  • An acceptance of the offer as a result of agreement of the minds.
  • A valuable consideration.

Offer

An offer is the voluntary willingness to enter into an agreement or contract. An offer is made by one party hoping to convince the other party to accept the offer. An offer is made in order to obligate oneself (Roger, 2012). Acceptance

An acceptance is whereby a party agrees or concedes to an offer. It is therefore an expression of agreement without conditions and an acceptance of all the terms outlined in the offer.

Consideration

A consideration is an element of contract that involves legal value attached to a contract. It may be in form of money, or in form of physical objects. Most challenging element to apply

An offer is discussed as the most challenging element to apply in an educational contractual relation since one needs to distinguish between an offer and an invitation to treat. Failure to strike the difference may lead to the assumption that there has been a contract whilst there was no offer.

Such an assumption will lead to the contract being declared null and void. An invitation to treat is seen when university brochures are displayed at a school reception or a library. Any person interested in joining the university and uses the brochure at the administration wanting to join the university, does so as a way of making an offer to the university.

If the students have the qualifications and meet the required terms and conditions and the institutions agree to admit them, then contracts come into being. Therefore, it is important to understand that the brochures displayed are not an offer.

References

Roger et al. (2011). The legal environment of business.Mason, United States of America: Cengage Learning Press.

Roger, M.(2012).Fundamentals of business law.Mason, OH 45040, South- Western,USA: Cengage Learning Press.

More related papers Related Essay Examples
Cite This paper
You're welcome to use this sample in your assignment. Be sure to cite it correctly

Reference

IvyPanda. (2019, May 13). Contractual Relations and its Elements. https://ivypanda.com/essays/contractual-relations-coursework/

Work Cited

"Contractual Relations and its Elements." IvyPanda, 13 May 2019, ivypanda.com/essays/contractual-relations-coursework/.

References

IvyPanda. (2019) 'Contractual Relations and its Elements'. 13 May.

References

IvyPanda. 2019. "Contractual Relations and its Elements." May 13, 2019. https://ivypanda.com/essays/contractual-relations-coursework/.

1. IvyPanda. "Contractual Relations and its Elements." May 13, 2019. https://ivypanda.com/essays/contractual-relations-coursework/.


Bibliography


IvyPanda. "Contractual Relations and its Elements." May 13, 2019. https://ivypanda.com/essays/contractual-relations-coursework/.

If, for any reason, you believe that this content should not be published on our website, please request its removal.
Updated:
Privacy Settings

IvyPanda uses cookies and similar technologies to enhance your experience, enabling functionalities such as:

  • Basic site functions
  • Ensuring secure, safe transactions
  • Secure account login
  • Remembering account, browser, and regional preferences
  • Remembering privacy and security settings
  • Analyzing site traffic and usage
  • Personalized search, content, and recommendations
  • Displaying relevant, targeted ads on and off IvyPanda

Please refer to IvyPanda's Cookies Policy and Privacy Policy for detailed information.

Required Cookies & Technologies
Always active

Certain technologies we use are essential for critical functions such as security and site integrity, account authentication, security and privacy preferences, internal site usage and maintenance data, and ensuring the site operates correctly for browsing and transactions.

Site Customization

Cookies and similar technologies are used to enhance your experience by:

  • Remembering general and regional preferences
  • Personalizing content, search, recommendations, and offers

Some functions, such as personalized recommendations, account preferences, or localization, may not work correctly without these technologies. For more details, please refer to IvyPanda's Cookies Policy.

Personalized Advertising

To enable personalized advertising (such as interest-based ads), we may share your data with our marketing and advertising partners using cookies and other technologies. These partners may have their own information collected about you. Turning off the personalized advertising setting won't stop you from seeing IvyPanda ads, but it may make the ads you see less relevant or more repetitive.

Personalized advertising may be considered a "sale" or "sharing" of the information under California and other state privacy laws, and you may have the right to opt out. Turning off personalized advertising allows you to exercise your right to opt out. Learn more in IvyPanda's Cookies Policy and Privacy Policy.

1 / 1