Introduction
A contract is an agreement between two or more parties. A contract is only legally binding when certain elements are satisfied to prove its contract existence (Jacobus 2009, p.105). These elements are acceptance, offer, intention, consideration, and certainty. Without all the elements, it becomes hard to prove the existence of a contract as there are laws that govern it and they must be adhered to. A contract can be implied or expressed whereby the expressed contract involves parties who have expressed intentions either in writing or orally (Jacobus 2009, p.105). In the given case, the legal issues that emerge based on the contract law between Malcolm and Georgia have been identified, analyzed, and discussed. Also, the appropriate advice that Malcolm may require will be availed based on the breach of a contract. The essay discusses the various contractual issues that arise in the case involving Georgia and Malcolm. It also advises Malcolm on whether he can sue Georgia for breaching the contract as well as any breach of contract remedy or remedies.
The contractual issues that arise in this situation
Several contractual issues arise from the given legal issue. It should be noted that the contract is valid as it meets the five requirements. The parties involved are legally competent, there is a mutual agreement through a signing, and the contract is written as demanded by law. The contract has consideration as well as lawful objective based on the legal case issue an offer issue arises from the given situation.
Offer
An offer is usually a promise made by an offerer to a specific person or a group and it is meant to be bound (Field 2010). The offer should also be accepted by the offeree to make it bound. An offeree is a person who is willing to receive the offer while the offerer makes the offer (Salzedo Brunner & Ottley 2004, p. 1). Georgia is the offerer while Malcolm is the offeree to whom the offer is made. Georgia makes an offer of taking care of Malcolm’s pets, an award-winning rabbit and a tropical fish. However, when the contract was offered, Malcolm signed it without reading it well to establish the terms and conditions that governed it. Given that the fish died after being fed rabbit food and the rabbit lost fur because of eating fish food and Georgia ascertained that she was a professional animal lover, the issue that arises is whether the offer made was bound to the contract. An offer needs to be communicated to the offeree through a means that is understandable by the offeree. In this case, the offer was communicated through an email that was in a form of a contract form that was to be filled and signed. However, Malcolm does not read the terms and conditions that stipulate that she would not be liable for the death of tropical fish if exposed to specific vulnerabilities.
Acceptance
An acceptance shows that the contents of the offer are bound and the offeree agrees to them. An acceptance may take established through the form of a nod or a signature made on a document (Dillavou & Howard 1948). It is only after an effective means of communication has been used that an offer made by the offerer to the offeree makes a contract come into existence (Helewitz 2010, p.30). An offer that has been made, becomes acceptable when the offeree has shown their acceptance. Malcolm accepted the offer by signing the contract form and returning it to Georgia in person. The signing and delivery of the agreement document made the offer acceptance effective since the acceptance laws were fulfilled.
Breach of a contract
A breach of a contract is used to mean the failure by either the offerer or offeree who has entered into a contract, to carry their obligations as stipulated in the contract (Rao 2011, p.142). When the contract agreement is not fulfilled as stipulated then a breach of a contract occurs. Georgia agreed to take care of Malcolm’s pets because she is an animal lover and professional. She gave all our terms and conditions but failed to keep her end of the bargain. For instance, Georgia was to take care of pets because she was a professional, but a tropical fish died after it is fed on the rabbit’s foot, and the rabbit lost all the fur. There is negligence as the professional pet caregiver does not differentiate a fish and a rabbit’s food. However, the death of the tropical was unprecedented because the terms and conditions stipulated in the contract were that death or illness of the fish because of any vulnerability was not the concern of Georgia. Although the fish died, the rabbit was also affected and according to the terms and conditions, it could be clear that the rabbit was hit by the vulnerabilities that were to affect the fish, not the rabbit. This breaches the contract that was signed in between Georgia and Malcolm.
Professional malpractice and negligence
Malpractice occurs when a professional does not execute their skills in carrying on their duties leading to harm. On the other hand, negligence either intentionally or not affects a contract. Georgia committed malpractice in that after declaring herself a pet professional she fed the pets the wrong foods resulting in the death of one. Not being able to differentiate fish from rabbit’s feed was mere negligence by Georgia. Based on the case scenario, Malcolm kept his bargain through the payments and signing of the contract.
Advise Malcolm as to whether he can sue Georgia for breach of contract and remedy sought
A breach of contract occurs when one party fails to keep the end of an agreement that has been accepted through a nod or a signature of the concerned parties. When a breach of a valid contract accrues, the person who has been affected has the capacity and the right of suing the one who breached the contract. This is because after a breach of a contract has occurred, the affected party suffers a monetary loss (Warner 2010, p. 26). Based on the situation, there was a breach of a contract by Georgia. Georgia was to take care of Malcolm’s pets for the period he would be away.
Although Malcolm did not read the terms and conditions displayed in the contact form, the contract was breached as there was professional malpractice and negligence by the offerer (Georgia).
Malcolm can sue Georgia because she claimed to professionals, laid her terms, and supplied a contract that was binding. However, negligence and professional malpractice have been witnessed in the situation. By professional malpractice, it means that the professional (Georgia) did not use her skills as required leading to harm (Warner 2010, p.27). Negligence means that intentionally or no property damage has occurred. For one Georgia fed the wrong food to the tropical fish and the award-winning rabbit. Secondly, Malcolm can argue that effects inflicted on the fish were contained in the contract as part of terms and conditions. However, the effects imposed on the award-winning rabbit are by no chance part of the agreement. Therefore, a breach of contract was realized through professional malpractice and negligence. Based on these arguments, Malcolm can sue Georgia on these bases and get compensated for the damages. The breach of contract that occurred is an actual one. An actual breach of a contract means a breach occurred either when a contract performance was due or during the contract performance (Rao 2011, p. 143). In the scenario, the breach was committed during the contract performance process and Malcolm can sue Georgia.
There are several remedies for a breach of a contract. However, in this situation remedies based on damages would be preferable. Damages are used to imply the monetary compensation equivalent to the loss accrued. The aggravated party (Malcolm) can get compensated for the damages inflicted on his award-winning rabbit. Damages that are used for compensation purposes are supposed to put the affected party in the same financial position if the contract was carried as stipulated (US Legal Inc. 2010). Malcolm should be compensated $10,000 which was the amount he would have received in Melbourne after exhibiting the award-winning rabbit. This would not be a penalty but instead, it would cover the damages accrued. Rescission would not be applicable as it places the offerer and the offeree in the same situation they were before entering into a contract. Malcolm would not benefit from it because he was to get a price of $10,000 in Melbourne. This makes compensatory damages the modest and most preferable form of remedy for the breach of contract between Georgia and Malcolm. The compensatory damages are ordinary as they arise from the ordinary course.
Conclusion
The case issue is between Georgia and Malcolm is based on contract law. One of the contractual issues that arise in the legal case situation is offer and acceptance. An offer was made by Georgia the offerer and the offeree Mr. Malcolm. An agreement was reached after an acceptance of the offer was realized through the signing of the contract document. However, a contract breach occurred when Georgia failed to honor the contract through professional malpractice and negligence.
Malcolm should file a suitcase against Georgia for she committed a breach of a contract. The claim would be filled on the basis that Georgia was showcased professional malpractice and negligence. Malcolm should also claim damages as a form of remedy because of the harm inflicted in the process of carrying out the contract.
Lastly, the damages would be equal to the amount that Malcolm would have received after presenting the award-winning rabbit in Melbourne. This would be approximately $10,000 which would serve as compensation rather than a penalty for the breach of contract.
Reference List
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Jacobus, C. J. 2010, Real estate principles, Cengage Learning, Mason, OH.
Rao, P. M. 2011, Mercantile Law, PHI learning private limited, New Delhi.
Salzedo, S, Brunner, P. & Ottley, M. 2004, Briefcase on Contract Law, Cavendish publishing limited, London.
US Legal Inc. 2010, Contracts. Web.
Warner, R. E. 2010, Everybody’s guide to small claims court, California, Nolo, Berkeley.