Contractual Law: A Look at John and Chen Essay -- contract law, case st

a) What arguments could Chen use to support his refusal to pay backside more than the real concur price? A valid squash that is legally enforceable should consist of an offer, an acceptance, an intention to be brink and a sufficient consideration. Accordingly, the first father formed by Chen and gutter includes Johns agreement to build for Chen extension of the mansion house in consideration of payment of the price of building materials as per the take care of consequence of murder of the induce and labor costs of $6000 at the performance of the keep down. First and foremost Chen needs to understand that this was the original contract and both him and John were legally bounded by the contract. By ever-changing the terms of agreement, John made a counter offer a fact that Chen could use in his justification for refusal of payment. This is evident as John proposed a unexampled term in the contract by demanding a payment of $10,000 or non doing the job as agreed in the original contract. A counter offer changes the terms of the original contract and at this time Chen had the right he give the gate the contract cod to Johns counter offer. As a matter of fact, it is worth noting that a counter offer fails to exist if the offeree accepts the new terms of the contract as Chen did but Chen female genital organ use it to argue that John had no intention to be bound by the original contract (Koffman and Mcdonald, 2007). Duress occurs in a contract when one party is made to engage in a contract that he otherwise did not want to engage in due to blackmails, threats of bring actual harm, and threats of withdrawal from the contract at the time it is desperately needed. The two types of duress currently existing is physical duress and sparing duress and Chen can use econ... ...n argue that failure of his windup of the contract in time was out of circumstances that he could not control. In addition, John can argue that the breach of the term of comp letion of the building at June was contributed by Chenss reluctance of acceptance of the fleck offer.ReferencesBooksAdams, A. (2010). Law for Business Students. London, U.K Longman Koffman, L. & MacDonald, E., (2007) The Law of Contract (6th Edition) Oxford University Press, McKenDrick, E. (2005). Contract Law Text,. Cases and Materials (2nd Edition) Oxford University Press,Cases intrust of Australia Limited v Amadio (1983) 151 CLR 447Goldsbrough Mort & Co Ltd v Quinn (1910) 10 CLR 674,Integrated ready reckoner Services Pty Ltd v Digital Equipment Corp (Aust) Pty Ltd (1988) 5 BPR 11,110).Smith v William Charlick 1924 34 CLR 38The Mihalis Angelos 1970 3 WLR 601