A contract refers to an agreement between private parties creating mutual obligations enforceable by law. Five elements make any contract valid: offer, acceptance, capacity, consideration, and intention ( Bottoni2020) . Offer refers to an expression of willingness to enter into a contract on certain terms. Acceptance is the unconditional agreement to all the terms of the offer. The offeree sends it to the offeror. Consideration is the act of each party to exchange something of value to their detriment. The final element is legality. Parties need to be of the right mental capacity, like being of the right age.
Contract Formation
Generally, contract law dictates that an enforceable contract exists when the material elements of the contract have been negotiated and agreed upon by the parties. Contract formation starts with making an offer. One party proposes to another that they will enter a legal contract with defined terms. This is followed by acceptance from the offeree to the offeror. Offeree communicates its acceptance, thus making the contract binding.
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Governing Contract Law is the UCC or the Common Law
When dealing with a contract, it is essential to comprehend that two possible general law bodies could come into play. UCC and Common Law are different. The two laws make determine how contract disputes are resolved ( Jenkins, 2014) . It could mean the difference between being sued under the breach of contract and whether there was a lawfully recognized contract.
The Case
The case was about Comscat, which is sued for refusing to carry its channels. The complaint was dismissed the case because it failed to show that Comcast was contracted with ESN. For there to be a tort, the plaintiff needs to confirm the presence of causation (Comcast Corp. v. Nat’l Assoc. of African American-Owned Media, 140 S.Ct. 1009 (2020). I agree with the plaintiff that changing the contract was discriminating and undermining their equality in offering and accepting offers.
References
Bottoni, F. (2020). Partial Agreement and Contract Formation. European Business Law Review , 31 (2).
Jenkins, S. H. (2014). Contract Resurrected: Contract Formation: Common Law-UCC-CISG. NCJ Int'l L. & Com. Reg. , 40 , 245.
