Contracts always exist between two parties who sign an agreement that is acceptable by the law, which makes it enforceable. The principles of contract law act as guideline in drawing contracts, which makes it a legally binding document. One of the most essential principle in contract signing is the agreement where one party must make an offer, and the other party agrees to it by signing to make it formal. Consideration is also one of the guideline in contract signing where there is exchange of value, which in this case, Adam Tan was to provide his services as a design consultant. Intention of both parties during contracting is another principle; the individuals in the contract should have all the intentions to fulfill the legal obligation that binds them in the contract or face the consequences in form of lawsuits. In the case of Great Designz Pte Ltd, both parties were aware they were entering into a legal binding agreement, if either of them were to breach the contract, they have to face penalties.
Another legal principle is the capacity of the contracting parties, which assume that these individuals have the mental ability to make decisions and understand what they are doing when reaching an agreement. Both parties, the employer and Adam Tan, both signed the contract knowingly. Also, the other key element is the genuine consent whereby there should be no coercion or force applied, resulting to manipulation of individuals during contract signing. In this case study, the contractual agreement was based on free will, as Adan Tan is a job seeker, and GD is the employer. Lastly, the principle of legality is crucial where the contract must meet certain requirement of the law. In my opinion, GD is entitled to terminate Adam’s contract; everything in the agreement is plain and clear. To avoid any conflicts and disagreements with his employer, Adam should have followed everything laid down in the contract. The initial agreement was that Adam was required to avail himself for the meeting scheduled at 9 am on 4 Feb 2019. What happened to him was not an emergency or abrupt sickness; it resulted from his negligence. Although Adam is competent at his job, it is now up to his employers to terminate his contract or pardon him.
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Reference
Eisenberg, M. A. (2018). Foundational Principles of Contract Law . Oxford University Press.
