Searchlight Logo
special_image

    • News
      • Front Page
      • News
      • Breaking News
      • Press Release
      • Features
      • Special Features
      • From the Courts
      • Sports
      • Regional / World
    • Opinions
      • Editorial
      • Our Readers’ Opinions
      • Bassy – Love Vine
      • Dr. Fraser- Point of View
      • R. Rose – Eye of the Needle
      • On Target
      • Dr Jozelle Miller
      • The World Around Us
      • Random Thoughts
    • Advice
      • Kitchen Corner
      • What’s on Fleek this week
      • Health Wise
      • Physician’s Weekly
      • Business Buzz
      • Hey Rosie!
      • Prime the pump
    • ePaper
    • Obituaries
      • In Memoriam / Acknowledgement
      • Tribute
    • Contact Us
      • Advertise With Us
      • Letters To The Editor
      • General Contact Information
      • Contact our Webmaster
    • About Us
      • Interactive Media Ltd
      • St. Vincent & the Grenadines
    • Subscribe
    • News
      • Front Page
      • News
      • Breaking News
      • Press Release
      • Features
      • Special Features
      • From the Courts
      • Sports
      • Regional / World
    • Opinions
      • Editorial
      • Our Readers’ Opinions
      • Bassy – Love Vine
      • Dr. Fraser- Point of View
      • R. Rose – Eye of the Needle
      • On Target
      • Dr Jozelle Miller
      • The World Around Us
      • Random Thoughts
    • Advice
      • Kitchen Corner
      • What’s on Fleek this week
      • Health Wise
      • Physician’s Weekly
      • Business Buzz
      • Hey Rosie!
      • Prime the pump
    • ePaper
    • Obituaries
      • In Memoriam / Acknowledgement
      • Tribute
    • Contact Us
      • Advertise With Us
      • Letters To The Editor
      • General Contact Information
      • Contact our Webmaster
    • About Us
      • Interactive Media Ltd
      • St. Vincent & the Grenadines
    • Subscribe
Understanding the Law
May 5, 2006

A look at Contract law

Agreements are made everyday in our market directed economy. In most cases something of value is exchanged for money. The law of contract provides for these agreements to be fair and reasonable so that the parties involved could benefit from their transactions. A contract is an agreement that is legally binding on the parties involved. This means that each person has rights and duties owing to the other. The contract is generally marked with a promise for a promise and the law gives a remedy to the person who suffers a loss for breach (premature end of the contract) by the other party.{{more}}

A contract is described from the manner in which it is formed, that is, it could be express or implied. An express contract could be oral, that is, where persons speak about the transaction without writing down the terms and conditions. It could be written in a simple document or in a highly technical document as in the case of deeds or it could be implied by the conduct of the parties.

For a contract to be legally binding it must meet certain requirements of the law. It must have an offer, acceptance and consideration. In addition the persons making the contract must have intention to create legal relations and capacity.

What is an offer?

An offer suggests a willingness to be bound in law. The seller makes an offer to sell to the buyer and not merely invite the buyer to treat with a display of goods. The seller is regarded as the offeror and the buyer the offeree.

Very often persons misinterpret an invitation to treat for an offer. Advertisements in magazines and newspapers and window displays are not offers they are merely invitation to treat. It still remains an invitation to treat even though there is a price tag on the item. If you ask the price of an item and you are told the price by the offeror this is not an offer it is merely a statement of the price. Invitation to treat is usually the step before the offer. Many offers are contracted at the cash desk when the buyer decides to buy an article or accept the agreement, otherwise when a customer puts back an item he would have breached the contract.

If for some reasons the items put up for sale were withdrawn the offeror will not be liable on the basis that an offer was made. The public at large could be informed of the item but only one or several persons can accept the offer depending on the number of items put up for sale.

There is an old English case which ably illustrates the nature of an offer. It is the case of Carlil v Carbolic Smoke Ball Co. Ltd. The Company offered the smoke balls for sale and undertook to pay one hundred pounds to anyone who contracted influenza while using the medicine. To show the sincerity of the offer, it claimed that it had already deposited one thousand pounds in the bank as reward. Carlil bought the smoke ball and used it as directed for eight weeks and while doing so contracted influenza. The Company denied having made an offer claiming it was just a puff or a sales promotion but the Court maintained that it was an offer to the whole world which Carlil accepted. Hence a contract may be challenged in court as to the validity or existence of an offer.

•Ada Johnson is a solicitor and barrister-at-law.

E-mail address is: exploringthelaw@yahoo.com

  • FacebookComments
  • ALSO IN THE NEWS
    Teachers  accused of causing damage to children
    Front Page
    Teachers accused of causing damage to children
    Webmaster 
    June 12, 2026
    Some members of educational institutions here are causing psychological damage to children who have speech and communication disorders, calling them n...
    Doctor under  investigation for  allegedly striking cop with a vehicle
    Front Page
    Doctor under investigation for allegedly striking cop with a vehicle
    Webmaster 
    June 12, 2026
    Prominent Consultant Urologist and Urologic Surgeon, Dr. Rohan DeShong, who pleaded guilty on one traffic violation count, and not guilty to two other...
    Soca, Ragga Soca artistes to light up Carnival City in Saturday Semi-finals
    Front Page
    Soca, Ragga Soca artistes to light up Carnival City in Saturday Semi-finals
    Webmaster 
    June 12, 2026
    The 22 artistes who will vie for a spot in the Big Bad Soca Monarch finals on Saturday, July 4, 2026, at Carnival City, have been announced and, follo...
    Quarry operations in Richmond may come under review
    Front Page
    Quarry operations in Richmond may come under review
    Webmaster 
    June 12, 2026
    Minister of Tourism and Parliamentary Representative for North Leeward, Dr. Kishore Shallow, says efforts will be made to address concerns surrounding...
    Mother blames  system for destroying her son’s mental health
    Front Page
    Mother blames system for destroying her son’s mental health
    Webmaster 
    June 12, 2026
    A mother of a 27-year-old mentally ill man says the systems, procedures, and policies that are in place to protect and help are the ones that have neg...
    UN official urges shift from response to prevention on development issues for SVG
    Front Page
    UN official urges shift from response to prevention on development issues for SVG
    Webmaster 
    June 12, 2026
    The United Nations Resident Coordinator for Barbados and the Eastern Caribbean Simon Springett, has urged developmental partners to abandon isolated p...
    News
    Rural Carnivals set the stage for VincyMas 2026
    News
    Rural Carnivals set the stage for VincyMas 2026
    Webmaster 
    June 12, 2026
    The weekend of June 5-7, 2026, saw the warming up for VincyMas, The Great Escape, as rural carnivals in North Leeward, South Leeward and East St. Geor...
    No official report as yet on police shooting of vehicle at Arnos Vale
    News
    No official report as yet on police shooting of vehicle at Arnos Vale
    Webmaster 
    June 12, 2026
    Up to the time of going to press, the police were yet to release details on one of their operations that involved gunfire and sent people scampering o...
    Government signs MoU to lease Cruise Ship Port
    News
    Government signs MoU to lease Cruise Ship Port
    Webmaster 
    June 12, 2026
    When Global Ports Holdings (GPH) took over the cruise ship port in Nassau, Bahamas, what a cruise ship tourist spends moved from $56 per person/per pa...
    Son jailed for illegal gun and ammo possession; charges against parents withdrawn
    From the Courts, News
    Son jailed for illegal gun and ammo possession; charges against parents withdrawn
    Webmaster 
    June 12, 2026
    A Union Island couple witnessed their son being sentenced to prison for 36 months after the family was initially charged with illegally possessing one...
    Man accused of arson granted $10,000 bail
    From the Courts, News
    Man accused of arson granted $10,000 bail
    Webmaster 
    June 12, 2026
    A Layou man was granted bail in the sum of $10,000 for allegedly setting a woman’s house on fire and destroying over EC$10,000 worth of items. Ray Pat...

    E-EDITION
    ePaper
    google_play
    app_store
    Subscribe Now
    • Interactive Media Ltd. • P.O. Box 152 • Kingstown • St. Vincent and the Grenadines • Phone: 784-456-1558 © Copyright Interactive Media Ltd.. All rights reserved.
    We use cookies to ensure that we give you the best experience on our website. If you continue to use this site we will assume that you are happy with it.Ok