Unilateral and bilateral contracts Article Example | Topics and Well Written Essays - 2250 words

Unilateral and bilateral contracts - Article Example Unilateral and bilateral contracts The distinction between bilateral and unilateral contracts has been considered a fundamental principle of contract law and essential to the order of the contractual system. The focus of this analysis is to critically evaluate the theoretical legal dichotomy between unilateral and bilateral contracts and consider the practical similarities between the two. If we firstly consider unilateral contracts, the concept of a unilateral contract is illustrated by reference to a classic contract law case of Carlil v Carbolic Smoke Ball Limited4. In this case, the defendant was the proprietor of a medical substance and placed and advert in the Pall Mall Gazette promising to pay $100 to anyone who used the carbolic smoke ball for two weeks and who for a limited time after contracted the flu virus. Mrs Carlil took the substance and contracted the flu virus and sued for the $100. Mrs Carlil's claim succeeded and on appeal, Carbolic Smoke Ball Limited argued that the advert did not constitute an offer but was rather an invitation to treat. The Court of Appeal rejected this argument and held that there was a legally enforceable contract. The advertisement constituted an offer to the whole world and was capable of amounting to an offer of a unilateral contract without the requirement for acceptance. Moreover, this decision was the first case to highlight the requirement of intention to create legal relations. The Carlil decision had far reaching implications for contract law, with some commentators arguing that there is no difference between an â€Å"invitation to treat† and a contractual â€Å"offer†."invitation to treat" and a contractual "offer"5. The law of contract stipulates three fundamental requirements for the formation of a legally enforceable contract; namely; offer, acceptance and consideration (it is important to note that contracting parties must have legal capacity to enter into a contract). Lord Wilberforce presiding in the case of New Zealand Shipping Co Limited v A M Satterhwaite, The Eurymedon6 asserted the rule for contract formation thus: "English law having committed itself to a rather technical'' doctrine of contract, in application takes a practical approach''. Into the market slots of offer, acceptance and consideration7. An "offer" in the context of contract law has been described as "an expression of willingness to contract on certain terms, made with the intention that it shall become binding as soon as it is accepted by the person to whom it is addressed, the "offeree.8" The "expression9" may take different forms and the intention element is an objective consideration and the case of Smith v Hughes 10emphasised the relevant consideration as being a focus on how a reasonable person would view the situation. Furthermore, the law distinguishes between an offer and an invitation to treat, which is not an offer but an indication of willingness to negotiate a contract11. For example, in the case of Gibson v Manchester City Council12, the words "may be prepared to sell" constituted an invitation to treat and not a distinct offer. Moreover, an invitation to treat is an action inviting others to make an offer. Whereas an offer is itself binding, accepting an invitation to treat is making an offer13. This is particularly evident in the construction industry where tender

World war 1 poetry Essay Example | Topics and Well Written Essays - 750 words

World war 1 poetry - Essay Example Historical context is a compelling factor in a poem. Two poetic works may be dealing with the same issue or subject but these may differ when it comes to handling because these are based on different historical context. This is a fact that is very obvious when the poems of the early years and those of the later period of World War I are compared. During the early stage, the poems were still filled with idealism, particularly one that centers on the necessity of the war. The early World War I poems did recognize the reality of death but it also handled this subject in a very positive manner. A clear example of such poem is Charles Sorley’s All the Hills and Vales Along which has lines that say â€Å"sow your gladness for earth’s reaping / sow you may be glad, through sleeping / strew your gladness on earth’s bed / so be merry, so be dead† (257). However, the poems written during the later years of the war no longer glorify death and sufferings as noble sacr ifices in a necessary and just war. Instead, what are highlighted in the said poems are the physical and emotional pains suffered by the combatants as they continue fighting a war they gradually came to misunderstand. Death is no longer portrayed in heroic terms but rather as a matter of fact in war. An example of this is The Leveller, which is written by Robert Graves. Those who write about wars best are the very people who are engaged in it. In this regard, it is the men fighting in the front who can describe most accurately the normal human reaction to combat actions. Being soldiers themselves, the poets took a more introspective approach to the war they are fighting. Those who wrote poems at the early period of World War I, when death and destruction were not yet worse focused on glorifying the war itself. The poems were most calls to action and justifications of their respective country’s participation in the war. The message of lines like â€Å"In our heart of hearts b elieving / Victory crowns the just, / And that braggarts must / Surely bite the dust, / Press we to the field ungrieving, / In our heart of hearts believing / Victory crowns the just† from the poem Men Who March Away (Hardy) were common. Apparently, the lines dealt with the issue of death but if this is not glorified as a heroic inevitability, it is associated with the fate of the enemy. However, as the bloody fighting lasted for years and as both sides started to realize that the war only brought about pain and suffering, the poems too began to focus on death and destruction and treating these in ways less than noble. However, while it may be true that the focus of the poems display the differences in perspectives regarding the justness and nobleness of the war as it developed, most of these points out to the inevitability of death and destruction. The poems written in the early years also pointed out that death is inevitable but these also presented death as a necessity. Fro m the perspectives of the Allies, from which side the poets belong, dying in the fight is heroic which accounts for the encouraging lines â€Å"So sing with joyful breath, / For why, you are going to death† (Sorley). At the early stage of the war, when the soldiers were themselves bombarded with exhortations to fight valiantly and the public awash with propaganda on the justness of participating in it, the poems too reflected the general sentiment. These also painted the war positively, making it noble