Enforceability of Contractual Agreements: Analysis of Consideration, Consent, and Legal Requirements
Overview
This paper examines the enforceability of contracts through analysis of a specific case involving Gilbert and Lee's employment agreement. It evaluates whether double-time compensation for additional shift work constitutes an enforceable contract by applying core contractual principles including offer and acceptance, legal consideration, capacity, and genuine consent.
What this coursework covers
- Question I: Analysis of contract enforceability based on elements of valid contracts (legal purpose, consideration, capacity, genuine consent)
- Question II: Discussion of whether contract enforceability changes based on timing (Lunar Year) and the importance of written agreements in contract validation
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Enforceable Contractual Law
Question I
Gilbert is legally entitled to the double-time of $200 as promised by Lee because they were engaged in an enforceable contract. An enforceable contract can be an oral or written agreement imposed in a court of law. Gilbert and Lee are in a contract that Gilbert would pay Lee $100 for working on single shifts every holiday. However, he convinces him to patrol the car park for Johnny, another sick car park attendant. The agreement between Gilbert and Lee is firstly for a legal purpose. Taking up a shift for a sick attendant has a lawful purpose because they were both in mutual agreement, and Gilbert extended an offer to which Lee accepted. Thirdly, there is a legal consideration since Lee was to get double the amount he would have obtained from a single shift. Gilbert and Lee are of sound mind, legal age, and unencumbered by drugs or intoxication by alcohol (Andrews & Yang, 2016). Finally, Gilbert and Lee have genuine consents as their contracts would not be valid if any parties made a mistake. For example, Gilbert did not threaten Lee to take up the double shift or lose the job. Hong Kong is based and still follows English Contract Law subject to Legislation.
Question II
My answer would remain the same if Gilbert was to work during the Lunar Year since an enforceable contract requires an offer and an acceptance.