Contractual Law: A Look at John and Chen Essay -- contract law, case st

a) What arguments could Chen use to support his refusal to pay John more than the original agree price? A valid vex that is legally enforceable should consist of an offer, an acceptance, an intention to be bound and a sufficient consideration. Accordingly, the first twinge formed by Chen and John includes Johns correspondence to build for Chen extension of the house in consideration of payment of the price of building materials as per the date of completion of performance of the direct and apprehend costs of $6000 at the performance of the contract. First and foremost Chen needs to understand that this was the original contract and both him and John were legally bounded by the contract. By changing the terms of agreement, John made a counter offer a fact that Chen could use in his justification for refusal of payment. This is discernible as John proposed a new term in the contract by demanding a payment of $10,000 or not doing the job as agreed in the original contract. A co unter offer changes the terms of the original contract and at this time Chen had the right he terminate the contract due to Johns counter offer. As a matter of fact, it is worth noting that a counter offer fails to exist if the offeree accepts the new terms of the contract as Chen did but Chen can use it to argue that John had no intention to be bound by the original contract (Koffman and Mcdonald, 2007). Duress occurs in a contract when one party is made to engage in a contract that he otherwise did not inadequacy to engage in due to blackmails, threats of bring actual harm, and threats of withdrawal from the contract at the time it is urgently needed. The two types of duress currently existing is visible duress and economic duress and Chen can use econ... ...n argue that failure of his completion of the contract in time was out of circumstances that he could not control. In addition, John can argue that the breach of the term of completion of the building at June was contrib uted by Chenss reluctance of acceptance of the min offer.ReferencesBooksAdams, A. (2010). Law for Business Students. London, U.K Longman Koffman, L. & MacDonald, E., (2007) The Law of Contract (6th Edition) Oxford University Press, McKenDrick, E. (2005). Contract Law Text,. Cases and Materials (2nd Edition) Oxford University Press,CasesBank of Australia Limited v Amadio (1983) 151 CLR 447Goldsbrough Mort & Co Ltd v Quinn (1910) 10 CLR 674,Integrated Computer serve Pty Ltd v Digital Equipment Corp (Aust) Pty Ltd (1988) 5 BPR 11,110).Smith v William Charlick 1924 34 CLR 38The Mihalis Angelos 1970 3 WLR 601