CONTRACT FORMATION
Issue: 1
The issue is whether there was a legal contract between Justin Timberlake and Bob about the
United States of America, Scotland, and Israel's contract laws.
Law
In Israel, Scotland, and the United States of America, a contract is formed in the
existence of an offer, acceptance, definiteness, intention of parties, and form 1 . Under Israel's
contract law, there must be an offer given out by one party to another. The Israel laws also
demand that there must be acceptance of another party's proposal to consider the contract as
valid. The Israel law of contract also requires an intention to be shown by both parties forming
the deals even if it is unilateral. The contractual parties must also show that there is capacity.
They should fulfill some of the contract terms to be valid in the Service Contract Act of 1965 2 .
Rejection of an offer immediately, but suppose acceptance notification is received earlier, the
rejection not considered. Under Israel’s contract laws, offered is allowed to reject the offers
through letters and emails .however, the offeror must receive the notification for recognition. In
Scotland, the contractual parties are also not entitled to refuse an offer after acceptance without
the other party's knowledge.
Application
Justin Timberlake had entered into a contract with bob, which he had advertised initially.
Bob had the intention off intention for entering into the contra t with Justin Timberlake, shown in
different ways. Bob personally enveloped $1000, 000 which was the required amount by the

1 Adams M, Husa J, and Oderkerk M, Comparative Law Methodology (Edward Elgar Pub 2017)
2 Clarkson K, Business Law (Cengage learning 2018)

CONTRACT FORMATION 3
singer Justin Timberlake. In the envelope, bob also included a signed document and this signified
acceptance of the offer advertised by Justin Timberlake. About the contract law of Israel, the
contract between Bob and Justin Timberlake was valid 3 . The argument would be that the deal
upon meeting some of the essential properties of contracts such as an offer given, acceptance,
and consideration all responded. Suppose the matter was taken before the courts in all the three
nations (Israel, Scotland, and the United States of America), the plaintiff (Justin Timberlake)
would argue that the defendant (bob) breached the contract terms by rejecting his offer which he
had initially accepted. Second, the plaintiff would add that the defendant failed to serve him with
notification on rejection on time. During the case proceedings, the defendant would argue to the
magistrate that termination of the contract after informing the plaintiff. The courts in the thirteen
countries would rule the case in favor of the plaintiff after confirmation of the facts given. The
situation would rule about the similar case of Harvey v Facey HELD [1893] AC 552 4 , where the
defendant accused of rejection of goods. The defendant rejected the goods supplied without
informing the plaintiff. The courts ruled in favor of the plaintiff and compensated for the
damages by the defendant. Similarly, the defendant (Bob would be made to pay for the damages
caused to Justin Timberlake.
Conclusion
There must be an offer, acceptance, consideration, capacity to fulfill, intention, and
legality for a contract to be validated .the law applies in Israel, Scotland, and the United States of
America. There must be timely communication from the offeree either in the mail or written
form to cancel the previous acceptance.

3 Clarkson K, Business Law (Cengage learning 2018)
4 Burrows A, A Casebook On Contract (Hart Pub 2011

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Issue: 2
a) The question is whether the contract between Jonathan and Amit was void or voidable
in the courts of Israel, Scotland, and the United States of America.
b) The issue is as to whether the contract between Jonathan and Amit was void or
voidable in Israel’s, Scottish and United States of America's court of law suppose Jonathan knew
of the fake painting.
Law
Void contracts tend to luck the capacity for law enforcement; hence an individual cannot
sue another seeking for court intervention suppose breached. In Israel, the United States, and the
Scottish contractual laws, a contract can be void even at formation 5 . When the agreement made
not supported by the public's policy and even when the contract. Moreover, in situations where
one of the contractual parties involved is not recognized to competent by the people also
constitutes a contract being void. However, the contract laws of Israel, the United States of
America, and Scotland states that arrangements can be valid when they are made and lose their
meaning as time goes by since laws may change. Circumstances under which contracts are made
also modify and also contribute towards making a contract void.
On the other hand, voidable contracts are enforceable before the courts of law of
countries such as Israel, the United States, and Scotland. A deal that is voidable has two parties,
which are all held by the contractual terms. However, voidable agreements can be executed by
order from the court of Israel, the United States as well as Scotland. The above countries' laws
allow one of the contractual parties to breach the contract upon detecting defects. Some of the
5 Arrowsmith S, and Kunzlik P, Social And Environmental Policies In EC Procurement Law (Cambridge
University Press 2009)

CONTRACT FORMATION 5
weaknesses include misrepresentation, unsociable contractual terms, duress, and a mistake made
mutually by the parties involved 6 .
Application
The contract formed between Jonathan and Amit met all the requirements for
categorization as a valid contract. The contractual laws for the United States, Scotland, and Israel
all require that an agreement must be enforceable before the law. Such contracts are voidable. In
the first instance, Amit ant Jonathan entered into a deal as Amit wanted to purchase painting
services from Jonathan. Suppose the case was brought before the courts of law in Israel,
Scotland, and the United States of America; the arguments could have been the same based on
the different statutes. During the case proceedings, the plaintiff Amit could argue that Jonathan
had breached the contract. Jonathan would say that he was not aware of the defects of the
painting services rendered. The courts would rule the case in favor of the defendant (Jonathan).
However, in a circumstance where Jonathan was aware of the paint's faultiness, the courts would
conclude that Jonathan was guilty of misrepresentation. Even if Jonathan knew of the pains'
fakeness, he failed to warn his customer Amit to take reasonable caution.
Remedies
Such matters can always seek through negotiations between the contractual parties .such
methods would help the parties involved to save time and money wasted filling cases.
Conclusion

6 Law (Cambridge University Press 2009)

CONTRACT FORMATION 6
Laws of contracts in the United States of America, Scotland, and Israel require
individuals to make voidable contracts. The reason being that voidable contracts are legal and
enforced before the law in case of any conflict.
Issue: 3
The issue is as to whether great Yachts builders could sue Osnat for anticipatory breach
of the contract they had either in Scottish, American and Israel courts.
Law
Anticipatory breach of contract entails situations whereby one of the contractual parties
fails to perform as agreed during the resignation of the contractual terms 7 . However, some cases
included in the anticipatory breach. Where one party foresees future incapability to fulfill the
contract's promises, circumstances that are not avoidable can lead to an anticipatory breach.
Under such circumstances, the breaching party is allowed to breach and sue for compensation.
Application
GYB entered into a contract with Osnat, which was already in progress when Osnat
changed the mind of buying the services from them. Suppose the case is taken before the courts
of law in Scotland, New York, and Israel, the courts would rule in favor of GYB (defendant).the
reason being that Osnat opted out of the contract just before the service could be rendered by
GYB. Moreover, Osnat showed a lack of interest in their previous deal with GYB hence buying
the jet from elsewhere. GYBs decision to sell its services to another buyer was following
Scotland, New York, and Israel's laws. The law allows contractual parties to opt-out of the

7 Adams M, Husa J, and Oderkerk M, Comparative Law Methodology (Edward Elgar Pub 2017

CONTRACT FORMATION 7
contract on such circumstances. The rulings would be in favor of GYB; hence Osnat would not
be compensated for any damages.
Remedies
In situations whereby the defendant is found guilty of anticipatory contract breach, then
the courts would order the defendant to pay for damages. The compensation may include money
spent in the form of fines. Suppose the court money cannot compensate for the costs, then courts
may apply the law of equity 8 .
Conclusion
Anticipatory brachial of contracts are common in the Americans, Israelites, and parts of
countries such as Scotland. The tree countries refer to anticipatory breach as something done due
to unavoidable circumstances. One of the parties may inform the other of incapability to fulfill
the promise. In cases such as the one for GYB and Osnat, the courts would favor the defendant
GYB. The reason being that GYB (plaintiff) breached the contract after Osnat had opted to get
the services from somewhere else upon giving notice. Some of the remedies for anticipatory
brachial include the application of equity law. Courts may also apply for monetary
compensation.

8 Burrows A, A Casebook On Contract (Hart Pub 2011)

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Bibliography

Adams M, Husa J, and Oderkerk M, Comparative Law Methodology (Edward Elgar Pub

2017)

Clarkson K, Business Law (Cengage learning 2018)

Ferrari F, and Gillette C, International Sales Law (Edward Elgar Pub 2017)

Burrows A, A Casebook On Contract (Hart Pub 2011)

Arrowsmith S, and Kunzlik P, Social And Environmental Policies In EC Procurement

Law (Cambridge University Press 2009)