Bilateral Contract

Elements of a Bilateral Contract

To form a bilateral contract, it is necessary that the agreement includes certain essential elements. These elements make the contract legally binding and enforceable. The key elements of a bilateral contract are as follows:

• Offer: One party, the offeror, makes an offer to the other party, the offeree, which clearly communicates the terms and conditions to which the parties will agree upon.
• Acceptance: The offeree, in a clear and unequivocal manner, communicates their agreement to the terms and conditions of the offer.
• Consideration: Something of value exchanged between both parties. Consideration can include money, goods, services, or even a promise to perform (or not perform) a specific action.
• Mutual Assent: Both parties must fully understand and agree to the terms and conditions of the contract.
• Legality: The subject matter of the contract must be legal and permissible under the law.
• Capacity: Both parties must have the legal capacity (e.g. not be minors or mentally incapacitated) to enter the contract.

How Bilateral Contract Differs from Unilateral Contract

Although bilateral and unilateral contracts involve agreements between parties, they differ in terms of the promises made and the consideration involved. Let's compare the features of bilateral contracts with those of unilateral contracts.

Examples and Cases of Bilateral Contracts

In everyday life, one can encounter various situations where bilateral contracts are used. These type of contracts cover a wide range of fields and industries, encompassing numerous types of agreements. Here are some common example scenarios where bilateral contracts are formed:

• Sale of Goods: When you purchase an item from a store or online platform, you enter a bilateral contract with the seller. You, as the buyer, agree to pay the price in exchange for the product, and the seller promises to deliver the ordered item.
• Employment Agreements: As mentioned earlier, an employment contract between an employer and an employee is a classic example of a bilateral contract. The employee promises to perform certain duties specified in the contract, and the employer agrees to pay a salary and provide other benefits in return.
• Leases and Rental Agreements: When you sign a lease or rental agreement for a property, both parties (tenant and landlord) make promises to each other. The tenant agrees to pay rent and follow the terms of the agreement, while the landlord promises to provide the property for the agreed-upon term.
• Service Contracts: When you engage a service provider (such as a professional or a company) to perform certain services, a bilateral contract is formed. The service provider agrees to perform the services as per the terms of the contract, and the client agrees to pay for the services as agreed upon.

Notable Bilateral Contract Cases

In legal history, numerous notable bilateral contract cases can be observed. These cases have shaped our understanding and interpretation of the concept of bilateral contracts. Some significant bilateral contract cases are:

• Carlill v Carbolic Smoke Ball Co. (1893): In this famous case, the Carbolic Smoke Ball Company advertised a smoke ball product claiming it prevented influenza. The company also offered £100 to anyone who used the product and still contracted the flu, thus, creating a unilateral contract. However, the court classified it as a bilateral contract as both parties had reciprocal obligations to each other. Mrs. Carlill, who contracted the flu after using the product, sued the company and won the case.
• Stilk v Myrick (1809): This is a foundational case relating to the consideration aspect of a bilateral contract. When two sailors deserted their ship, the captain promised to divide their wages among the remaining sailors if they agreed to sail back to London. However, upon arrival, the captain refused to pay extra wages. The court held that the sailors were not entitled to additional wages, as their initial contractual agreement included completing the journey, which constituted the consideration.
• Fisher v Bell (1960): In this case, a shopkeeper displayed a flick knife in his shop with a price tag. According to the law, selling such knives was prohibited. The court determined that the display of the knife was considered an "invitation to treat" and not an actual offer to form a bilateral contract. The shopkeeper was not held liable for breach of contract as no contract had been formed.

These cases illustrate the complexity of bilateral contract law and the importance of understanding the key elements (including offer, acceptance, consideration, mutual assent, legality, and capacity) to create a legally binding and enforceable agreement.

Key Differences between Unilateral and Bilateral Contracts

Although unilateral and bilateral contracts both involve agreements between parties, they exhibit several fundamental differences in terms of promises, consideration, acceptance, and applications. Understanding these differences is essential in deciding which type of contract is suitable for a specific situation.

• Promises: In a bilateral contract, both parties make promises to each other, whereas in a unilateral contract, only one party is making a promise, and the other party is not required to make any promise in return.
• Consideration: Bilateral contracts involve mutual consideration where both parties exchange something of value, while unilateral contracts have one-sided consideration as only one party receives something in return for performing the requested action.
• Acceptance: In bilateral contracts, acceptance is usually expressed through communication between parties, which could be written, spoken, or inferred from conduct. In unilateral contracts, acceptance is demonstrated by the performance of the specific action by the party receiving the promise.
• Applications: Bilateral contracts are typically used for ongoing arrangements and long-term relationships, such as employment contracts and sales of goods. Unilateral contracts, on the other hand, are generally used for one-time events or specific actions, like reward offers and insurance contracts.

Pros and Cons of Unilateral and Bilateral Contracts

Each type of contract, whether unilateral or bilateral, has its own set of advantages and disadvantages. Having a comprehensive understanding of these pros and cons helps in choosing the appropriate contract type to suit individual needs and situations.Pros of unilateral contracts:

• Flexibility: Unilateral contracts allow the party receiving the promise to decide whether or not to perform the action – they are not obligated to do so.
• Simplicity: Unilateral contracts can be straightforward and involve fewer negotiation and communication requirements compared to bilateral contracts.
• Specific Actions: These contracts can be tailored to elicit a specific action, encouraging performance by providing clear rewards or benefits.

Cons of unilateral contracts:

• Limited Recourse: The party making the promise has limited recourse if the other party decides not to perform the requested action in the contract.
• Uncertainty: There is no guarantee that the requested action will be performed, which can be unpredictable and leave the promise-maker without any benefit from the contract.

Pros of bilateral contracts:

• Reciprocity: Bilateral contracts create a balanced mutual arrangement, wherein both parties are obligated to fulfil promises and have respective rights and benefits under the contract.
• Legal Protection: Both parties have legal recourse if the other party breaches the contract, providing a sense of security in the agreement.
• Long-term Relationships: These contracts facilitate ongoing arrangements between parties, promoting long-term relationships and stability in various industries and fields.

Cons of bilateral contracts:

• Complexity: Bilateral contracts usually involve more negotiation and communication, making them potentially more complex and time-consuming to create than unilateral contracts.
• Disputes: Disagreements can arise over the interpretation or performance of the contract, sometimes leading to costly legal disputes and disagreement between the parties involved.

Understanding the differences, pros, and cons of unilateral and bilateral contracts enables individuals and businesses to make informed decisions when establishing agreements, ensuring the type of contract chosen best suits their particular needs and circumstances.