Law is the system of rules which a particular country or community recognizes as

regulating the actions of its members and which is may enforce by the imposition of penalties.
Other meaning of law is a system of rules that are enforced through social institutions to govern
behaviour. From the article that I have read and I have been analysis it showed that the case
between Mr Yucetas and Ersan & Co Solicitors was a unilateral contract which is created when
one party promise to do something in exchange for acts done by another party. From what I had
learn that Section 2 (h) Contracts Act 1950 an agreement enforceable by law is a contract.
Contract involves 2 or more parties it can be made in writing, orally, by conducts and lastly
combination of three before. Mr Yucetas was working with injury firm which is Ersan & Co
Solicitors, that mean Mr Yucetas make an agreement with Ersan & Co Solicitors when his was
working in a company. In contract law got 2 types of contract which are bilateral contract and
unilateral contract. Bilateral contact is created when 2 or more identified parties exchange their
promises to do or abstain from doing something. Why I say it was a unilateral contract it is because
Ersan & Co Solicitors offer an 10% increasing the bonus payment to Mr Yucetas. Mr Yucetas
resigned from his work on 29 April 2016 but he complaint that he not received any payment from
bonus for his final year and last week salary.

The article that I have been read must have elements of valid contract which are proposal
or an offer, acceptance of proposal, need a consideration, intention to create legal relation, certainty
of contract, legal capacity of contracting parties, free consent of contracting parties, legality of
object and formalities. All that is necessary for most contracts to be legally valid that all parties
are in agreement for me Mr Yucetas make an oral agreement with Ersan & Co Solicitors that mean
when Ersan company offer an increasing 10% of Mr Yucetas final bonus payment. Mr Yucetas
also agree about that offer but Mr Yucetas only say it orally not make any writing agreement, later
that Ersan company come out with a writing agreement and Mr Yucetas has read all the term and
he changed his mind not signing that agreement. For me contract must also be in writing to be
valid. It is because oral contract can be difficult or impossible to prove. For me I think Mr Yucetas
agree for the first time because he do not know what contain in agreement because Ersan company
only said in orally. When Mr Yucetas received a draft contact but he cannot accept to sign in that
draft because it did not properly reflect the agreed terms between the parties. Judge say that it

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might be an errors terms in draft contract that make Mr Yucetas refused to sign in. I think the draft
might contain only one party that can get benefit from the agreement and it of course the advantage
goes to Ersan & Co Solicitors. Judge also want to see and know what contain in agreement but no
respond receive from Ersan & Co Solicitors, and Ersan company also failed to pay Mr Yucetas
final year bonus and last salary week.

Although it may seem like stating the obvious, an essential element of a valid contract is
that all parties must agree on all major issues. In real life, there are plenty of situations that blur
the line between a full agreement and a preliminary discussion about the possibility of making an
agreement. To help clarify these borderline cases, the law has developed some rules defining when
an agreement legally exists. The most basic rule of contract law is that a legal contract exists when
one party makes an offer and the other party accepts it. For most types of contracts, this can be
done either orally or in writing. Lets say, for instance, youre shopping around for a print shop to
produce brochures for your business. One printer says (or faxes or e-mails) that hell print 5,000
two-color fliers for $200. This constitutes his offer. If you tell the printer to go ahead with the job,
youve accepted his offer. In the eyes of the law, when you tell the printer to go ahead, you create
a contract, which means youre liable for your side of the bargain (in this case, the payment of
$200). But if you tell the printer youre not sure and want to continue shopping around (or dont
even respond, for that matter), you clearly havent accepted the offer, and no agreement has been
reached. Or if you tell the printer the offer sounds great, except that you want the printer to use
three colors instead of two, no contract has been made, since you have not accepted all of the
important terms of the offer. You have actually changed one term of the offer. (Depending on your
wording, you have probably made a counteroffer, which is discussed below.)

I can conclude that Mr Yucetas case is same with the example case that I have been given
above, that show when Mr Yucetas accept by saying yes to the agreement that offered by Ersan
company. In the law said that when Mr Yucetas said yes to the offer Mr Yucetas has made an
contract with Ersan company. For me, Mr Yucetas should said that he will consider first for an
offer before he confirmed to make an agreement and I think Mr Yucetas need more explanation
from Ersan company about increasing 10% of final year bonus before draft contract come out by

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Ersan company. On the others hand, I think Ersan company also wrong when they offer an
increasing of final year bonus, they should state a proper term or specific term in draft contract for
not make it so blurry or mistake in agreement. I also think that maybe Ersan company should not
make an any offer to their staff regarding increase in final year bonus before Ersan company email
to all staff about draft contract. They also should double check their agreement it is both parties
got benefit from that. I think Ersan company should make revocation of offer which mean that a
proposal may be revoked at any time before the communication of its acceptance is complete as
against the proposer, but not afterwards. Means that Ersan company should make a revocation
before they offer to their staff and before their staff accept that offer. Ersan company can made a
revocation of proposal by giving proper notice before acceptance can be made by the
communication of notice revocation by the proposer to the other party. Revocation of an offer must
be received and understood before it can come into effects. While, Ersan company do not make
any revocation regarding their offer, they also think that agreement between Mr Yucetas and them
are not exist when Mr Yucetas not sign any draft contract that have been email by them.

Mr Yucetas might think that an agreement between them a made because draft contract
that he received is not accepted by his sight and it should be both party agree. Therefore, he also
said he received that offer and accept by oral arrangement on other side party. I think we cannot
deny that agreement have been made between them because as I said before contract can be made
orally by words of mouth. Oral contracts are spoken agreements that are sometimes legally
binding. The problem proving an oral contract is the lack of tangible evidence. Oral contract cases
often rely on the performance of one or both parties that exhibits a clear reliance on the agreement.
Mr Yucetas has to make sure that he can prove that such a contract was made. Having several
witnesses, for example, can help establish that his contract exists. Likewise, physical evidence,
such as e-mails, letters, receipts or even a thank you card, can count as evidence for his oral
contract. Oral contracts are at their best when they pertain to simple agreements, easily memorized,
with plenty of evidence that such an agreement is in place. For example, Ersan company offer to
Mr Yucetas increasing in 10% of his final year bonus if Mr Yucetas complete his work or not
resigned before the date that have been given to him. Mr Yucetas and Ms Ersan handshake on the

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agreement with their friends Bob and Xander as witnesses, then Mr Yucetas keeps a voice record
from the story he agree about the agreement with the term given.

Ersan company have to make sure if a contract has all of the required elements, it is valid
and enforceable in a court of law. A void contract is not a contract and has no effect in a court of
law and cannot be enforced in a court of law. Most commonly, a void contract will be missing one
or all of the essential elements needed for a valid contract. Neither party needs to take action to
terminate it, since it was never a contract to begin with. Others than that, voidable contract is a
contract which may appear to be valid and has all of the necessary elements to be enforceable, but
has some type of flaw which could cause one or both of the parties to void the contract. The
contract is legally binding, but could become void. If there is an injured party involved, the injured
party or the defrauded must take action, otherwise the contract is considered valid. I think Ersan
company should consider first or rechecked their draft contract before sending out an email to their
staff because it important to have a valid contract so if any their staff want to sue that company
they can show their written evidence to judges by court. In this case Ersan company has failed to
show documentary evidence of what was discussed and agreed at that meeting or even evidence
to demonstrate when the meeting was held regarding, so it can make difficult to them to win these
cases. They need to be prepare if anything happened such as keeping an important evidence for
make a proof in a court.

The Ersan company argued that the bonus should not be paid because Mr Yucetas was
under notice to leave, while the last weeks salary should not be paid because he was not allowed
to leave early and he failed to complete his final week of work, but that all do not have any evidence
to proof that term condition in their company. As you may know, sometimes when you make an
offer it isnt quickly and unequivocally accepted, the other party may want to think about it for a
while or try to get a better deal. And before the other party accepts your offer, you might change
your mind and want to withdraw or amend your offer. Delaying acceptance of an offer and
revoking an offer, as well as making a counteroffer, are common situations that may lead to
confusion and conflict.

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 Many people believe oral contracts are not as valid as written contracts. This is not the case
since both are essentially just different types of contracts. In the case which has been analyzed
above, Ersan company had to pay Mr Yucetas the bonus final year and week salary arising from
the oral contract. In addition to this, they paid him $390 in to cover tribunal fees. It is important to
note that oral contracts are difficult to prove especially in instances where there are no witnesses.
In order to prevent a situation like this arising in future, Ersan & Solicotors should ensure that all
contracts are in written form and that they are worded in language which all parties can easily
understand. This will ensure that contracts play a more crucial role in future.