除此之外，能力也是合同的一个基本要素。这意味着合同双方必须有能力签订合同。健全人的头脑，占多数的年龄，和他们自己的自由意志可以进入一个合同。在这里，Harvey和彼得都有能力进入一个合同，因此他们的合同是有效合同。
在Harvey作了口头要约和彼得已经接受了它，莎拉提出要约是有效的因为它已经采取行动时她送的现金数额。但是，莎拉已传达给晚了，和Harvey的报价已经连通的第一，所以彼得是负责销售的平Harvey就在那一天，等待他的支票而不是接受莎拉的现金。但在后来的剧情中曾提到，尽管Harvey已传达给说他将派支票的同一天，他的支票到达彼得通过一周后后，如果彼得接受了莎拉的现金，卖掉房子给她，他可以利用支票迟到，可以告诉Harvey，他等了一天，然后在不从他身边收到支票，把它卖了换钱。
在这种情况下，彼得和业主之间的合同是口头或口头的合同。彼得显示了他购买木材的打算，并向业主提供了一个报价。他提供的是一种有效的要约他传达它的主人，而且是明示条款支付£50以保证不出售给其他的人。他的提议是一个有效的，因为它已口头传达给业主和业主的接受也是有效的，因为他已经向彼得保证，他不会出售木材给任何人。都有一个意图建立一个法律关系，因此这个元素也存在。考虑的要素，确定性和能力也存在，因此它是一个有效的合同。现在，它是约束双方履行合同条款。最初，违反合同条款的已由彼得谁不回去同一天。根据彼得的承诺，他应该在当天晚上的同一天从业主收集木材，但他没有出现。官方说，业主可能会等待彼得到晚上，但随着彼得第二天到达，所以违反合同已经承诺。在这种情况下，彼得不能要求任何损害赔偿或赔偿的业主，因为他自己没有履行合同条款。
In addition to this, capacity is also an essential element of a contract. It means that the parties to the contract must be capable to enter into the contract. People of sound mind, of the age of majority, and acting of their own free will can enter into a contract. Here, Harvey and Peter both are capable of entering into a contract hence their contract is a valid contract.
After Harvey has made the oral offer and Peter has accepted it, Sarah makes an offer which is also valid as it has been acted upon when she sends the cash amount. But, as Sarah has communicated the offer late, and Harvey’s offer has been communicated first, so Peter is liable to sale the flat to Harvey on that very day, and wait for his cheque instead of accepting Sarah’s cash. But later in the scenario it has been mentioned that although Harvey has communicated the offer saying that he would dispatch the cheque the same day, his cheque reaches Peter via post a week later, so if Peter has accepted Sarah’s cash and has sold the flat to her, he can take advantage of the late arrival of cheque and can tell Harvey that he waited for a day and then upon not receiving any cheque from his side, sold it for cash.
In this scenario, the contract between Peter and the owner is an oral or verbal contract. Peter shows his intention of purchasing the timber and makes an offer to the owner. His offer is a valid offer as he communicates it to the owner, and moreover, makes express terms by paying £ 50 and taking assurances not to sale it to someone else. His offer is a valid one as it has been verbally communicated to the owner and the owner’s acceptance is also valid as he has assured Peter that he will not sell the timber to anyone else. Both have an intention to create a legal relation, hence this element also exists. The elements of consideration, certainty and capacity are also present hence it is a valid contract. Now it is binding upon both the parties to fulfil the terms of the contract. Initially, the breach of the terms of the contract has been committed by Peter who does not go back the same day. According to Peter’s promise, he is supposed to collect the timber from the owner on the same day in the evening, but he does not show up. Officially, the owner is liable to wait for Peter till the evening, but as Peter arrives the next day, so the breach of contract has already been committed. In this scenario, Peter cannot claim any damages or compensation from the owner, as he himself did not fulfil the terms of the contract.
