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AS and A Level: Law of Contract

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  • Marked by Teachers essays 8
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  1. Marked by a teacher

    Stop, search and arrest

    4 star(s)

    Before the search begun, the police officer would have had to indentify himself and the police station of where he/she is based and tell the person to be searched the grounds for the search. Plus, If the police officer is not in uniform, then the officer must provide documentary identification, under section 2 of PACE. For instance, in R v Bristol, it was rendered that a stop and search was unlawful if the officer failed to provide the correct information.

    • Word count: 1202
  2. Marked by a teacher

    Contract Law - Acceptance.

    4 star(s)

    Unilateral contracts are usually accepted by conduct. If I offer �100 to anyone who finds my lost dog, finding the dog will be acceptance of the offer, making my promise binding - it is not necessary for anyone to contact me and say that they intend to take up my offer and find the dog. Acceptance must be unconditional An acceptance must accept the precise terms of an offer. CASE: Tim v Hoffman (1873) - one party offered to sell the other 1200 tons of iron. It was held that the other party's order for 800 tons was not an acceptance.

    • Word count: 1147
  3. Marked by a teacher

    In this Assignment I am going to describe the requirements of a valid contract and also describe how statutes affect contractual terms.

    3 star(s)

    can make an conditional acceptance. Acceptance After the offer has been made to the offeree, the offeree will now have to decide if he is going to accept the offer or not. It is important for a offer to be unconditionally accepted, because without a valid acceptance a contract cannot be made. An acceptance must be communicated to the offeror. The explanation to this is the "postal rule" where acceptance is made by letter. Consideration A contract cannot take place without good consideration.

    • Word count: 1997
  4. Marked by a teacher

    A contract by definition is an agreement between two parties by which both parties are bound by the

    3 star(s)

    Statutes have also been developed for example, sales of goods act (1979) and the unfair terms in consumer contract regulations (1994) but does this mean that consumers are the only ones with rights when it comes to contract? Should sellers be bound to sell their goods forcefully due to the law of contract? The answer to these questions is somewhat obvious as the law of contract didn't come into existence to bring injustice or limitations to just one party. The ruling of the case of, Felthouse V Bindley (1862) makes it clear what the law of contract is there for.

    • Word count: 1457
  5. Free essay

    Outline how consumers are protected in contracts for the sale of goods, identifying relevant express and implied terms in the contract. Refer to two relevant statutes

    This information ranges from the weight, quantity, size and if it is a food product; the ingredients. If the seller fails to provide relevant or adequate information, the buyer has a right to reject the products as this counts as a breach of contract. Fit for purpose and of a satisfactory quality The goods for sale should correspond to the description provided and must be of a satisfactory quality. This means that it should be in a safe, fully functional working condition and fit for the use that it is intended. Sample When large amounts of an item are being purchased (in bulk), it is not possible for the buyer to check each and every single item to ensure that it matches the description.

    • Word count: 1837
  6. Assess the amount of protection which the law gives to a minor who enters a contract with an adult

    The courts have considered it in the minor's interest ( as well as that of the other party ) that he should be able to enter into binding contracts for necessaries. The law relating to the sale of necessary goods is governed by S2 of the SGA 1893, and the law relating to the supply of other necessaries is governed by the common law. In substance, however, the concept of what a necessary means is the same whether the statute or the common law applies. By way of extension of the concept of necessaries, certain contracts of service will bind a minor if they are for his benefit.

    • Word count: 1178
  7. Write a critical evaluation of the elements of any two property offences

    The definition of appropriation is 'any assumption by a person of the rights of an owner;' which means that it is irrelevant whether the act was done with or without the owner's consent or authority. In other words, it seems that genuine consent can now be appropriation and as a result theft. This is illustrated in the case of Hinks (2000) where under Lord Steyn it was held that, appropriation should not be given a narrow definition as it would "place beyond the reach of criminal law, dishonest persons who should be found guilty of theft."

    • Word count: 1432
  8. Free essay

    In this task I am going to investigate statutory consumer protection. I will be taking part in a legal meeting (acting as a Contract Law Solicitor) representing Jordan Smith who wants to make 2 complaints; one to the manager of Comfyfloors and the other t

    agreed to transfer the carpet to Jordan (the buyer) for money. This law gives customer the right to complaint for damages and demand the seller to sort out the problem. * Implied terms aren't written down anywhere, but are understood to exist. If there's nothing clearly agreed between you and your employer about a particular matter, then it may be covered by an implied term. In a contract implied terms could be the following: * Right to sell goods - The seller must have the right to sell the goods, if the sale is made privately; there is no duty by the seller to ensure quality or suitability.

    • Word count: 1233
  9. Property Law-bg

    ????????? ?? ??????? ????? ????????????? ???????????, ????? ???? ?? ?????????, ?? ????? ?? ????? ????. ?????????????? ?? ?? - ?????????? ?????? ?????????????? ?? ??????????? ?? ??.???? ?? ????????? ????????? ?? ?? ? ??, ????? ?????? ????????? ????????? ?? ?? ???? ?????? ???????????? ? ????? ?????????? ?????? ???????, ? ????? ?? ????????? ???? ??????????: * ???? ?????????? ??????? ??????; * ????? ?? ???????????; * ??-? ????? ????? ???; * ???????????, ???????????? ? ?????? ?? ??; * ????????; * ???????????. ????????? ?? ?? ??? ???????????:1) ????????? ?? ?? ? 2) ????????? ?? ???????????. ??? 1) - ???? ?? ?????? ???, ?????????

    • Word count: 1341
  10. Law and Ethics in tourism

    A valid contract must have an offer from one side and acceptance of the offer from another side. An acceptance is the unqualified agreement to the terms of the offer, that means that the acceptor, having received the terms of the offer, is equally prepared to commit himself and does so simply by agreeing, without any strings attached, to what the offeror propose. In terms of a package holiday contract that if a client, after long discussions with his travel agent about all the details of a holiday, finally agrees to buy the package offered this will amount to an

    • Word count: 1100
  11. Definitions of Actus reus, mens rea & strict liability

    or the Actus Reus of the offence of criminal damage is that property belonging to another must be destroyed or damaged (S1(1) Criminal Damage Act 1971). Conduct and result crimes are those in which the Actus Reus is defined in terms of a prohibited outcome that has to be caused in a particular way by specific conduct. Arson involves a combination of a prohibited result (damage or destruction of property) and conduct (the property must be destroyed by fire). Act Act must be voluntary, in Hill v Baxter, the driver was not in control of his car Actus Reus can

    • Word count: 1155
  12. "Everyone has the right to respect for their family life." Discuss this statement in light of s.8 of the ECHR and the case of EM (Lebanon (FC) (Appellants) (FC) v Secretary of State for the Home Department

    Article 8: The Right to Respect for Private and Family Life This article ensures the person has the rights for his/her family and private life to be respected; this is to stop families being broken up and the essence of family life breaking apart. This was put in place to benefit all members of the family. The article also provides a right to be free of any unlawful searches however the state must interfere if the persons actions are causing harm and problems, such as if a mother was harming a child, then the right to a private and family life would have to be interfered to ensure the safety and wellbeing of the child.

    • Word count: 1051
  13. Legal Studies Assess Two

    Court in which the case took place. This case took place in the Supreme Court of New South Wales in 1996. 5. The personnel in the case. The personnel in the case were: Judge: Justice David Hunt. Prosecutor: Mark Tedeschi QC. Defence: Terry Martin. Prosecution witnesses: - Paul Onions. - The parents of each of the victims. - Dr Bradhurst (described the injuries inflicted on each victim). Defence witnesses: - Ivan Milat. 6. Why a jury was used and its effectiveness in achieving justice.

    • Word count: 1767
  14. Common Law, 1st yr problem based assignment

    Samantha's advertisement is quite vague as it is not specific enough to be qualified as an offer. It is stated in the text, "red toyota, in good condition", but what is the other details like the model and its age? Besides, an advert could not produce a valid offer. As in Partridge v Crittenden2, when ordinary people read an advert, they will assume the product might not be available and there could be out-of-stock. Therefore, Samantha's advert is an invitation to treat and cannot be accepted by Jacky's expression of desire to buy the car. Jacky's "offer" to buy Samantha's car on 2nd October is vague too.

    • Word count: 1550
  15. Contract law

    Kenny's letter construed as an offer to sell car for $50,000. Acceptance is final and unqualified assent to terms proposed by offeror and must be mirror image of the offer. Elaine writes back and offers to pay $40,000. This is not the mirror image of the offer and thus no acceptance from Elaine. In addition there must be an intention from both parties to create legal relations in a contract. Kenny and Elaine are in the commercial agreement and involved a business matter. In the case of Edwards v Skyways, the law presumes that there was intention to create legal relations in commercial agreement.

    • Word count: 1000
  16. health and safety legislation and regulation

    the machine won't be aware of the danger or may for get to wear a goggle and can get his eye blind. * If there are no markings of personal space the person who is using the machine can have a hard time working on that drill because others can come in to his space and disturb him and they may even come and take his tool without knowing they are do so. Also if someone walking behind the person on the drill the person on the drill can turn a around with a sharp tool and can accidently injure the person behind because the person on the machine can't see the other person.

    • Word count: 1543
  17. contact law

    This letter was not received for four days. Therefore this requires consideration of the postal rules. In Adams v Lindsell (1818) B& ALD 681 are that the defendants wrote to the plaintiffs on 2 September, offering to sell them some wool and requested that the plaintiffs reply 'in course of post'. The letter which contained the offer was wrongly addressed and therefore the plaintiffs did not receive it until 5 September. As a result of this delay, the letter of acceptance was not received until 9 September by the defendants, and this was two days later than the defendants would have expected to receive it.

    • Word count: 1785
  18. contact law

    The second is postal rule - the acceptance is communicated as soon as the letter of acceptance is posted and remains effective even if the letter is then lost, delayed or destroyed. However the letter must be properly posted and addressed. A responsibility under a contract can only be enforced if the party who wants to enforce that obligation has given (or given up) or promised something in return. All parties to a contract must provide consideration and if no consideration has been provided by a party to the contract then the contract will only be enforceable if it is made as a deed.

    • Word count: 1921
  19. law of contrac unit2,asssisgnment1 3part qeustion

    Joan and Elizabeth turn up but John fails to put in an appearance. Can they hold John responsible for any losses that they may occur as a result of their wasted journey? 3. How does the contractual capacity of a minor differ from that of an adult? Assignments may be typed, word-processed or hand written. Neatness will be taken into account on your grade. Please insert your name and address on the top of this sheet and return it, with your Assignment to the Association at the above address. Q1) The area of law the scenario concerns is contract law specifically raising issues of offer and acceptance.

    • Word count: 1792
  20. Consideration

    Consideration is the distinguishing factor between what is a contract or a gift. The rules of consideration consist of 5 different categories. Consideration need not be adequate but it must be sufficient. This is shown in the cases of Thomas v Thomas (1842) and White v Bluett (1853), these cases state that what is promised must be real, tangible and have some actual value, this is considered to be sufficient consideration. Items with no apparent value have also been classed as amounting to valuable consideration, seen in the cases of Chappell v Nestle (1960)

    • Word count: 1523
  21. Analyze the contribution of psychological contract literature to the understanding of OCB.

    as mediated by psychological elements such as trust and organizational commitment (Tepper, Lockhart and Hoobler 2001). This process is marked by a succession of exchange relationships through which employees reciprocate what they perceive to be favourable treatments from their employer (Organ 1990; Coyle-Shapiro, Kesler and Purcell 2004). Similarly, researchers writing about the notion of psychological contract have pointed out that the development of an individual's psychological contract constitutes a gradual process through which emerge mental schemas about the evolution of the employment relationship (Rousseau 1997).

    • Word count: 1933
  22. The facts of the case strongly illustrate that a personal injury claim should be made against the 'other driver' on the client's behalf.

    Also, any CCTV footage or photographs of the accident scene, would be useful if available. The client would need to produce the medical bills which she acquired for the injuries sustained due to the accident. The expenditure would be added to the damages claimed at a later stage. It must be noted that, even if the client is on the NHS, a bill would nevertheless be sent to her for emergency hospital treatment because she would be claiming personal injury damages. A medical report would also be needed, which would served with the particulars of claim.

    • Word count: 1339
  23. Dodgy developers are looking to claim compensation from office suppliers for delivering there workstations later than contracted, which in turn resulted in dodgy developers refurbishment being late and thereby they suffered loss.

    the initial making of the contract, office suppliers sent out there terms. It is the case that any term not those just purporting to exclude or limit liability is considered invalid if has not been incorporated into the contract. And because the terms were sent out after the contract was formed they cannot be consider to be incorporated into the contract. As a general rule, an exemption clauses only incorporated into a contract if notice is given before or at the time of contracting. In Olly v Marlborough court ltd (1949) a married couple booked into a hotel and on entering a room read a sign stating the hotel would accept no responsibility for loss or damage to guest's property.

    • Word count: 1093
  24. For a contract to be valid there must be an agreement and an offer between the two parties

    Roger entered the shop and wondered around where he saw a table with a sign saying ' last few sale items all �25 or less'. Roger spotted a top of the range Zony CD radio Cassette recorder, he decided that the Zony CD Cassette recorder was the item he wanted. At the counter the sale assistance, Julia scanned the item. Julia tries to sell the item to roger by asking for �75. Roger refused to pay �75, and reply's to Julia that the radio is a sale item and that he had taken it from the table were all the sale item were.

    • Word count: 1879

Conclusion analysis

Good conclusions usually refer back to the question or title and address it directly - for example by using key words from the title.
How well do you think these conclusions address the title or question? Answering these questions should help you find out.

  1. Do they use key words from the title or question?
  2. Do they answer the question directly?
  3. Can you work out the question or title just by reading the conclusion?
  • "Everyone has the right to respect for their family life." Discuss this statement in light of s.8 of the ECHR and the case of EM (Lebanon (FC) (Appellants) (FC) v Secretary of State for the Home Department

    "Conclusion To sum up my essay I would say that I agree with the decision of the House of Lords because as said in court, the evidence is compelling that sending the mother and son back to Lebanon would completely tear apart the essence of their family life as the mother would be charged with kidnap and due to Lebanese law the child would be handed over to the father, and still if the father were found to be unfit as the parent, the son would be passed to the paternal grandfather or a member of the fathers family, not however the mother. I can see the reasons for the case against her because in a way once she would be back in Lebanon she would no longer have that right since Lebanon is not a member of the convention however essentially it would be down to the United Kingdom for not respecting EM's right to a family life."

  • Critically evaluate what in law will amount to an offer

    "In conclusion invitations to treat and inquiries are not offers, therefore this in law will not amount to an offer, however if there is an offer and it is specific between 2 people, then this will be deemed as a legitimate offer. Similarly if the offer is implied it can still be deemed to be an offer. By Ford-Western 13L"

  • Explain what is meant by an unfair term in a contract and describe and evaluate the effect(s) thereon of the Unfair Terms in Consumer Contracts Regulations 1999

    "In conclusion I would say that the effect of the Unfair Terms in Consumer Contracts Regulations 1999 on whether a term is to be deemed fair or unfair prevents an injustice on consumers who may not have strong bargaining power against larger corporations. The regulations have also given more qualifying bodies the right to take action against unfair contracts which will most likely help decrease the level of unfair terms in future contracts and greater equality for consumers. An advantage of the 1999 regulations is that they take into account the previous 1977 and 1994 regulations which mean that there is greater protection for consumers from unfair terms. The fact that the regulations are confined in their scope to consumer contract means that it is kept out of the commercial sphere where the need for certainty is greatest. So the uncertainty which the regulations will initially create is not the grave cause for concern which it would be if it applied to international contracts for the sale of goods.16 Overall the 1999 Regulations have had a significant effect on unfair terms, which will must likely result in a decrease of unfair terms being used in contracts."

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