• Join over 1.2 million students every month
  • Accelerate your learning by 29%
  • Unlimited access from just £6.99 per month
Page
  1. 1
    1
  2. 2
    2
  3. 3
    3
  4. 4
    4
  5. 5
    5
  6. 6
    6
  7. 7
    7
  8. 8
    8
  9. 9
    9
  10. 10
    10
  11. 11
    11
  12. 12
    12
  13. 13
    13
  14. 14
    14

The first importance is establishing that a valid contract has been made between the two parties, Alfie and Garage

Extracts from this document...

Introduction

MARIO NARGI BUSINESS AND COMPANY LAW LEVEL 4 20 CREDIT POINTS MODULE LEADER : J.MARSON HAND IN : 25th Jan 2005 Problem 1: 947 words Alfie and the Local Garage Intro: Alfie needs a garage for a new clutch. For Alfie to know to take his car to this garage there must have been an invitation to treat by an advert of some sort displaying what the garage undertakes. Alfie decided to go in, he asked the garage to fix his car, an offer is on the table, the garage person accepts to fix the car and in return for the work of a new clutch, a sum of �400 is to be paid. The first importance is establishing that a valid contract has been made between the two parties, Alfie and Garage. These two parties have committed themselves to carry out specific terms; these are discussed when bringing the car into the garage. The garage has agreed to install a new clutch in the Jaguar XK8, and Alfie has agreed to pay the price given to him of �400. Alfie leaves the car, he has accepted the deal. It is later confirmed by paying the sum of money, even though the amount to be paid increases. Usually when taking a car into a garage and leaving it to be repaired, a written contract is rarely, if ever drafted together. ...read more.

Middle

so the conditions of bottling must be discovered, otherwise, if this process was out of his responsibility then Kat only has grounds to make a claim against the public house for the cost of the drink (which is easily dealt with). Previous case law regarding Donoghue v Stevenson (1932), the drinks contents wasn't the fault of the public house, but of the manufacturers. Alfie couldn't be expected to examine the bottle thoroughly. He would take it on trust that the contents of the bottle were to be as expected from a liquid drink. Terms: Kat has Express terms in the contract which are basically as follows: 1/ she will purchase an alcopop drink for a sum of money There are Implied terms in the contract which are not stated but it would be expected: 1/ that the alcopop drink doesn't do anything other than what's it's meant to, i.e., it shouldn't make her ill (unless it makes her drowsy due to excessive drinking) Appeal Grounds: Alfie should be excluded of liability as the fault will most definitely lie with the drink manufacturers. Negligence may have occurred here, this will need to be addressed as to whether the drinks manufacturer will be claimed against for negligence, breaching a duty of care, or both. Payn would say that "a person is negligent when he or she fails to act like the standard "ordinary reasonable person". ...read more.

Conclusion

Away from economic losses, Kat could try to claim for non-economic losses such as the pain and suffering that she has been caused and the continued pain and suffering she might endure. Emotional distress and discomfort anguish and the long lasting effect of not enjoying the social aspect of drinking with friends when she goes out could be a factor. She may always wonder what lies in the bottom of her next alcopop and can't enjoy her self as a shadow of worry could forever hang over her. She may be compensated for having to deal with this feeling all the time. Bibliography Keenan. D & Riches. S, (5th Ed, 1998), Business Law: "Contracts for the supply of goods and services," London: Financial Time Pitman Publishing Kelly. D, Holme. A (2nd Ed, 1997) Q&A Series Business Law: "The Law of Contract and Negligence," London: Cavendish Publishing Ltd Marsh. SB & Soulsby. J, (8th Ed, 2002), Business Law: "The Nature of a Contract in English Law," Cheltenham: Nelson Thornes Ltd Prime. T, (1990), Commercial Law: "Statutory Instruments and Case," London: Blackstone Press Ltd Redmond. PW, (7th Ed, 1993), Introduction to Business Law: "Formation of Contracts," London: Pitman Publishing Rose. FD, (1989), Statutes on Commercial Law, "Sales of Goods and Supply of Goods Acts," London: Blackstone Press Ltd Walker. B & Payn. T (1995) An Introduction To Business Law: "Contract and Tort," Cheltenham: Stanley Thornes (Publishers) Ltd www.law.freeadvice.com/general_practice/suing_being_sued/tort.htm www.litigationcenter.bna.com/pic2/lit.nsf/id/BNAP-5JYKPS?OpenDocument www.oasis.gov.ie/justice/civil_case/negligence_and_compensation.html www.pernet.net/~danat/negloview. ...read more.

The above preview is unformatted text

This student written piece of work is one of many that can be found in our AS and A Level Law of Contract section.

Found what you're looking for?

  • Start learning 29% faster today
  • 150,000+ documents available
  • Just £6.99 a month

Not the one? Search for your essay title...
  • Join over 1.2 million students every month
  • Accelerate your learning by 29%
  • Unlimited access from just £6.99 per month

See related essaysSee related essays

Related AS and A Level Law of Contract essays

  1. Marked by a teacher

    "The requirement of consideration is an unnecessary complication in the formation of contracts."

    4 star(s)

    payment of the whole and the subsequent case of Re: Selectmore had also suggested as much. An exception to the doctrine of consideration comes in the form of estoppels such as estoppels by representation or known as common law estoppels, promissory estoppels and proprietary estoppels.

  2. Marked by a teacher

    A contract by definition is an agreement between two parties by which both parties ...

    3 star(s)

    going contrary to the provisions of the protection of wild birds act 1954, offering for sale a wild life bird for 25s each. The court quashed this conviction, stating that it was an invitation to treat and not an offer.

  1. Marked by a teacher

    Contract Law - Offer And Acceptance

    3 star(s)

    an offer made to living person who ceases to be a living person before the offer is accepted ... is no longer an offer at all' B. Lapse Of Time * Where an offer is stated to be open for a specific length of time, then the offer automatically terminates when the time limit expires.

  2. Marked by a teacher

    In this Assignment I am going to describe the requirements of a valid contract ...

    3 star(s)

    necessaries purchased - so no contact was enforceable Legality This means that the contract made between two or more people will have to be for legal purposes otherwise, it will be illegal. An example of this could be Pearce v Brooks 1866 where plaintiffs hired out an attractive-looking brougham to

  1. Four ways in which a contract may be discharged.

    before the time of discharge, there shall be recoverable fro him by the other party such sum (if any), not exceeding the value of the said benefit to the party obtaining it, as the court considers just having regard to all the circumstances of the case and in particular to:

  2. Write a critical evaluation of the elements of any two property offences

    This is because the Criminal Law Revision Committee believes that 'dishonesty' is easily recognized and should therefore be treated as an ordinary word. This leaves gaps in the law as judges and magistrates may have to deal with cases such as alleged business fraud, in which instance they may be

  1. Ian, an investment broker, wasapproached by Victor who asked him whether he should invest ...

    Here the statement could amount to negligent misrepresentation as Ian being in investment broker could have verified his statement from the company financial report and he knew that Victor was relying on his representation. Here Victor could bring on action under Common law misrepresentation or under the Misrepresentation Act 1967.

  2. Undue influence in the case of Barclays Bank v. O''Brian [1994] Lord Browne-Wilkinson was ...

    A bank will be unable to enforce security if one cohabitee stands as surety for the debts of the other and the bank is aware of this, if there has been undue influence misrepresentation or some other legal wrong by the principal debtor and the bank will have constructive notice

  • Over 160,000 pieces
    of student written work
  • Annotated by
    experienced teachers
  • Ideas and feedback to
    improve your own work