• Join over 1.2 million students every month
  • Accelerate your learning by 29%
  • Unlimited access from just £6.99 per month

Contract Law

Extracts from this document...

Introduction

Contract Law Question 1. Part A 1. The Sunday Sentinel has for many years run a weekly crossword competition Readers are invited to complete a large and very difficult crossword, and send it in to the paper. The total prize each week is �5,000, and this is split between those readers sending in correct answers. a) In one week, one of the crossword clues was printed in error, with the result that there was no clue for the word that was supposed to appear in the crossword. It was announced in the Monday edition of the sister paper , the Daily Sentinel, that the competition was cancelled for that week. However, Bel only takes the Sunday Sentinel, and on Tuesday sent in an entry which was in fact wholly correct - she had worked out that the clue was a mistake, and guessed the answer. This was the only correct answer, but the paper refused to pay. The issue that arises here is that did Bel accept the offer contained in the crossword puzzle and in addition did she provide any consideration for her promise contained in the offer? The final issue that needs to be considered is whether the offer once made can be withdrawn or revoked. ...read more.

Middle

Finally the defendants in the case of 5Henthorn v. Fraser maintained tat they were not bound to sell the property to the plaintiff because they validly withdrew their offer before it was accepted. Based on this the newspaper company can claim that they had withdrawn the offer (Monday) before they received acceptance (on Tuesday) and since the general rule is that acceptance takes place upon posting of the acceptance as can be seen in the case of 6Entores Ltd v. Miles Far East Corporation Bel can not be entitled to the reward money. Part B. b) In another week, Molly has the bright idea of getting her friends Nel and Olly to photocopy her completed entry and send it in to the Sunday Sentinel. Molly's entry is a correct answer, but the paper's editor refuses to give Nel and Olly a share of the prize, despite the fact that photocopied entries are not expressly excluded by the rules. It may be argued that it is up to the offeror to state any particular terms or conditions of the offer and more importantly whether the acceptance must be in a particular form i.e. Fax etc. However it is then up to the offeree to perform the act in its entirety. ...read more.

Conclusion

Balfour, Warrington LJ states that "these two people never intended to make a bargain which could be enforced by law" In addition to this Atkin LJ held that Mrs. Balfour had not "supplied consideration for her husbands promise since the parties were still husband and wife at the time of the agreement and had not separated at the time of the agreement. Therefore since Des and Ellie were still husband and wife when they entered the crossword there was no intention to make a legally binding contract between both of them. However if Ellie had been living with Roy at the time of the agreement then according to 10Merritt v Merritt (1970) the contract would have been enforceable. In conclusion, according to the case of Simpkins V. Pays Des owes Ellie half the winnings. Further Professor Freeman argues that Balfour v Balfour is a case that represents Victorian family values and that the opinion of Des to refuse Ellie the money is not one of a reasonable mans. . 1 Carlill v Carbolic Smokeball Co 1893 2 Byrne & Co v Leon Van Tienhoven 1880 3 Contract Law Ewan McKendrick page 129 4 Shuey v United States1875 5 Henthorn v Fraser 1892 6 Entores Ltd v Miles Far East Corporation 7 Errington v Errington and Woods 1952 8 Simpkins v Pays 1955 9 Balfour v Balfour 1919 10 Merrit t v Merritt 1970 ?? ?? ?? ?? ...read more.

The above preview is unformatted text

This student written piece of work is one of many that can be found in our University Degree Contract Law section.

Found what you're looking for?

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

Here's what a teacher thought of this essay

3 star(s)

The grammar and overall structuring of the essay (see, e.g. paragraph 1 of part (a)) could be improved. Part (c), in particular, appears rushed and is quite muddled. Also the author does not get beyond the very basic case law and would benefit by using more appropriate and recent cases. 3 stars.

Marked by teacher Edward Smith 18/03/2012

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 University Degree Contract Law essays

  1. Analyse the elements required for the formation of a valid contract.

    Contracts could also be is implied by fact, which occurs when the circumstances imply that "the parties have reached an agreement even though they have not done so expressly (wikipedia, Contract). An invitation to treat in contract to offers, by auction sales, advertising, the circulation of a price list, exhibiting

  2. Criminal Law - Essay - Non-pecuniary loss

    as it is today, already existed in very much the same way 30 years ago; in between, however, the law developed in different directions and it can thus be said that the law has travelled a 'full circle' since then.

  1. law of contract-offer and acceptance

    The courts ruled that having a knife in a shop window with a price on it is an invitation to treat. In this scenario Kensall Homes has made an enquiry but the offer has been made by Millennium Ltd, in which they offered to sell 100 solar panels at �2000

  2. Critically discuss the presumptions relating to the intention to create legal relations.

    stated that the agreement was not a formal legal agreement subject to the juristriction of the courts. The defendants announced that they would not be taking any more orders, the plaintiffs sued in attempt to enforce the agreement. However, the House of Lords upheld the "honourable pledge clause" and stated that there was no legal intention.

  1. Contract Essay - The decision in Williams v Roffey.

    A will, or will be able to, complete his side of the bargain and (iii) B thereupon promises A an additional payment in return for A's promise to perform his contractual obligations on time and (iv) as a result of his giving his promise B obtains in practice a benefit, or obviates a disbenefit, and (v)

  2. Contract Law and Precedent - In the proposed scenario there are many factors which ...

    This was found to apply in the case of Hyde V Wrench 49 E.R. 132. In a similar situation the party making the counter offer was no longer able to accept the terms of the original offer. Using this case as a precedent, once Dotty's counter offer was made, Charlie

  1. Discuss the scope of the doctrine and remedies for frustration of contract in English ...

    The importance of force majeure clauses cannot be overstated in the drafting of commercial contracts. In Bremer Handelsgesellschaft mbH v Vanden Avenne-Izegem PVBA,xxv Mocatta J believed that there was "much to be said" for Counsel's submission that "there was no room for the doctrine of frustration to apply" when elaborate provisions, by way of force majeure clauses, were in place.

  2. Terms, Conditions, Innominate terms

    The word 'condition' is used for an important term of the contract and the word 'warranty' for a term of lesser importance. A breach of a condition gives the right to the innocent party to terminate the contract and to sue for damages,or to affirm the contract but also sue for damages.

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