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University Degree: Contract Law

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  • Marked by Teachers essays 4
  1. All contracts are agreements but all agreements are not contracts. Discuss.

    than being in any way enforceable For a contract to be formed an offer made must backed acceptance of which there much be in consideration. Both parties engage in must intent to form legal relation on a lawful matter which must be entered into freely and should be possible perform. The legal relation I explained it above is one of the crucial part of element of contract. There are some essential elements of a contract namely that an agreement is made as a result of an offer or acceptance.

    • Word count: 5565
  2. Law of Contract Example considering invitation to treat, offer and acceptance, intoxication of alcohol and revocation of an online purchase.

    an invitation to treat even if it calls itself an offer and quotes a price.[2] There are certain situations that are held to be invitations to treat rather than offers. These being; goods in shop windows, goods on display in self-service stores, offers to the public at large or advertisements and quotations. For example, the case of Harvey v Facey[3] was where it was objectively viewed that the communication of ?I accept? actually constituted to an offer. However, since the other party did not reply to that statement, the ?offer? stood unaccepted, and therefore there was no contract between the parties.

    • Word count: 1935
  3. In the case ofButler Machine Tool Co Ltd v Ex-Cell-O Corp (England) Ltd [1979]1 WLR 401 (CA), Lord Denning advocatedan alternativeapproach to the traditional mirror-image rule forcontract formation.Discuss whether you consider the courts should adopt the traditional approach or that of Lord Denning when deciding whether a contract has been formed.

    Any attempts to amend the offer (excluding noted exceptions to the rule, such as that empty term will be disregarded and that an additional term for the benefit of the offeror) will result in a counter-offer that cancels out the original offer; this was decided by Lord Langdale in Hyde v Wrench[3] and it remains good law to this day. This method is favoured as it improves certainty for the parties to a contract, the knowledge that they will not be contractually bound until there is equivalent offer and acceptance, and also for the courts themselves as it provides set rules to follow.

    • Word count: 2578
  4. This paper will critically discuss the validity of the doctrine of Consideration, in terms of its result and the reasons advanced by the judges in William v Roffey[1] and how it would seem to permit any variation of a contract.

    Subsequently, consideration is a fundamental part of contract law and is used to distinguish between enforceable and unenforceable contracts. Hence, a promise cannot be binding unless it is contained in a deed, of a gratuitous nature (a gift), or is supported by consideration[6]. The doctrine of consideration is based on the idea of reciprocity[7], ? something of value in the eyes of the law must be given for a promise in order to make it enforceable as a contract?[8] (Thomas v Thomas)[9]. Conspicuously, the doctrine of consideration is governed by many rules and exceptions, notably, that consideration must be sufficient but need not be adequate as was apparent in Chappell & Co v Nestle Co Ltd[10], where three chocolate

    • Word count: 3247
  5. The impact of Lord Bridges decision in the case of George Mitchell v Finney Lock Seeds Ltd.

    whether the contractual exemption clause applied to the breach; and if so (2) was it considered 'fair and reasonable' under s.55 of the Sale of Goods Act 1979[2] and s.2(2) of the Unfair Contract Terms Act 1977[3] (UCTA) for the defendant to rely on it in this case. Initially the case was heard in the High Court[4] who ruled against Finney Lock Seeds finding that the seeds (as described) could not be considered seeds on the basis they did not work and therefore the exclusion clause being relied upon had no contractual effect.

    • Word count: 1020

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?
  • With reference to case law, discuss the difficulties surrounding the legal tests used to identify a contract of employment.

    "All the relevant factors need to be considered, and as long as the employment tribunal takes these into account, their decision will be a question of fact and their finding can not be challenged unless they came to the conclusion which could not be reasonably obtained by any other tribunal. The only thing that is certain is that if there is control, no delegation and a mutuality of obligation the court should find a contract of employment. Going back the original question, it is clear that the tests created by the Courts were inadequate in a modern society. The courts now tend to look at a multitude of factors in deciding employee status. The most important factor, it seems, will be mutuality of obligations. Adrian Williams concludes his article by suggesting that statutory intervention is necessary. I agree that because of the importance and number of rights an 'employee' will receive, it is paramount that the courts can determine worker status accurately. I find it difficult to see though how a statutory test would advance the position we are in now, the position of painting a picture of all factors and balancing them out. Steven Mather"

  • Discuss the impact of the Bosman ruling on European Football. Just over 15 years ago on December 15th 1995, the European Court of Justice (ECJ) in Luxembourg passed a ruling that would dramatically change European football.

    "In conclusion, within this research paper I have tried to explore and explain how the Bosman ruling has affected European football. It is easy to gather that thanks to the Bosman ruling a shift of power has occurred which has allowed players the freedom that they previously never had. Unfortunately for Jean Bosman he never really felt the effects of his own crusade, but unlike his own contractual situation where football clubs were making a decision on a player's behalf, now the player has the bargaining control."

  • It has been said that a promise is enforceable once consideration has been provided. Discuss whether this statement is too simplistic as a description of the principle of consideration.

    "In conclusion, it would be clear to state that a promise is enforceable once consideration has been provided as consideration it many elements combined together. There are four main machanisams which make up consideration; firstly a promise must have some economic value, secondly, consideration need not to be adequate but must be sufficient, thirdly, consideration must move from the promisee and lastly consideration must not be past."

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