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University Degree: Contract Law

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  1. Exclusion clauses case. The first step that will be taken for Wills claim of the ten-thousand pound personal injury that he had encountered would be to verify whether the exclusion clause is clearly incorporated into their contract. The case states that

    Will would have to consider the necessary actions that will need to be taken when dealing with his claim. a) For the �10,000 personal injury The first step that will be taken for Wills claim of the ten-thousand pound personal injury that he had encountered would be to verify whether the exclusion clause is clearly incorporated into their contract. The case states that the clause was in the prospectus rather than a formal document which Will had agreed to the terms of, as a reasonable person would assume to be no more than a prospectus is an affront to common sense.

    • Word count: 3091
  2. Purchase of horse - binding contract

    If a price has been agreed, Patrick is bound by the signed contract.7 Under the parol evidence rule8, the court will assume that the written agreement contains all the terms of the contract. Unless Patrick can prove that the contract was partly oral and partly written, or that there was a collateral contract where the consideration for entering into the contract was the promise about the quality of the mare9, he will not be able to sue for breach of contract (assuming the written contract says nothing about age and breeding).

    • Word count: 1692
  3. Contractual emplyment entitlements

    Thus when Flywell Ltd created the new entity, Jetover Ltd, they could each contract with employees and run their business independently. There is a difference between a legal entity and an economic entity - Lord Justice Robert Goff emphasised that "we are concerned not with economics but with law".3 It would be impossible, under company law, to argue that the redundancy and new contract are invalid unless the Association could convince the court to pierce the corporate veil. Jetover is a properly constituted legal entity, not a sham, even if the dealings involving the pilots are.

    • Word count: 1958
  4. Implied Terms

    In some cases terms can even be implied by custom, trade usage or common business practice. General Overview: Implied Terms Different scholars divide implied terms in different ways. However the general accepted criteria is the following: 1. Terms implied by custom 2. Terms implied by courts a. As a matter of fact b. As a matter of law 3. Terms implied by statutes Terms implied by Custom: When parties enter into a contract in a particular line of business, it is often acceptable for them not to incorporate each and every term in the contract. This is done because there are certain terms which are established by custom in the trade.

    • Word count: 1707
  5. Contract Law- Undue Influence

    The defendant had already signed the contract when he learned about the plaintiff's incorrect remarks. However, his defence for fraudulent misrepresentation failed, as the plaintiff did not plea his statements were untrue. Instead, innocent misrepresentation rescinded the contract. In the case before us, unfortunately it seems that Mr. George was aware of his untrue statement. However, there are cases that found the party at guilt for not taking the initiative of reading the agreement they're signing. In L'Estrange v F.Graucob Ltd.

    • Word count: 2019
  6. Criminal Law - Essay - Non-pecuniary loss

    To begin with, damages in contract law usually aim to compensate for financial loss and thus traditionally, damages were not available to compensate non-pecuniary losses, such as anxiety or mental distress. The principle that physical inconvenience had to arise from a breach and that mental distress was not sufficient had already arisen earlier (Hamlin v Great Northern Railway Co5 and Hobbs v London & South Western Railway Co6) but was affirmed in the authoritative case of Addis v Gramophone Co Ltd.

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  7. If contracting parties actually create their own bargains, then how can the various instances of judicial and statutory interference with contractual terms be justified?

    The role of the courts is merely to act as an arbiter, giving effect to the parties' agreements. An example of the approach taken by Will theorist in interpreting contracts can be found in Chappell & Co. v Nestle Co. Ltd1, where the court adhered to the rule that consideration must be adequate but need not be sufficient. It was established that it was for the parties to determine the value of consideration and the role of the court was merely to assess whether or not consideration was present and not to investigate the adequacy of consideration. This approach is an example of the principle that the parties create the contract and it is not for the courts to interfere with contractual terms.

    • Word count: 1534
  8. Company law

    The same point is covered in the case of Royal British Bank v Turquandt (1856); in this case the rule says that an outsider dealing with a company need not enquire into the regularity of internal proceedings of the company. The ostensible authority of a director to act for the company in relation to matter in which a director would normally have power to act and the ostensible authority of a director who has been held out by the company to have power to act in the particular circumstance, irrespective of any actual power.

    • Word count: 2559
  9. All relationships between individuals and companies are governed by the rules of precedent and statutory interpretation. However, these rules only appear to impose constraints on what judges may do. The truth is that judges can alwa

    An example of this is Hewlett-Packard b) Identify and explain the legislative basis for each of these legal forms; Limited Liability. A limited Liability company must have at least one director, one company secretary (whose responsibility it is to submit the accounts) and one shareholder. The company can have a maximum of 50 shareholders. The profits are taxed via Corporation tax and they have to submit and prepare Profit and Loss accounts + balance sheets to Companies House (an agency of the government). Partnership A partnership can have up to 20 partners at one time.

    • Word count: 1778
  10. Brief description regarding the case B asically, this situation starts with the offer of a contract to build a factory at the cost of RM 500,000 from Mario Ltd to Jackie Ltd on 1st March 2010. In the offer, Mario Ltd requested the reply should be sent i

    Normally, the method of enforcement is an action for damages for breach of contract, though in some cases the court may compel performance by the party in default. Contract law also helps by compensate innocent parties economically, generally by attempting to put them in the situation they would have been in if the contract had been performed as decided2.There are some elements involved in the contract law; offer, acceptance, postal rule and revocation. These elements will be discussed further below with the case involved.

    • Word count: 3367
  11. Contract law - case study

    Offers can be made to individuals or to groups of people. As shown in the case Carbolic Smoke Ball3 an advertisement was an offer to ''the whole world'. Similarly, Lisa's advert was not a direct offer to any particular individual but to everyone. Moreover, two further requirements of a contract need to be recognized - the intention of the parties to create legal rights and consideration. As Lord Devlin stated in Parker v Clark4: ''The question (whether or not there is a binding contract)

    • Word count: 1662
  12. Promissory estoppel is a necessary supplement to the doctrine of consideration, because it enables courts to enforce promises that have been relied upon even though the promise was not part of an exchange. Discuss.

    Contrary to its supplementary nature, instances like these exemplify how estoppel can possibly contradict the doctrine of consideration altogether. Furthermore, the refined approach towards consideration pioneered by Williams v Roffey Bros & Nicholls (Contractors) Ltd2 has stifled the role of promissory estoppel, resulting in it being increasingly unnecessary contemporarily. A leading case illustrating how promissory estoppel is supplementary to consideration by equitably enforcing promises relied upon that was not part of the exchange is Hughes v Metropolitan Railway Co3. In Hughes, the House of Lords held that the tenant was entitled to equitable relief by promissory estoppel, against forfeiture of the lease on the ground that the running of the six-month period was suspended during the negotiations to purchase the lease and did not recommence until the negotiations broke down.

    • Word count: 1796
  13. What are the purposes of the rules about offer and acceptance with regard to the formation of contracts?

    These rules, developed through the common law, are used to confirm, on the facts, whether an agreement has been reached between two parties, and therefore whether a contract exists between them. When a dispute arises, the court must first look at the correspondence between the parties which constitute as an offer and an acceptance. The courts use the 'mirror image rule'3 to ensure there is a clear, unequivocal offer and a clear, unequivocal acceptance, therefore the offeree accepts all the terms of the offer - any offer in return amending the initial terms negates the original offer.

    • Word count: 1759
  14. Agreement made by minors are not contracts. Discuss

    This shows that a minor has not reached the age of contractual capacity and therefore the agreements made by them should not be considered as contracts. A minor may not be mature enough to understand the contents of the contract to be able to enter it. Besides that, there are some adults who knowing that they are dealing with minors, take advantage of that. For example, Restaurant A hires a minor to work at the restaurant as a waiter. However, he not only has to serve the customers but also has to wash the toilets, be the cashier and also close the counter after hours.

    • Word count: 3560
  15. Damages, implied terms, conditions

    There is further a duty owed by an employer to an employee1 which has been called the threefold duty established in Wilson's Case 2. This duty can loosely be described as having 5 limbs, which are the duty to provide: a safe place of work a safe system of work effective supervision proper plant and materials competent staff. This duty can be mitigated if Joohn has in any way been contributory negligent or in other words the author of his own misfortune.

    • Word count: 2256
  16. Malaysia Law

    Basically, an invitation to treat is not an offer but an invitation to people to make offer (Lee, 2007). Acceptance is defined in Section 2(b) Contracts Act 1950 stated that 'when the person to whom the proposal is made signifies his assent thereto, the proposal is said to be accepted: a proposal, when accepted, becomes a promise'. It means that an acceptance is complete and unqualified of assent to the terms of an offer. With an acknowledgment which it express terms or, in a particular context by implication, contain a statement that the person agreed to the terms of the

    • Word count: 3110
  17. Contract question

    Registration Number: 090170579 Date: 11-12-09 I have been asked to provide legal advice for Hard-Up Construction Ltd as to their contractual position regarding the events which took place during the time period between 2006 and 2007 with the University of South Yorkshire and Ms Barbara Ella. The University of South Yorkshire has accepted a building tender from Hard-Up Construction Ltd for �1,000,000, it became clear later on that this wasn't enough to complete the work and asked for a further �600,000 on top of the original price.

    • Word count: 2751
  18. Contract non assessed

    This is where the contract has become one-sided; it does not mean that there is only one party involved. From looking at the facts which are somewhat sparse, it would appear that Sally has made an offer, the offer being that if Ron answers the questions she puts to him, she will enter him into a prize draw to win free holiday tickets. As there is no statement which addresses if Ron made any promises to Sally, it would appear that Ron was under no obligation to perform the act of answering the questions, he could have declined the offer and not been under any obligation as he hadn't made a promise in the first place.

    • Word count: 2016
  19. Memorandum for contract law

    The discussion between the parties was based on a commercial agreement. The advertisement for the village hall was an invitation to treat Fisher v Bell1 which was waiting to be accepted by Rebecca. The contract was formed through the acceptance of the invitation to treat as laid out in Patridge v. Crittenden2, this therefore resulted in Rebecca getting the 1year lease. Since the contract is in place focus is now going to be placed on whether the contract was frustrated.

    • Word count: 2064
  20. Do the courts always rigorously apply the established rules of offer and acceptance governing the formation of contracts?

    Lord Diplock in the House of Lords stated that, although there may be certain 'exceptional' cases which do not 'fit easily into the normal analysis of a contract as being constituted by offer and acceptance', these cases were very much the exception and they have not displaced the traditional rule. In the case of Butler Machine Tool Co Ltd v Ex-Cell-O Corporation Ltd, Lord Denning overall agreed with the decision of the majority, who held that the buyers' order could not be construed as an acceptance of the sellers' offer because it did not mirror exactly the terms of the sellers' offer and therefore amounted to a counter-offer.

    • Word count: 1136
  21. This report will provide a brief introduction about Consideration, Offer and Acceptance , and Terms Of Contract. The binding precedent of every description will be presented in this report too. Then, in the end this report will provide the conclusions of

    This is known as the rule in Pinnel's Case. There are number of exceptions to the rule. (Source : Keenan, D & Riches, S 1998, Business law, 5th edn, Financial Times, Pitman Publishing, pp. 274-2) 1. If the smaller payment is made, at the creditor's request, at an earlier, at a different place, with an additional item or by a different method, consideration has been shown. 2. A lesser sum is paid at the time the debt is to be repaid that decision to waive must be supported by consideration.

    • Word count: 3123
  22. 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.

    The parties, and not the doctrine of consideration, are in general the arbiters of what constitutes a good or bad bargain. However, it dose not follow from the fact that the doctrine of consideration is not interested in the fairness of the bargain that the law of contract is simply disinterested. It is the parties or it is the courts who whether or not consideration is sufficient. It is useful to distinguish the case where the alleged consideration takes the form of a promise to pay money for a service or a product from the case where the promise takes the form of a promise to provide non-monetary benefits 3.

    • Word count: 1708
  23. agrrement offer and acceptance

    An offer can be made in any form: oral, written or by conduct5. In addition an offer can be made to an individual, group or the whole world. In Carlill v Carbolic Smoke Ball,6 a unilateral contract was made. The Company advertised a medicine, and promised that any purchaser using it correctly would be immune from a range of illnesses. The company stated that anyone using the product that still got flu would receive �100. Mrs Carlill did get flu after using the medicine in the fashion stated and sued successfully for the �100.

    • Word count: 4505
  24. Read the case of Baird Textile Holdings Ltd v. Marks & Spencer plc. [2001] EWCA Civ 274. In your own words describe the concerns about awarding relief under Contract Law with which the justices are grappling. Explain why the court could not establish a co

    Finally the twenty ninth June 2000 Lord Justice Morison dismissed the case on the basis that it was not a contract nut advised both parties to continue for a trial under the estoppel basis. M&S retired chairman and chief executive Sir Richard Greenbury who joined in the year 1953,in his witness statement dated 11 April 2000 mentioned that M&S had good relationships with all its suppliers, also we had another principal witness from M&S who is the director of Procurement who mentioned that "M&S was developed by a principle of partnership" but not in the legal sense ,it was more in the spirit in co operation.

    • Word count: 1080
  25. UCTA Q

    The notice stated that "No liability is accepted for any damage, howsoever caused, to vehicles left in this car park". Advise Denise and Cerise. 'A clause in a contract or a term in a notice which appears to exclude or limit a liability or a legal duty which would otherwise arise.' Such a clause/ term is known as an exemption clause and a distinction can be drawn between exclusion clauses and limitation clauses. Exclusion clauses seek to limit all liability for certain breeches and are common in standard form contracts.

    • Word count: 1100

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