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University Degree: Contract Law
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Whilst Peter Gibson LJ recognised4 that any creditor accepting less for the same "will no doubt always see a practical benefit to himself in doing so" he refused to recognize this as valid consideration for two reasons: first because Foakes v. Beer did not do so even after express consideration. Second, to extend Williams v. Roffey in this way would deprive Foakes v. Beer of any application when there had not even been any express consideration of Foakes v.
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Whilst each of these three requirements receives separate treatment, they must in reality be looked at together. In the case; Ailsa Craig Fishing Co Ltd v Malvern Fishing Co Ltd  It was stated that a clause can limit liability, if set out in the contract correctly, even if the contract was breach due to negligence. However no such clause was set, this may leave Bloggs and Co liable to redress any losses incurred by Western Ltd. Due to negligence. http://www.kevinboone.com/lawglos_AilsaCraigFishingCoLtdVMalvernFishingCo1983.html Damages may be awarded if a court decides that a defendant has either been negligent or broken a contract and foreseeable damage or loss results.
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Take any aspect of the English law of contract which you think is open to improvement and describe with reasons how it could be made better
In simple cases where A offers to sell B a property and B accepts this offer, then there are no problems. This approach favoured by English Law is known as the objective approach and is illustrated by Moran v University College Salfordii, where a student was offered an unconditional place at the university, and the contract stood even though it was made in error. Following the objective approach, this case had all the requirements of a contract, so there was no debate as to its validity.
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The Sale of Goods Act covers transactions where 'goods' are transferred for "monetary consideration, called the price"(Nutshells p.1). In the course of this essay I will be looking at the relevant Acts in order to establish how the law seeks to protect the consumer. In the light of the question, by looking at the useful dictionary definition and the definition provided by the relevant statutes, which states that a consumer is 'a natural person entering into a contract with another in the course of business' we can see that Lil clearly fits the definition of a 'consumer' by meeting both the definitions set out.
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High Trees House Ltd  KB 130 at 134 Discuss. THE UNITED KINGDOM INTRODUCTION First and foremost, in the case of Central London Property Ltd v. High Trees House Ltd1 (hereinafter referred to as "High Trees"), the plaintiffs made a promise to allow the defendants to reduce the rent of a block of flats in London from �2,500 to �1,250. It was made known by both parties that the reduced rent was the result of wartime which causes the defendants unable to pay the original full rent as there were only a few of the flats were let to tenants.
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Under contract law, there is no contract if there is no consideration. The traditional definition of consideration was set out in Currie v. Misa2, that is: "A valuable consideration, in the sense of the law, may consist either in some right, interest, profit or benefit accruing to the one party, or some forbearance, detriment, loss of responsibility given, suffered or undertaken by the other." In the case of Stilk v. Myrick, the sailors promised to work and in return, were promised to be paid �5 per month.
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This decision was further upheld by House of Lords in Macaura v Northern Assurance Co. Ltd3 and subsequently followed by Privy Council in the case of Lee v Lee's Air Farming4. It was then incorporated into Companies Act 1985 under S13 (3)5 stating that a company will be seen as separate legal entity from its members as long as all the requirements under the Act regarding incorporation and the registration have been complied with6. Rationales of limited liability and the pros and cons of it's applications Corporate personalities allow the shareholders relish unlimited up-side gain, while down-side risks are limited.
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Waiver and promissory estoppel are those ways that are recognized in English Law to make promises binding without consideration. WAIVER Waiver had traditionally been applied where one party agrees the other that he will not enforce their strict rights under the contract.11 The case of Hartley v Hymans,12 show how waiver operates.13 EQUITABLE ESTOPPEL Equitable estoppel is a newer doctrine compared to waiver, and could be said to be a development of it. Hence, this doctrine works along the line of waiver. It is known as 'equitable estoppel' because this doctrine is derived from equity. It too recognizes one- sided variations of a contract even without consideration to support them.
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There are three types of circumstances leading to frustration. Frustration is accepted by impossibility of a contract, this involves supervening events may make performance impossible in the situations which involve destruction of subject matter (Taylor v Caldwell)?. However, destruction of subject matter will not always frustrate a contract; it may be governed by rules of law which place the 'risk of loss' under certain types of contract on one party or the other. The point may be illustrated by supposing that A has agreed to install machinery in B's factory.
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What was meant by this maxim was that promissory estoppel can be used as a defence mechanism to protect someone who stands to suffer from a promisor's enforcement of their strict legal rights after a situation has occurred where there had been a change, for whatever reason, to a previous contract. This is what is meant by a "shield," which is defined in the English dictionary as "an article of defensive armour...used as protection."4 This definition provides the background to the statement and thus demonstrates that if something is used, its purpose being as a shield, then its function is to protect that person and not to attack another.
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Critically examine and discuss the inter-relationship between the law of Contract and the law of Tort
The law of tort serves a variety of purposes and uses a number of different techniques to achieve its ends, For example, in the leading case of Donoghue v Steven1which establishes that tort can be capable of providing a remedy free from constraints of contract doctrine to third parties affected by the performance of a contract. The law of tort also protects a wide range of interests, such as personal security, for example trespass to the person, medical negligence, and liability for nervous shock, liability and statutory duties in health and safety.
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One objection to allowing economic loss claims in negligence is that it would involve the courts having to assess quality, whereas if the claim is brought in contract the quality has already been fixed by the contract itself. Donoghue v Stevenson  AC 562, 34 in this case the Claimant had gone to a cafe with a friend, who had bought her a drink of ginger beer. She had poured some of the drink into a glass and consumed it. When she poured the rest she found the decomposing remains of a dead snail which resulted in her feeling unwell.
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A contract can be Expressed and Implied - Express contracts are contracts that are in writing form . Implied contracts are formed through the conduct of the parties, it can be "implied in fact" or "implied in law" . A contract can be Oral and Written - a contract need not be in writing to be enforceable. But for land , a contract is legally required to include a memorandum stating the price paid, describing the property and the people involved.
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The House of Lords also found that due to the fact that there had not been any 'special relationship' between the second defendant and the claimants that therefore the second defendant did not at any point express that he had held personal responsibility for their dealings. As we can see from that case the defendant did not have any assumption of personal responsibility towards the plaintiff or did they have any special relationship and therefore the claim for damages related to the pure economic loss of the plaintiff failed.
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This is often the case in time of emergency i.e. to impose sanctions. Byelaws are made by delegated legislation but generally operate only in the locality of their creation. Delegated legislations can be challenged either in court through judicial review or as part of the defence. One of the reasons to challenge may be because the legislation is deemed to be ultra vires, or beyond the powers of the body or institution that passed the legislation originally. Judicial precedent is the process by which judges can use the decisions of previous cases as the authority for the basis of their decision, as long as there is sufficient likeness in the facts.
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In the case of Rann v Hughes (1778), he 'argued that a previous moral obligation was sufficient consideration for a future gratuitous promise.'3 Then, in the case of Hawkes v. Saunders (1782), Lord Mansfield said, "when a man is under a moral obligation, which no court of Law or Equity can enforce, and promises, the honesty and rectitude of the thing is consideration...
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As defined by Sir Guenter Treitel "a contract is an agreement giving rise to obligations which are enforced or recognized by law. What distinguishes contractual from other legal obligations is that they are based on the agreement of the contracting parties1". The material facts of the question raise the following issues: i. Was the advertisement a unilateral offer or a mere invitation to treat, if so, did Yogesh make a counter offer by proposing to purchase the computer at �450 ii.
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Compare the impact of two legal systems on business practices in terms of law making and dispute resolution
Switzerland is one of the country adopted civil law. Civil law operates differently from common law the procedure of law, the terminology, the manner in which law authorities being identified, and the framework in which law is applied. Example: in common law a contract require consideration for a promise and in civil law contract has no true analogue. In common law before the statutory reform of the mid - twenty century a seller had to mention the warranty on the contract of sale but it could not be involved, but in civil law system Buyers always had remedies based upon
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THE AUSTRALIAN LEGAL SYSTEM The Australian Constitution is federation of seven Constitutions i.e. of six states and one commonwealth. The Constitution has the ability to change according to the social and economic needs. The judge is not partial to any of the disputing parties. The lawyers are independent by profession and are not appointed by the state. They maintain a relationship of confidence with their clients. The courts of lower order are bound to follow the judgements made by the higher courts. LAW MAKING BODIES The Executive: It administers and polices the law. The head of the government i.e.
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We will be referring landmark cases to show how law has enhanced the responsibility of professionals in relation to the duties they perform. > Corporations being more vary of liabilities under Trade Practices Act than under common law: - In this section we will analyze how a corporation be more vary about its liabilities under TPA 1974 than under common law, referring to different cases and acts in the legislation. SHORT ANSWER Company will be conducting in-house seminars for the accountants/auditors to give better understanding on standards and responsibilities that are expected from them being skilled professionals.
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However, the objective approach is open to criticism in that it is a position to be abused and exploited for its own gain. It can thus be seen as not agreeing with Adams and Brownsword in that it promotes both commerce and fairness for reason that being absolutely objective is a near impossible concept. One is then persuaded by the arguments put forward by Howarth in that 'objectivity is in the opinion of different courts.' 3 .Thus objectivity is in the hands of the law to give reign to interpret as it desires, and it also allows the judiciary to
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Critically discuss the way this statement still reflects the way the courts incorporate and construe exclusion clauses.
An exclusion clause is a term in a contract that seeks to restrict the rights of the parties to the contract. As Lord Denning indicated before parliaments intervention with the Unfair Contract Terms Act 1977(UCTA), exclusion clauses caused problems for the courts to deal with. Denning states 'with the abuse of power-by the strong against the weak...the judges did what they could to put a curb on it1'. However after significant legislation was passed by parliament, aimed to protect 'the weak', recent case law seems to suggest that the judges decided to look for a more natural meaning to the terms of the contract.
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The auctioneer's call for bids is an invitation to treat and any bid made is the offer. In the case of Payne v Cave2 the defendant withdrew his bid, but under S57 (2) of the sales of goods act3 the courts ruled that the fall of the hammer signifies acceptance and before that the bidder may withdraw any bid. Display of goods with a price ticket in a shop window is not an offer to sell but an invitation for customers to come and make the offer, the leading case on this is Fisher v Bell4 where it was illegal under The Restriction of Offensive Weapons Act 19595 to offer for sale knives.
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It is not possible for him simply to change his mind and accept. A counter offer amounts to a rejection of the original offer. In Hyde v Wrench4 the defendant offered to sell a farm for �1000. The plaintiff said he would give �950 for the farm. The court held that this was a counter offer, terminating the original offer. The original offer was therefore, no longer open for acceptance. Where the offeree does not make a counter offer, but simply seeks further information from the offeror, this would not be considered as rejection.
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Advise Simon of his legal remedies in all the above circumstances. With view of the Sales of Goods Act 1979, Simon has a case for compensation in regards to a breach of conduct. In addition, Simon needs to look at Loss of Enjoyment, and Inconvinience, in regards to a falsely represented holiday abroad. Finally, the last paragraph deals with basic contract law, and the failure of paying for tuition fees. Section 2(1) of the Sale of Goods Act 1979 defines a contract of sales of goods as 'a contract by which the seller transfers or agrees to transfer the property in goods to the buyer for a money consideration, called the price.'
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