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University Degree: Contract Law
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- Marked by Teachers essays 4
They are:- Whether the notice and clause are incorporated into the contract? Whether UCTA and UTCCR applies? Whether Robert can claim damages on his broken arm and Rolex watch? Whether Lucy can claim damages on the stolen coat? 3.0 Application 3.1 Methods of incorporation An exclusion clause is a term of the contract which attempts to exclude or restrict one's liability which he would otherwise owe to the other. In Henderson v Stephenson1, the court held that the absence of a notice on the front of the ticket referring to clauses on its rear rendered the clauses invalid.
- Word count: 1688
In order to advise Posh as to her legal position, concerning the sale of her shares in Big Bank plc to Becks, it is of paramount importance to determine the existence, if any, of a binding contract between both parties and to what extent Posh may be bound by this. In order for a valid contract to exist, there must be present the following essential elements; agreement, consideration, and the intention to create legal relations.1 It would seem clear from the facts of the present case that there has been an agreement by both parties.
- Word count: 2560
Of all of the elements which make up the definition of theft, which are the most problematic? Discuss using case law.3 star(s)
To illustrate the difficulties over the simplest of statements, the example that 'land cannot be stolen' gives rise to a vast number of complex issues surrounding land. For example, land cannot be stolen but what if the "defendant is acting as a trustee or personal representative" (Herring, 2006)? In this case there can be theft of the land if the trustee sells more land then what is required of him. Also other issues surrounding land are things that are part of the land, for example, wild flowers, which can only be stolen if they are taken with the intent of selling them on, yet are not considered as theft if they are taken for personal gain.
- Word count: 2252
The final issue that needs to be considered is whether the offer once made can be withdrawn or revoked. The general rule is that the offer can be revoked up until the time it is accepted. The offer was announced in the Sunday sentinel and then cancelled the following day. Bel did not post her entry until Tuesday which meant that the newspaper had already revoked the offer before she had accepted it. However since Bel missed the cancellation of the offer in the Monday edition of the newspaper it can be argued that she had accepted the offer before she was made aware of the cancellation.
- Word count: 1661