Principals of Law.
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Principals of Law Coursework R.J. Carmichael Contents Introduction Brief Definitions Task 1- What Remedies does Mary have Against Tom Task 2- Spartacus Graduates with 1st class honours. Is Sir Harry Bound in contract to pay Spartacus? Task 2- Suppose Sir Harry had said "If you buy a suitable boat and trailer I will reward you with £1000". Is Sir Harry Bound in Contract to Spartacus? Cases- List of cases used. Bibliography- List of material used Introduction Mozley and Whitleys Law Dictionary1 states a contract to be, "An agreement between competent persons, upon legal consideration, to do or abstain from doing some act." For the purpose of this essay we will look at the classical contract model. This consists of three essential members:- 1) Agreement- to do something in return for a promise. 2) Consideration- exchange of something of value (but not necessarily of equal value) 3) Intension to be bound- to make a binding agreement, enforceable in law. Although they make up the essential members other requirements must be met. These include compliance with Common Law and Statute (e.g. Unfair Contract Terms Act 1997), or other legal requirements (e.g. age of consent) It must also be noted that the agreement requirement of a contract is split up into two essential components.
goods to a person, stipulating that if they do not reply within a specified time (7 days in this case) the goods are accepted and payment of the noted amount is due (£20). But the Felthouse rule applies, and mere silence is insufficient. Control of inertia Selling is part of Unsolicited Goods and Services Act 19715 and amended in, Consumer Protection (Distance Selling) Regulations 2000 6. These regulations state:- "If unsolicited goods are sent to a person ("the recipient") with a view to his acquiring them..... The recipient may, as between himself and the sender, use, deal with or dispose of the goods as if they were an unconditional gift to him. The rights of the sender to the goods are extinguished."7 They Outlaw Inertia selling, and the recipient of such goods can treat them as 'unconditional gifts'. It is also an offence to request payment for such goods or services, punishable by a fine. To round up the case, no contract was entered into because the counter offer destroyed the £20 offer. Mere silence cannot amount to acceptance. And finally Tom is not required to return the book to Mary as she entered into inertia selling, so the law views the book as an unconditional gift.
An offer was made in the form of an advertisement and the performance of certain conditions by the plaintiff, stipulated in the advert constituted an acceptance. In this case it was to pay £100 to anyone who became ill with flu whilst using Carbolic Smoke Balls as prescribed on the instructions. This case shows that acceptance need not be conveyed. As Sir Henry, in his offer, states that he will 'reward' Spartacus with £1000, a second case can back up the validity of the formation of contractual obligation. Earlier than Carlill v Carbolic several reward cases emerged. In the case of Williams v Cardwine (1833)13 it was held that published 'Reward' offers i.e. The offerer to pay anyone who performs the conditions of publications, and thus accepts the offer, must be payed the published sum. The only difference between this and the case of Sir Harry is that the offer is only to one person. In answer to the initial question, I believe Sir Harry is bound in contract with Spartacus, and therefore must pay him if he buys a suitable trailer and boat. Cases Hyde v Wrench (1840) 3 Beav 334 3 Felthouse v Bindley (1862) 11 CBNS 869 3 Tweedle v Atkinson (1861) 1 B&S 393 5 Lampleigh v Braithwaite (1615) 5 Balfour v Balfour (1919) 5 Carlill v Carbolic Smoke Ball Co.
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