THE NATIONAL ASSOCIATION OF LICENSED PARALEGALS 9, UNITY STREET, BRISTOL, BS1 5HH Tel: 0117 927 7077 : Fax: 0117 929 3887 E-mail: [email protected] HIGHER CERTIFICATE IN PARALEGAL STUDIES UNIT 2 - LAW OF CONTRACT ASSIGNMENT No:1 Name.............................................................................................................. Address.......................................................................................................... ........................................................................................................................ ...........................................................Post Code............................................. Olive advertised in the "For Sale" column of the Classic Car Journal - "1949 Triumph Roadster. Good condition. 1 year MOT, £13,000". The advertisement gave her address and telephone number. Paul saw the advertisement on Friday night and immediately wrote to Olive at her home address, agreeing to pay the £13,000 requested. He posted the letter on Saturday morning. Quentin also saw the advertisement on Friday evening and telephoned. There was no reply but he left a message on the answering machine agreeing to buy the car for the asking price. Olive, who had gone away for the weekend, returned on Monday morning. She picked up Paul's letter and read it whilst listening to the
Narrative Chronological order of events . Xavier wrote to YY stating, "I hear you have a Nokia 7600 mobile for sale. I would be interested in buying it for $2,000 if it is in good condition." 2. YY wrote back to Xavier, "I agree to sell the phone to you but there are still a few things which need doing to it before it is fully usable." However, the letter was lost in the post. 3. Xavier wrote a week later stating, "As I have not heard from you I assume the price was not enough. Will you accept $3,000?" 4. YY replied by e-mail to Xavier's e-mail address in her office saying, "I accept the offer." Unfortunately, Xavier was away and did not check her e-mails and three weeks later returned to check the e-mails and found the message from YY. Meanwhile, YY having heard nothing sold the phone to Tommy for $2,500. Advise Synopsis * To advise Xavier, needed to consider whether or not a contract had been formed with YY. * In order to determine whether there are contract formed, it is necessary to conduct the traditional analysis of offer and acceptance. * Was Xavier's written statement, e.g. letter to YY to be an offer or an invitation to treat [Gibson v. Manchester City Council (1979) and Storer v. Manchester City Council (1974)] or a preliminary statement as to price [Clifton v. Palumbo (1944)] or request information [Harvey v. Facey (1893)]? * Firstly, "invitation to
Geoff now regrets having made a promise to forego the second payment - Advise him about recovering the money from Paul.
Geoff is the owner of a 1927 Bentley car, which he is renovating to its original condition with considerable help from his brother, Paul. When the work is nearly completed, Geoff decides to get married and can no longer keep the car. He discusses the situation with Paul and they agree that in consideration of all the work Paul has done on the car, Paul can have it for £2,000 (which is far less than the car is worth). They agree that the money will be paid in four half - yearly instalments of £500, the first being due in December. A note of their agreement is drawn up by Geoff, and signed by Paul and himself. Paul makes the first payment in December but soon after he discovers that it will cost much more to complete, the renovation than was originally thought, as some of the parts are having to be custom-made. Paul tells Geoff about this, and Geoff then agrees to forego the second payment, which has just fallen due in June of the following year. As a result Paul fees able to order the parts required. Geoff now regrets having made a promise to forego the second payment. Advise him about recovering the money from Paul. The requirements for the formation of a contract are agreement, intention to create legal relations and consideration. Agreement has been reached. With regard to intention to create legal relations with domestic and family agreement, the
As an assistant at the consumer advice centre I will make arguments for bobs case and state relevant cases of contract law which affect it, I will also offer a most likely result of this dispute with a reasoned answer.
To: the line manager From: consumer advice centre Bob V Tidy skips Bob ordered tidy skips to come and drop off a skip which he wanted to use at his address. Whilst delivering the skip the employee of tidy skips (Sid) negligently drove the delivery vehicle into the wall of Bob's house causing it to collapse and in the process damaged bobs new car. A cost of £1000 was incurred to rebuild the wall and a further £800 was spent on repairs for repairs on the car. Bob has hired skips from tidy skips before on a regular basis. On the past five occasions the invoice that he received afterwards had the following printed on the reverse: "Tidy skips shall not be liable for any loss or damage howsoever caused to a customers premises and if notwithstanding the foregoing, should any liability for damage to a customers property arise, that liability shall be limited to £100" Task As an assistant at the consumer advice centre I will make arguments for bobs case and state relevant cases of contract law which affect it, I will also offer a most likely result of this dispute with a reasoned answer. Assumptions A contract is when two or more people reach an agreement this can be done orally through speech or a countersigned document. The contract in this case was made orally as Bob had made the reservation over the telephone with Tidy skips who were to deliver the skip the following
Several tests have been developed to identify and categorise different types of workers. The basic division for our purposes is between those who are employed persons and those who are self employed, and the distinction between these categories is that the employed person works under a contract of service, while the self-employed person works under a contract for services1. An important criterion for determining whether the relationship between employer and employee exists is the extent to which a person is under the direction and control of the other party with regard to the manner in which the work is done.2 It would be improper to use this test, where professional are involved, as it is likely that the employee will be qualified in a particular field, thus making direct control of the employee difficult. For example does a football manager have the right to control how his players play on the pitch, as questioned in Walker v Crystal Palace Football Club (1909). Despite this difficulty, a refinement to this test, where the "right to control" has been used a determinant factor.3 It is clear from these cases the higher the degree of control exercisable by the employer, the more likely that a contract of service exists4, but "the greater the skill required for an employee's work the less significant is control in determining whether the employee is under a contract of
Lucy Rimington Discuss the significance of the precedent set in Shadwell v Shadwell The issue in Shadwell v Shadwell was whether or an existing promise made to a third party could be good consideration for a new promise. It has long been accepted that where a party merely does something which he is already legally bound this can never amount to sufficient consideration for an entirely fresh agreement as in Collins v Godefroy and this rule has been used to cover where the duty has arisen under an existing contract as shown in the earlier dispute of Stilk v Myrick. In this case, 2 members of a ships crew deserted and the captain promised that the remaining crew members could share the 2 men's wages if they got the ship safely home, but he later refused to pay. It was held that the promise to pay was not binding on him as the sailors were bound by their exiting duties to cope with the normal contingencies of the voyage and this could include desertions. This outlined the basic rule that a duty covered under an existing contract cannot be sufficient consideration for a new promise. Shadwell v Shadwell is the first illustration of an exception to the basic rule, that an existing contractual duty to a third party can be used as good consideration for a fresh deal. In the case of Shadwell v Shadwell, a nephew had made a promise to marry, which at the time was an enforceable
Analyze the contribution of psychological contract literature to the understanding of OCB. The aim of this essay is to analyze the contribution of the psychological contract literature to the understanding of organizational citizenship behaviour ("OCB"). We shall argue that while the concept of psychological contract provides a useful framework for the understanding of why an employee may engage in OCB, its capacity to help managers adopt measures to foster greater levels of OCB among employees is considerably hindered as a result of the adoption by a majority of researchers of the definition proposed by Rousseau (1989, 1997) which is characterized by a focus on individuals' perceptions of promises made by organizations rather than on the actual content of these promises, as supposed they even exist. OCB has been defined by Organ (1988) as "behaviour that is discretionary, not directly or explicitly recognized by the formal reward system, and that in aggregate promotes the effective functioning of the organization". The process through which an employee comes to engage in OCB has been described in the OCB literature has being strongly dependant upon individually-based perceptions of organizational procedural justice (Tepper, Lockhart and Hoobler 2001) as mediated by psychological elements such as trust and organizational commitment (Tepper, Lockhart and Hoobler 2001).
This case is about the disagreement between Simpsons Ltd v Thowers Ltd. The carrier's liabilities will be discussed in three parts, firstly to resolve the problem, I am going to give a short description of the main components of the contract of carriag...
This case is about the disagreement between Simpsons Ltd v Thowers Ltd. The carrier's liabilities will be discussed in three parts, firstly to resolve the problem, I am going to give a short description of the main components of the contract of carriage of goods by sea Act 1971, secondly I will decide which of the Hague Visby rules or the Common law is applicable, and to finish I am going to apply the rules in looking for the liabilities of the carrier by searching the duties and the defences of the carrier for each good. I) What is the contract "Carriage of Goods by Sea?" Firstly, we have to check whether the case is governed by "the carriage of goods by sea", or not and Secondly, whether Simpsons and Thowers satisfy all the conditions of Carriage of Goods by Sea. When we are looking at the definition of the contract, the contract stipulates that: ( JCT Chuah, 7-01, p201) * The contract of carriage must be covered by a bill of lading or any similar document of title. * The carriage of goods is from a port in a contracting state. In the case, we know that the contract was covered by two bills of lading. They used one bill of lading for each product. The damage happened during the carrying which means during the application of the Act. As a consequence, the Carriage of Goods by Sea Act 1971 does apply. In the second part, we will see if the Hague Visby rules apply in
Law of Contract Law 103 Assignment 1 ~ Seaburn Cycles Gemma Bolt 053047962 A contract is a legally binding enforceable agreement between two or more parties. Where an issue of a breach of contract arises in court, the court has to decide whether or not a contract has been made. To do this they must establish whether an offer has been made or whether it was simply an invitation to treat. If an offer has been made the courts must then look to establish whether there has been an acceptance. An offer is a statement of willingness by one party to enter into a contract on certain terms made with the intention that it shall become binding on acceptance. Whereas an invitation to treat is an expression of willingness to enter into negotiations which will eventually lead to a contract being formed. Acceptance is an unqualified expression of assent to the terms of the contract proposed by the offeror. The first thing to establish is whether an offer or an invitation to treat was made. In this situation, following the case of Partridge v Crittenden  1 WLR 1204, the initial advertisement in the newspaper would constitute an invitation to treat. However Jason then phoned three people and told them "the stock is yours if you can go to £25,000 by 6pm on the 23rd. This would more than likely constitute to an offer which is open to acceptance as the offer was made with
ELEMENTS OF CONTRACT - OFFER AND ACCEPTANCE. QUESTION: Bob owns a stamp shop in Muncaster High Street. On Monday he places an item in the advertisement column of the Muncaster Evening Gazette. 'Utopian Penny Red Stamp, one for only, £750 or nearest offer'. Late that day, Alan, a stamp collector, telephones Bob and says 'The Utopian Red for sale, I'll take it for £700'. And Bob replies, 'I cannot accept less than £725 but I will not sell it to anyone else before Saturday. Let me have a reply by Friday if you want it'. 'That is kind of you. Remind me to buy you a drink when I see you'. On Wednesday Alan telephones Bob and leaves a message on his answering machine stating 'I accept your offer'. Unfortunately Bob's infant son later presses a button on the machine which erases the message before Bob listen to it. Later that day Bob sells the stamp to Cerdic for £750. On Thursday Alan meets Cerdics aged mother who tells him that she has seen Cerdic's 9 year old son who told her that his father was very excited at having acquired a Utopian Penny Red from High Street Dealer. Alan rushes home and posts a letter to Bob confirming the message which he had left on the answering machine. On the same day Bob writes to Alan withdrawing his offer. On Friday morning Alan receives Bob's letter and at lunchtime Bob receives Alan's letter. Advice Alan. SUGGESTED ANSWER: In