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AS and A Level: Law of Contract

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  • Marked by Teachers essays 8
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  1. Marked by a teacher

    Stop, search and arrest

    4 star(s)

    Before the search begun, the police officer would have had to indentify himself and the police station of where he/she is based and tell the person to be searched the grounds for the search. Plus, If the police officer is not in uniform, then the officer must provide documentary identification, under section 2 of PACE. For instance, in R v Bristol, it was rendered that a stop and search was unlawful if the officer failed to provide the correct information.

    • Word count: 1202
  2. Marked by a teacher

    "The requirement of consideration is an unnecessary complication in the formation of contracts."

    4 star(s)

    Act 1989, etc required some classes of contracts to be evidenced in writing. As contracts are promises which have legal sanctity, they are binding on the parties that have entered into the contract and compel them to act or not to act in a particular way and consideration is said to be a price agreed upon to be paid for the promisor's promise. A valuable consideration is defined in the case of Currie v Misa[1875] as some right, interest, profit or benefit accruing to on party or some forbearance, detriment, loss of responsibility, give, suffered or undertaken by the other party.

    • Word count: 3458
  3. Marked by a teacher

    Contract Law - Acceptance.

    4 star(s)

    Unilateral contracts are usually accepted by conduct. If I offer �100 to anyone who finds my lost dog, finding the dog will be acceptance of the offer, making my promise binding - it is not necessary for anyone to contact me and say that they intend to take up my offer and find the dog. Acceptance must be unconditional An acceptance must accept the precise terms of an offer. CASE: Tim v Hoffman (1873) - one party offered to sell the other 1200 tons of iron. It was held that the other party's order for 800 tons was not an acceptance.

    • Word count: 1147
  4. Marked by a teacher

    Billy Joel Business Ethics and Law Case Study. In the above case scenario, the oral contract that was made between the seller and the buyer are not binding in the court of law in accordance to the contract law.

    3 star(s)

    She gave him a bill of sale that she wrote out on a note pad on the counter, which said, "Paid in full. Strativarus and Granruius violans. $65,000. Chk # 4301 Billy Joel. Salesperson: Margaret Madoff." The notepad was one she had brought home from their last vacation to Las Vegas and was from The Flamingo hotel there. Billy took home the violins and proceeded to learn to play, albeit very poorly. Meanwhile, the salesman discovers that Margaret sold the violins for less than he had bargained for.

    • Word count: 1281
  5. Marked by a teacher

    Using relevant case law explain why the distinction between an invitation to treat and an offer is important in Contract law.

    3 star(s)

    An individual or organisation can make an offer to another individual (bilateral) another company or to anyone in the world (unilateral). An offer can be "express"- for example if A tells B he will sell his radio for �30. An offer can also be "implied" from conduct - for example when A brings goods to the supermarket cash desk. It is tough to differentiate between an invitation to treat and an offer as it depends on the intention of the party making an invitation to treat which is shown in Pharmaceutical Society of GB v Boots Cash Chemists Ltd [1932] 1 QB 401, where the defendants changed the format of their shop from a counter service to self-service.

    • Word count: 871
  6. Marked by a teacher

    In this Assignment I am going to describe the requirements of a valid contract and also describe how statutes affect contractual terms.

    3 star(s)

    can make an conditional acceptance. Acceptance After the offer has been made to the offeree, the offeree will now have to decide if he is going to accept the offer or not. It is important for a offer to be unconditionally accepted, because without a valid acceptance a contract cannot be made. An acceptance must be communicated to the offeror. The explanation to this is the "postal rule" where acceptance is made by letter. Consideration A contract cannot take place without good consideration.

    • Word count: 1997
  7. Marked by a teacher

    A contract by definition is an agreement between two parties by which both parties are bound by the

    3 star(s)

    Statutes have also been developed for example, sales of goods act (1979) and the unfair terms in consumer contract regulations (1994) but does this mean that consumers are the only ones with rights when it comes to contract? Should sellers be bound to sell their goods forcefully due to the law of contract? The answer to these questions is somewhat obvious as the law of contract didn't come into existence to bring injustice or limitations to just one party. The ruling of the case of, Felthouse V Bindley (1862) makes it clear what the law of contract is there for.

    • Word count: 1457
  8. Marked by a teacher

    Contract Law - Offer And Acceptance

    3 star(s)

    Thus, an objective standard is applied The Objective Test * Contract is an agreement giving rise to obligation which are enforced/recognised by law * The objective test ; ' a person is bound "whether his real intention may be" if " a reasonable man could believe that he was assenting to the term proposed by the other party and that other party upon that believe enters into a contract with him" * The objective test is as a safeguard from prejudice for the offeree * Exception is only when the offeree knew that the offeror have no real intention to

    • Word count: 6539
  9. Consumer Law in Australia.

    Credit issues that affect consumers include, unfair contract terms. This is where a contract is unfair as a result of a party's unconscionable conduct. Unconscionable conduct is one party's exploitation of the vulnerability of another party to a contract. The victim may have been impaired by some external fact or he or she may have been deceived or threatened by the stronger party. This is apparent in the case of Blomley v Ryan (1956) where an elderly, uneducated man suffering from poor health entered into a contract to sell his property.

    • Word count: 1104
  10. Alternative Dispute Resolution (ADR) is the name given to the process where parties in a dispute come to a compromise or settle their dispute without going to court.

    Mediation is not legally binding on the parties. There are a number of organisations that offer mediation services. One of the main ones is the Centre for Dispute Resolution; many companies use their mediation services to save money in legal fees. The only disadvantage of using mediation to settle a dispute is there is no guarantee that a settlement will be reached. This means that you still have to use the courts, so in effect failure at the mediation stage can result in extra delays and extra costs. However, the Centre for Dispute Resolution report that around 80% of the disputes they deal with are settled without the need for any court action.

    • Word count: 961
  11. Free essay

    Outline how consumers are protected in contracts for the sale of goods, identifying relevant express and implied terms in the contract. Refer to two relevant statutes

    This information ranges from the weight, quantity, size and if it is a food product; the ingredients. If the seller fails to provide relevant or adequate information, the buyer has a right to reject the products as this counts as a breach of contract. Fit for purpose and of a satisfactory quality The goods for sale should correspond to the description provided and must be of a satisfactory quality. This means that it should be in a safe, fully functional working condition and fit for the use that it is intended. Sample When large amounts of an item are being purchased (in bulk), it is not possible for the buyer to check each and every single item to ensure that it matches the description.

    • Word count: 1837
  12. Aspects of Contract and Business Law. Conditions for forming a contract and relevant laws.

    Capacity - if an individual wishes to enter into a contract, they must have the legal capacity and therefore must have the mental capacity to do so, cannot be bankrupt or underage. Consideration - each party involved in the contract must receive something of value. There are two types of consideration - Executed consideration is a promise that has been performed which means that the offeror is obliged to act on their side of the promise. Executory consideration is a promise that will be performed in the future Acceptance - an expression of absolute and unconditional agreement to all the terms set out in the offer.

    • Word count: 969
  13. Assess the amount of protection which the law gives to a minor who enters a contract with an adult

    The courts have considered it in the minor's interest ( as well as that of the other party ) that he should be able to enter into binding contracts for necessaries. The law relating to the sale of necessary goods is governed by S2 of the SGA 1893, and the law relating to the supply of other necessaries is governed by the common law. In substance, however, the concept of what a necessary means is the same whether the statute or the common law applies. By way of extension of the concept of necessaries, certain contracts of service will bind a minor if they are for his benefit.

    • Word count: 1178
  14. Write a critical evaluation of the elements of any two property offences

    The definition of appropriation is 'any assumption by a person of the rights of an owner;' which means that it is irrelevant whether the act was done with or without the owner's consent or authority. In other words, it seems that genuine consent can now be appropriation and as a result theft. This is illustrated in the case of Hinks (2000) where under Lord Steyn it was held that, appropriation should not be given a narrow definition as it would "place beyond the reach of criminal law, dishonest persons who should be found guilty of theft."

    • Word count: 1432
  15. The time has come for the abolition of civil juries Discuss.

    One problem is perceived to be the idea of trials lasting several months for jurors. Not many people can commit themselves to the time involved and those who can are felt to be unrepresentative of the public at large. The advantage is that White-collar fraudsters would not escape justice through failings in the legal system. The judge-only trials would be shorter, more efficient and maybe more effective. The problems of handling complex fraud trials have been highlighted over a number of years e.g. by Lord Justice Auld. There are other cases that might benefit from being heard without a jury.

    • Word count: 625
  16. Free essay

    In this task I am going to investigate statutory consumer protection. I will be taking part in a legal meeting (acting as a Contract Law Solicitor) representing Jordan Smith who wants to make 2 complaints; one to the manager of Comfyfloors and the other t

    agreed to transfer the carpet to Jordan (the buyer) for money. This law gives customer the right to complaint for damages and demand the seller to sort out the problem. * Implied terms aren't written down anywhere, but are understood to exist. If there's nothing clearly agreed between you and your employer about a particular matter, then it may be covered by an implied term. In a contract implied terms could be the following: * Right to sell goods - The seller must have the right to sell the goods, if the sale is made privately; there is no duty by the seller to ensure quality or suitability.

    • Word count: 1233
  17. Property Law-bg

    ????????? ?? ??????? ????? ????????????? ???????????, ????? ???? ?? ?????????, ?? ????? ?? ????? ????. ?????????????? ?? ?? - ?????????? ?????? ?????????????? ?? ??????????? ?? ??.???? ?? ????????? ????????? ?? ?? ? ??, ????? ?????? ????????? ????????? ?? ?? ???? ?????? ???????????? ? ????? ?????????? ?????? ???????, ? ????? ?? ????????? ???? ??????????: * ???? ?????????? ??????? ??????; * ????? ?? ???????????; * ??-? ????? ????? ???; * ???????????, ???????????? ? ?????? ?? ??; * ????????; * ???????????. ????????? ?? ?? ??? ???????????:1) ????????? ?? ?? ? 2) ????????? ?? ???????????. ??? 1) - ???? ?? ?????? ???, ?????????

    • Word count: 1341
  18. Detention and interrogation

    If a criminal offence is found then the DPP is informed, who will decide whether to proceed with a prosecution. There are two means of redress: the complaints process and civil action. In order to lodge a complaint, the complainant needs to submit it in writing to the police force in question. The chief constable then decides how the complaint should be dealt. This could either be by means of an informal resolution or a formal resolution. An informal resolution is merely an apology and an explanation; as long as this is satisfactory then this is acceptable.

    • Word count: 711
  19. Law and Ethics in tourism

    A valid contract must have an offer from one side and acceptance of the offer from another side. An acceptance is the unqualified agreement to the terms of the offer, that means that the acceptor, having received the terms of the offer, is equally prepared to commit himself and does so simply by agreeing, without any strings attached, to what the offeror propose. In terms of a package holiday contract that if a client, after long discussions with his travel agent about all the details of a holiday, finally agrees to buy the package offered this will amount to an

    • Word count: 1100
  20. Definitions of Actus reus, mens rea & strict liability

    or the Actus Reus of the offence of criminal damage is that property belonging to another must be destroyed or damaged (S1(1) Criminal Damage Act 1971). Conduct and result crimes are those in which the Actus Reus is defined in terms of a prohibited outcome that has to be caused in a particular way by specific conduct. Arson involves a combination of a prohibited result (damage or destruction of property) and conduct (the property must be destroyed by fire). Act Act must be voluntary, in Hill v Baxter, the driver was not in control of his car Actus Reus can

    • Word count: 1155
  21. Exclusion clause

    A notice can be given in three ways: notice by display (Olley v. Marlborough Court); notice in a document (Parker v. South Easteern Railway, Chapelton v. Barry Udc); notice by a course of dealing (Henry Kendall v. William Lillico). In the absence of fraud if a party signs the document containing the exclusion clause then it is conclusive evidence that the clause has been incorporated into the contract as a term of the contract (Parker v. South Eastern Railway). And it is immaterial that the party signing the document is illiterate or even blind (L'estrange v.

    • Word count: 755
  22. "Everyone has the right to respect for their family life." Discuss this statement in light of s.8 of the ECHR and the case of EM (Lebanon (FC) (Appellants) (FC) v Secretary of State for the Home Department

    Article 8: The Right to Respect for Private and Family Life This article ensures the person has the rights for his/her family and private life to be respected; this is to stop families being broken up and the essence of family life breaking apart. This was put in place to benefit all members of the family. The article also provides a right to be free of any unlawful searches however the state must interfere if the persons actions are causing harm and problems, such as if a mother was harming a child, then the right to a private and family life would have to be interfered to ensure the safety and wellbeing of the child.

    • Word count: 1051
  23. Contract Law

    The obligation on the offeror arises only if the offeree performs the required task. The offeree will never be under an enforceable obligation to perform. Examples: * Offers of Reward * Offers for Prizes What is not an Offer Mere Puff A mere puff is an exaggerated or unsustainable claims about products. In deciding weather an advertisement is a mere puff or an offer capable of being accepted and forming a contract, the courts must decide on how a 'reasonable person" in the position of the offeree would interpret the advertisement taking into consideration the vagueness and other details of the advertisement itself.

    • Word count: 2283
  24. Plea Bargains

    crim? ?ach and ?v?ry d?f?ndant ha? right? and d???rv?? a fair chanc?. Wh?th?r ?r n?t th? d?f?ndant tak?? th? pl?a bargain ?ff?r?d t? him/h?r i? up t? him/h?r. In m??t ca???, wh?n an accu??d ?ff?nd?r i? arr??t?d, th? arr??ting ?ffic?r will ?v?rcharg? him/h?r, pr?viding him/h?r with ?uffici?nt ammuniti?n t? g?t a pl?a bargain ?ff?r fr?m th? pr???cuting att?rn?y. In fact, acc?rding t? m??t ?tati?tic?, ?v?r 90% ?f all c?nvicti?n? c?m? fr?m pl?a bargain?, and l??? than 5% ?f c?nvicti?n? c?m? fr?m trial?. Plu?, th?r? ar? many b?n?fit? t? pl?a bargaining, n?t ju?t f?r th? d?f?ndant, but al?? f?r th? pr???cut?r? and th? c?urt? a? w?ll. H?w?v?r, th?r? ar? ??m? di?advantag?? t? a d?f?ndant acc?pting a pl?a bargain. B?th th?

    • Word count: 2227

Conclusion analysis

Good conclusions usually refer back to the question or title and address it directly - for example by using key words from the title.
How well do you think these conclusions address the title or question? Answering these questions should help you find out.

  1. Do they use key words from the title or question?
  2. Do they answer the question directly?
  3. Can you work out the question or title just by reading the conclusion?
  • "Everyone has the right to respect for their family life." Discuss this statement in light of s.8 of the ECHR and the case of EM (Lebanon (FC) (Appellants) (FC) v Secretary of State for the Home Department

    "Conclusion To sum up my essay I would say that I agree with the decision of the House of Lords because as said in court, the evidence is compelling that sending the mother and son back to Lebanon would completely tear apart the essence of their family life as the mother would be charged with kidnap and due to Lebanese law the child would be handed over to the father, and still if the father were found to be unfit as the parent, the son would be passed to the paternal grandfather or a member of the fathers family, not however the mother. I can see the reasons for the case against her because in a way once she would be back in Lebanon she would no longer have that right since Lebanon is not a member of the convention however essentially it would be down to the United Kingdom for not respecting EM's right to a family life."

  • Critically evaluate what in law will amount to an offer

    "In conclusion invitations to treat and inquiries are not offers, therefore this in law will not amount to an offer, however if there is an offer and it is specific between 2 people, then this will be deemed as a legitimate offer. Similarly if the offer is implied it can still be deemed to be an offer. By Ford-Western 13L"

  • Explain what is meant by an unfair term in a contract and describe and evaluate the effect(s) thereon of the Unfair Terms in Consumer Contracts Regulations 1999

    "In conclusion I would say that the effect of the Unfair Terms in Consumer Contracts Regulations 1999 on whether a term is to be deemed fair or unfair prevents an injustice on consumers who may not have strong bargaining power against larger corporations. The regulations have also given more qualifying bodies the right to take action against unfair contracts which will most likely help decrease the level of unfair terms in future contracts and greater equality for consumers. An advantage of the 1999 regulations is that they take into account the previous 1977 and 1994 regulations which mean that there is greater protection for consumers from unfair terms. The fact that the regulations are confined in their scope to consumer contract means that it is kept out of the commercial sphere where the need for certainty is greatest. So the uncertainty which the regulations will initially create is not the grave cause for concern which it would be if it applied to international contracts for the sale of goods.16 Overall the 1999 Regulations have had a significant effect on unfair terms, which will must likely result in a decrease of unfair terms being used in contracts."

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