Bob V Tidy skips
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
Plea Bargains
Plea Bargains [Name of the writer] [Name of the institution] Plea Bargains L?t u? b?gin by d?fining pl?a bargaining. Pl?a bargaining i? an ??ttl?m?nt b?tw??n th? d?f?ndant and th? pr???cut?r, and p?rmitt?d by th? c?urt judg?, in which th? d?f?ndant pl?ad? guilty ?r n? c?nt??t in ?rd?r t? hav? charg?? dr?pp?d, d?cr?a??d t? a crim? ?f l??? ??v?rity, ?r th? ??nt?nc? d?cr?a??d a? b??t a? th? thr?? ?id?? can b? in agr??m?nt up?n. Th?r? ar? f?ur diff?r?nt typ?? ?f pl?a bargain?: (1.) Charg? Bargaining, which i? wh?n th? d?f?ndant pl?ad? guilty t? a l??? ??v?r? crim? than initially ?nf?rc?d; (2.) C?urt Bargaining, which i? wh?n th? d?f?ndant pl?ad? guilty t? a ?mall?r numb?r ?f charg?; (3.) ??nt?nc? Bargaining, which i? wh?n th? d?f?ndant pl?ad? guilty und?r?tanding what th? judgm?nt t? b? giv?n will b?; (4.) Fact Bargaining, which i? wh?n th? d?f?ndant c?nf????? t? ?p?cific fact?, in ?xchang? f?r a d?al fr?m th? pr???cuti?n t? n?t pr???nt ?th?r ?p?cific fact? int? ?vid?nc?. My an?w?r a? t? wh?th?r ?r n?t th? natur? ?f a crim? ?h?uld aff?ct a d?f?ndant'? ?pp?rtunity t? pl?a bargain i?, n?, it ?h?uld n?t R?gardl??? ?f th? natur? ?f th? 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
Advising a Client : Contract Law
When advising A there are three fundamental questions that must be asked; Is the event capable of frustrating the contract? Are there any rules of law that would render the doctrine of frustration inoperative? What would be the effects if the contract were found frustrated? In addressing the first question it must be recognised that the hallmark of frustration is an event that occurs after the contract is formed that radically alters the foundation or renders it physically or legally impossible to perform. A simple example of this can be found in Taylor v. Caldwell (1863) 3 B. & S. 826 where a contract for hire of a music hall and gardens was found to be frustrated when the music hall burnt down. The object of the contract was ascertained as the hiring of the gardens and music hall for the purpose of using them to stage four 'grand concerts and fetes'. When the hall was destroyed by fire after the contract was formed, the performance was rendered physically impossible. Thus it is essential when considering frustration to identify the object of the contract and then to decide whether the intervening event radically alters this object. On the facts present if the object of the contract is merely to produce computer-processing equipment, as B may argue, then the foundation of the contract is not fundamentally altered and frustration would be difficult to assert. However it
Contract Practice for Alpha construction LTD.
Contract Practice 4css571 ________________ ________________ ________________ Cousework 2 ________________ Alpha construction LTD ________________ Hertfordshire School of Construction Ltd. ________________ Taha Sheikh-Noor 02171703 Courtney Bramwell 021212121 Shazad Mahmood 032321321 Nikolaos Michalakis 9233123129 Ali Faizollahi 92319023 ________________ ________________ ________________ Tables of contebnts Introduction The Project outline THEME 1 mEETING aGENDA and mINUTES Theme 1 Summary of Decisions Theme 1: Agreed Decisions THEME 2 mEETING aGENDA and mINUTES Theme 2 SUMMARY of Decisions Theme 2: Agreed Decisions THEME 3 mEETING aGENDA and mINUTES Theme 3 SUMMARY of Decisions Theme 3: Agreed Decisions THEME 4 mINUTES OF THE MEETINGS Evaluation Bibliography /REFERENCE ________________ ________________ Introduction ________________ Building projects are invariably continuums, whereby decisions taken at one stage will impact on future issues which arise. Furthermore, building projects depend on the interaction of various members of a team in order to be successful (Smith, 2004). A project requires complicated assessments, evaluations and decision making and performance throughout the project from inception through to completion.
Legal Studies Assess Two
Case 1: R v Milat (1996) 87 A Crim R 446). . Author and date of the article. Brett Cox, 03-09-2008. 2. Facts of the case. Ivan Milat was arrested in May 1994 for the murder of seven people. All seven were backpackers, whose bodies were found in Belanglo State Forrest. According to the evidence, Milat murdered his victims between 1989 and 1992. Because all of his victims were backpackers, the media called the case the case of the "backpacker murders". The key reason that Milat was convicted was that one of his potential victims, Paul Onions had gotten away before Milat could kill him, and so Onions was able to identify Milat as his attacker. Milat's trial began in March 1996 and finished four months later in July. 3. Area of law. The area of law in this case is criminal law. McGregor says that criminal law deals with acts or omissions (failures to act) committed against the entire community. Even though a criminal offence may only be against one individual, they have a negative effect on the whole of society. In criminal law cases, the prosecution must prove that the defendant is guilty "beyond a reasonable doubt" which means that there must be no reasonable doubt that the alleged offender did not commit the crime. 4. Court in which the case took place. This case took place in the Supreme Court of New South Wales in 1996. 5. The personnel in the case. The
Advise the parties of their contractual liabilities.
On Sunday, Andrew saw in his local paper, the Daily Bungle, that Basil was offering to sell a set of 1 penny black stamps for £850. The advertisement stated that, "Will sell to the first person to come forward with the money." On Monday, Andrew telephoned Basil and after leaving his contact details left a message on Basil's answering machine saying, "Would you accept £800 for the stamps?" On Tuesday, Andrew who was afraid that Basil might sell the stamps elsewhere posted a letter to Basil in which Andrew stated, "I agree to buy the stamps which you offered for sale in the Daily Bungle for £850." This letter was delayed in the post and was not delivered till Friday. On Wednesday, Basil returned from a business trip and played back the message on the answering machine. He then posted a letter to Andrew stating, "I agree that the stamps are yours for £800." However, this letter was delayed in the post and did not arrive until the following Saturday. On Friday, when Andrew's letter arrived, Basil sent an e-mail to Andrew saying that the stamps were his for £850. Andrew read the e-mail immediately but did not reply. Advise the parties of their contractual liabilities. The issues in this question relate to distinguishing between offer and invitation to treat, counter offers, inquires revocation of offers and communication of acceptance. As a general rule advertistments are
Establish a Sound Relationship with Your Boby
Establish a Sound Relationship with Your Boby The moment you arrived here on this Earth, you were given a body. The body you are given will be yours for the duration of your time here. Love it or hate it, accept it or reject it, it is the only one you will receive in this lifetime. It will be with you from the moment you draw your first breath to the last beat of your heart. Since there is a no-refund, no-exchange policy on this body, it is essential that you establish a sound relationship with it. So, the challenge here is to make peace with your body, and share its valuable lessons of acceptance and self-esteem. If you are open to all these lessons, it can impart to you valuable bits of wisdom that will guide you along your path of life. Acceptance Acceptance is the act of embracingwhat life presents to you with a good attitude. Unfortunately, for many people, their body is the target for their harshest judgments and the barometer by which they measure their self-worth. They hold themselves up to an unattainable standard and berate themselves for failure of perfection. Imposingharsh judgments on your body limits the range of experiences you allow yourself to enjoy. How many times has a potentially wonderful day at the beach been spoiled by your judgments about how you look in a bathing suit? Imagine how liberating it would be to happily walk across the warm sand without
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
National Diploma Business Unit 21: Aspects of Contract and Business Law Pass 3 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 Sales of Goods Act 1979 Under the Sale of Goods Act 1979 traders must sell goods that are as described and of satisfactory quality. If consumers discover that products do not meet these requirements they can reject them and ask for their money back providing they do so quickly. On the other hand, they can ask for the item to be replaced, repaired or try to claim compensation. Implied Terms To comply with this act the business has to make sure they have a title, description, fitness and satisfactory quality. This are the implied terms of the contract which are in section 12 to 15 of the act. Title - In section 12 of the act, it explains that in order to sell a product, the seller must have the legal right of ownership. This means that a seller cannot sell a product that does not belong to them and if they attempt to do so, they will be in breach of contract Description - Before making a purchase, the buyer should be given adequate information on the product up for sale. 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
Aspects of Contract and Business Law. Conditions for forming a contract and relevant laws.
Unit 21: Aspects of Contract and Business Law Pass 1 What is a contract? An agreement between two or more parties in which an offer is made and accepted, and each party benefits in some way. Some contracts must be in writing so that it can be enforced. Types of Contracts Verbal - An oral agreement made between two people. Written - contract is written up so that there is an actual copy which can reduce any possible problems which could arise. Majority of contracts are in this form e.g. a contract of employment. Standard form Businesses usually use a standard contract that states the terms and conditions of an agreement which are non-negotiable. This is common practise as a business would find it extremely inconvenient if not impossible to create contracts specifically for each individual customer. Requirements of a valid contract Offer - an expression of willingness to accept a specific set of terms, made by the offeror with the intention to enter into and be obliged to follow the terms of the contract. 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
The facts of the case strongly illustrate that a personal injury claim should be made against the 'other driver' on the client's behalf.
0118181 Q2(a) Legal Practice I LA266 The facts of the case strongly illustrate that a personal injury claim should be made against the 'other driver' on the client's behalf. "...in legal terms, a personal injury is where a person, company or some other organisation is to blame (at least partly) for your injuries. They may have been 'negligent', which means the person or organisation did not take proper care in the way something was: done; made; or repaired."1 Before a claim can be made, a number of documents need to be looked at and prepared. It must be noted at this early stage however, that the limitation date must be noted. Generally, under s.11 of The Limitation Act 1980, the claimant has three years to make a claim. The period runs either from (i) The date on which the cause of action accrued or (ii) The date (if later) of the claimant's knowledge. As the client sustained her injuries through a road traffic accident, she would need to produce the other driver's car and insurance information. Also, a letter needs to be sent to the police station who dealt with the accident callout in order to obtain the accident report. Also, any CCTV footage or photographs of the accident scene, would be useful if available. The client would need to produce the medical bills which she acquired for the injuries sustained due to the accident. The expenditure would be added to
