Common Law, 1st yr problem based assignment
Q: Advise Jacky if he could sue Samantha for breach of contract. Will you answer be different if Jacky had given Samantha HK$5,000 on 2 October 2009? In order to determine whether Jacky could sue Samantha for breach of contract, we have to examine whether there is a valid contract between them. According to Oxford Dictionary of Law1, a contract is a legally binding agreement arises as a result of an offer and a corresponding acceptance. However, consideration (unless the contract is by deed), the intention to create legal relations and the contract is legal have to co-exist for the contract to be legally binding. There are two major concerns in this question: firstly, whether there is a contract formed on 2nd October; secondly, whether there is a contract formed on 5th October. Hereinafter, I will examine the case with the criteria mentioned and analyse the likelihood of having a valid contract between the parties. Firstly, the offer and the acceptance is too vague to be legally binding. Samantha's advertisement is quite vague as it is not specific enough to be qualified as an offer. It is stated in the text, "red toyota, in good condition", but what is the other details like the model and its age? Besides, an advert could not produce a valid offer. As in Partridge v Crittenden2, when ordinary people read an advert, they will assume the product might not be available and
health and safety legislation and regulation
`Bodgeit & legit` engineering co have a pillar drill in a manufacturing workshop that employees have to use in order to carry out their job. It is not bolted to the floor, the chuck safety guard is broken and there are no signs or markings in the vicinity of the drill. a. * The drill is not bolted to the floor so if someone when to use the drill it could fall on him or someone else around the drill. * The chuck safety guard is broken so if someone tries to drill a hard material for example a mild steel the swarf can fly out of the machine and can injure someone close to the machine and also the swarf will be very hot because the material is so hard so if the swarf flies in to someone eye it can damage it. * If there is no sign to say which switch is for what than the user will not exactly know where the emergency switch is and they won't know the start button and other setting buttons. If there are no safety warning signs for example wear your goggles or wear mask or any other hazard signs the person who using the machine won't be aware of the danger or may for get to wear a goggle and can get his eye blind. * If there are no markings of personal space the person who is using the machine can have a hard time working on that drill because others can come in to his space and disturb him and they may even come and take his tool without knowing they are do so. Also if
Consideration
Consideration Francis agrees to build a swimming pool for Gerald for £5,000, payable on completion. After beginning to dig the pool, Francis hits a layer of rock, which makes the work a great deal harder. Francis refuses to proceed unless he is promised another £2,000. Gerald reluctantly agrees to pay Francis, and as a gesture of goodwill he makes one or two small improvements to the pool. On completion, Gerald tells Francis that all he can afford is £5,000. Since Francis is also short of cash, he agrees to accept £5,000 in full settlement. Francis has now discovered that Gerald is rich enough to install a wave machine in his pool. Advise Francis, who now wants to recover the £2,000 that he was promised. All contracts require that something is given in return for something else from the other party, this is known as consideration. There are many definitions of consideration, but Currie v Misa (1875) is a very known one, which states 'A valuable consideration may consist either in some right, interest, profit or benefit accruing to one party, or some forbearance, detriment, loss or responsibility given, suffered or undertaken by the other'. A more up-to-date version of this definition however, is from the case, Dunlop v Selfridge (1915), 'An act or forbearance of one party, or the promise thereof, is the price for which the promise of the other is bought'.
Void and voidable Contracts.
Void Contracts: A contract is void if it is worthless, that is, not really a contract at all. Some contracts made by minors, for example, are automatically void. Contracts may be declared void on the basis that they oblige the contracting parties to commit illegal acts. Damages cannot be claimed by a party injured by attempting to comply with a void contract. For example, if I contract to pay someone to shoot a TV game show host, and the would-be murderer decides to take the money and run without satisfying his part of the deal, then the courts will not assist me to recover the money. The illegality need not be as serious as murder for this to be the case. Some contracts may not be strictly void, but can be declared void. The distinction is important because when goods or property are exchanged under a voidable contract, title is passed. With a void contract no title passes, because effectively the contract never existed. Voidable Contracts: Unlike a void contract, whose legal status is as if it never existed, a voidable contract is one that remains in force until it is declared void by one of the contracting parties. For example, one of the parties may fraudulently misrepresent a service to be offered. The offended party may then declare the contract void and refuse to be bound by it. However, if goods are exchanged under the contract before it is voided, then title is
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Contract Law [I] Formative Essay
Contract Law [I] Formative Essay Adam Sinfield Group B2 In order to advise Brian, Charles and Diana the main issues that arise in this problem need to be identified. In order for a contract to exist there must be some form of offer and acceptance, in that order. Firstly, Alan claims that an offer was never really made, and if so it was revoked before acceptance, so did an offer exist? Alan also claims that no one accepted the offer, but Brian, Charles and Diana refuse this, so did acceptance occur? If the answer to both these questions is no, then no contract existed and nothing can be done, however if the answer is yes, then an enforceable contract is in place. If yes, then further problems arise. Who is entitled to the reward? As each walker took different actions and had different motives. An offer is often defined as "An expression of willingness to contract on certain terms made with the intention that a binding contract will exist once the offer is accepted"1 however adverts are usually classified as invitations to treat, rather than as an offer which are not legally binding (see Partridge v Crittenden2), however a problem occurs when an offer is unilateral, that is an offer made from the offeror to anyone, for example that of a reward for a missing pet. The offeror is obliged to pay the reward, but anyone who sees the advert is not obliged to go and look. Some
Legal advice for Equipment Hire Limited.
To: Equipment Hire Limited From: XXX Legal Advisors Subject: Legal Advice Date: 02/06/04 Abstract Equipment Hire Limited (EHL) is a business whose service is to hire out plant and equipment to both business and individuals. Sunil, a window cleaner by trade, regularly hires ladders from EHL. Sunil hired a ladder from the company to paint the outside of his house upon which he paid £50 deposit and was issued with a receipt stating an exclusion cause: 'Conditions of Hire: EHL accepts no responsibility for any loss or damage suffered as a result of use of the equipment. Hirers use the equipment at their own risk' Unfortunately due to a defect, Sunil fell of the ladder and landed on his personal radio, which was irreparably damaged, and suffered a broken leg. EHL seek legal advice as to their liability for damages, if any, concerning Sunil's broken leg and the damaged stereo. .0 Introduction To establish damages owing in the incident concerning the client, EHL, and their customer Sunil, the following report aims to advise EHL and distinguish differences in liability of damages regarding Sunil as a consumer and as a business. In this case EHL are attempting to exclude liability for damages with their exclusion cause. This report explores the legal rules that control contracts for The Supply of Goods and Services Act 1982, The Unfair Contract Terms Act 1977 and The
Contract Law Assignment
Contract Law Assignment On Monday Samantha offered to sell her oboe to Penny for £1,000. Penny replied "I will buy it if I can raise the money". Samantha promised that she would not sell the oboe to anyone else before Saturday, and added that Penny could collect the oboe at any time before noon on Saturday. On Wednesday, Penny phoned and left a message with Samantha's daughter, Anne, saying that she had got the money and would collect the oboe on Saturday morning about 10.30am. Anne forgot to tell her mother about the phone call. On Thursday morning Samantha was entertaining friends and discussing the sale of her oboe. Gillian was interested and offered to buy the oboe for £1,300. Samantha was delighted with the offer. Samantha posted a letter later that day to Penny saying that she could no longer have the oboe. Pat, the Postman, delivered the letter to the wrong address, and Penny, who was disabled, did not receive the letter. She hired a taxi on Saturday morning to collect the oboe. Advise Samantha and Penny of their legal rights. The problem regarding Samantha and Penny is a very complicated one. To fully answer it, to advise the two on their legal rights, we must consider various different legal issues. We must pay particular attention to offer and acceptance, and to a lesser degree, consideration. So initially, we have a straightforward offer
A contract by definition is an agreement between two parties by which both parties are bound by the
IN THE COURT OF APPEAL (CIVIL DEVISION) BETWEEN: ERIC POLLARD (APPELLANT) -AND- VIV WINDSOR (RESPONDENT) WRITTEN ARGUMENT - SENIOR RESPONDENT; ISI BACKGROUND Viv Windsor bought a local shop and a computer, Anxious to please the locals, put an advert in the local news paper on a Saturday, stating that she would sell luxury chocolate shortbread for £2.50 instead of the recommended retail price of £5. She also stated that anyone wanting the shortbread should email her or come to the shop. Eric pollard, the appellant saw the email at 4.30pm on Saturday and sent her email on the same day. She realised that evening that she was making lose so she decided to revoke the advert. She contacted the newspaper who published her revocation 9.am the next morning. The paper got delivered to Eric at 10.30am Viv checked her email at 10.35am, She replied stating that the discount was no longer available. Eric sued her for breach of contract. A GROUND OF APPEAL There was no contract between Viv and Eric since the notice in the paper was not an offer but an invitation to treat. ARGUEMENT A contract by definition is an agreement between two parties by which both parties are bound by the law and which can therefore be enforced in a court or other equivalent forum. The law of contract has been known to
Write a critical evaluation of the elements of any two property offences
Write a critical evaluation of the elements of any two property offences. The law on theft is found under Sections 1 to 6 of the Theft Act 1968. All these sections must be established in order for a person to be held liable for Theft. Section 1 defines theft as "dishonestly appropriating property belonging to another with intention to permanently deprive the other of it." The idea of this offence was for it to be straightforward and simple to understand so that regular citizens could have access, however this has proved otherwise. There seems to be grave issues within sections 1-6 that must be altered for a fairer outcome on theft as a criminal act. The main issues I will be discussing are that of Appropriation under section 3 of the Theft Act 1968, where the law on appropriation and gifts is unreasonable and unjust, the civil and criminal law overlaps and the mens rea for the Theft Act 1968 under section 2and 6; which provides no clear definition as to what is deemed 'dishonest'. Furthermore the responsibility placed on the jury due to the Ghosh test is much criticised as this is considered a technical area which must be left to the judges to decide on, so there is no discrepancy. Firstly the law on appropriation and gifts under Section 3 of the Theft Act 1968 can be seen as harsh and unreasonable. The definition of appropriation is 'any assumption by a person of the
Business Law - contract law
BA 333 Gil Erez 0523-000576 Business Law November 23, 2003 Table of Contents: ) Essentials of a contract ....... Page 2 2) Case ............................ Page 5 ) What are the essentials of a valid contract A contract, by definition, is an agreement by two or more parties, which is intended to be legally binding and supported by consideration. All contracts must have these three elements present for it to qualify as a proper contract in the eyes of the law: offer and acceptance, consideration, and intent to create legal relations. First, we will examine the first part of what constitutes a contract, the offer and acceptance. An offer is a statement said from the offeror to the offeree stating that he would like to formulate a contract between the two parties. The offer must include something specific, and which has value, either monetary or otherwise between the parties. An offer must also state the time period for its validity. If one were not stated, it would be up to the courts to decide what would be the proper length of validity of the offer. Once the validity period of the offer has lapsed, an acceptance of the offer cannot be made, unless the offeror agrees to repeat the offer. The acceptance must be made unconditionally, an acceptance with added stipulations becomes a counter-offer, and it would then be up to the original offeror to accept or reject. An
