Contract Assignment Elizabeth Pearce This problem question contains various issues that need to be explored. However, it is apparent that the primary concern is one of liability. The major question that needs to be answered is whether Smart Co can claim damages for the defective computer and whether Bright Co are liable for this. Thus it needs to be ascertained whether the terms implied by sections 13-15 of the Sale of Goods Act have been breached, and if so, whether the standard terms which contained the clause in question were incorporated into the contract. The issue of the extent of contractual liability for a breach often raises a question as to the effectiveness of an exemption clause. In this question we are specifically dealing with a limitation clause. An exemption clause is a term in a contract purporting to exclude or restrict the liability of one of the parties in specified circumstances; usually breach of contract, or other liability arising through tort, bailment or by statute. 'Exclusion' clauses are restricted to those clauses which remove, or purport to remove, liability. As mentioned, in this problem we are dealing with a limitation clause. A limitation clause is used solely for those clauses which do not remove, or purport to remove, liability entirely but, for
Essay on Construction Contract scenario. Ram Solutions (The Contractor), delivering a 15m new build science centre (The Project) on an existing occupied secondary school site for Southampton City Council (The Client), within the UK.
In submitting this assignment, I certify that all this material is my own work, except where I have indicated otherwise with appropriate references. The steps you are required to take in constructing your Practical Scenario assignment are provided below as an aid to organising your answer. For example, you might like to use these points as a basis for section headings. ) Give an outline of the project that is the focus of your practical scenario, in order to provide a context for your responses to the following: [5 marks] 2) Drawing on your practical scenario: a) Describe the basis on which your contract selection was made and evaluate how well the contract generally performed against your contract selection criteria. [25 marks] b) List the aspects of design liability that were dealt with under the contract, explaining why each was regarded as a significant feature of the project. [20 marks] c) How was risk apportioned in the contract? Evaluate the extent to which the contract provisions met the actual on-site conditions encountered. [20 marks] d) What unforeseen problem(s) arose? [30 marks] i) Explain the basis for your choice of conflict management technique to settle the problem. Assuming the problem escalates into a full-blown dispute: ii) Identify and justify a choice of a preferred dispute resolution technique. iii) Analyse how the parties are likely
Brief description regarding the case B asically, this situation starts with the offer of a contract to build a factory at the cost of RM 500,000 from Mario Ltd to Jackie Ltd on 1st March 2010. In the offer, Mario Ltd requested the reply should be sent i
Introduction - Brief description regarding the case B asically, this situation starts with the offer of a contract to build a factory at the cost of RM 500,000 from Mario Ltd to Jackie Ltd on 1st March 2010. In the offer, Mario Ltd requested the reply should be sent in the return of post. However, a mistake in the address of the letter caused the letter did not reached Jackie Ltd until 6th March 2010.After the letter received, Jackie Ltd replied that they agrees for the offer. The letter then was posted at 1 p.m on 6th March 2010. Mean while, Mario Ltd received an offer from Bobby Ltd stating that they can build the factory at the cost of RM 450,000. Then, Mario Ltd contacted Bobby Ltd on 5th March 2010 and came up with an offer with the amount of RM 400,000. After Mario Ltd hearing nothing from Jackie Ltd, Bobby Ltd agreed for the offer. Later on, on 6th March 2010, a fax was sent by Mario Ltd to Jackie Ltd stating that the offer of 1st March 2010 was cancelled. The fax was received on Jackie Ltd's fax machine at 12.45 p.m on the same day, which was 6th March 2010. However, the fax not read by anyone until 5 p.m on the same day. So, the problem arise in this situation whatever the contract formed Jackie Ltd with Mario Ltd or between Bobby Ltd and Mario Ltd. One of the notable things we have to consider in this case is there was no any date fixed for the acceptance to
Contract Law - "The decision of the Court in Williams v Roffey Bros. [(1991) 1 QB 1, Court of Appeal].
Contract Law. First assessed essay. "The decision of the Court in Williams v Roffey Bros. [(1991) 1 QB 1, Court of Appeal] which suggests that performance of an existing (contractual) duty can constitute consideration where it results in 'practical benefit' to the promisor creates further ambiguity in the scope of consideration in English contract law." Discuss. Consideration is the essential part of the contract that comprises a legal agreement. English law requires that in all contracts other than those by deed both parties have to bring something to the agreement i.e. provide consideration to the bargain according to the "benefit - detriment" scheme. This aspect is explained by Sir Fredrick Pollock's definition in Dunlop v. Selfridge1: "An act of forbearance of one party, or the promise thereof, is the price for which the promise of the other is brought, and the promise thus given for value is enforceable." One of the fundamental judicial rules relating to it is that the performance of already existing contractual duty owed to the promisor is not sufficient consideration (based on Stilk v. Myrick2). However, in Williams v. Roffey Bros.3, quite unusual interpretation was expounded by the Appeal Court judges, putting thereby the classical doctrine of consideration under strain. It was held that where a party (Roffey Bros.) to an existing contract later agrees to pay an
Discuss the development of doctrine of frustration regard to the law of contact
The general rule of contract law before 1863 was absolute contractual responsibility is bound by the parties once the contract is made and there would be no excuse for non-performance. This absolute contract rule was founded by the judges in Paradine v. Jane1 where a tenant was sued for the rent due and pleaded that he was held out of possession of the premises due to the invasion of the enemy. He claim that the rent was not due as he was deprived from the lease. The court held that he is obliged to perform his duty. "When the party by his own contract creates a duty or charge upon himself, he is bound to make it good, if he may, notwithstanding any accident by inevitable necessity, because he might have provided against it by his contract. And therefore if the lessee covenant to repair a house, though it be burnt by lightning, or thrown down by enemies, yet he ought to repair it."2 This doctrine works well on reasonable and ordinary situation however it poses problems under supervening events which changes the situation drastically. The doctrine of frustration was introduced in Taylor v. Caldwell3 as the exception of the existing law to reconcile the situation where justice demands. It was stated by Blackburn J. "in contract in which performance depends on the continued existence of the given person or thing, a condition is implied that the impossibility of performance
Exclamation clause relating common law
SECTION A: TO BE COMPLETED BY STUDENT * This assignment cover sheet needs to be included with each assignment. Please complete all details clearly. * If you are submitting your assignment on paper, please staple this sheet to the front of each assignment. * If you are submitting your assignment online, please ensure this cover sheet is included in front your assignment. * Please check your study guide for assignment submission deadline and information. Family Name DOAN Given Names THAI BAO NGOC (GEM) Program/Intake & your program manager DIP13B/ INTAKE 13/ SANDY CHOW Student No. DIPBA1321 Module/Course/Unit DIP13B/ BUSINESS LAW Lecturer MR. ROBIN PETER LANGE Assignment No. Assignment Due Date 6th of December 2009 DECLARATION: I hereby declare that the attached assignment is my own work. I understand that if I am suspected of plagiarism or another form of cheating, my work will be referred to the Academic Review Committee/Registrar, which may result in me being expelled from the program. Signature Submission Date 6th December 2009 EXEMPTION CLAUSES RELATING COMMON LAW NAME: DOAN THAI BAO NGOC (GEM) CLASS: DIP BA/INTAKE 13TH SUBJECT: BUSINESS LAW LECTURER: MR. ROBIN PETER LANGE QUESTION 1 Discussion of Exemption Clauses Relating To The Common Law Common law can be seen as cases between parties who might involve in expressing terms of contract
"The current law of duress and undue influence is so unclear that it creates chaos, rather that certainty in the law" Discuss.
Contract Essay - Spring Term: "The current law of duress and undue influence is so unclear that it creates chaos, rather that certainty in the law" Discuss. The purpose of this essay is to examine a number of cases concerning duress and undue influence and to decide to what extent the above quotation is correct and true of decided cases. Duress shall be examined first in relation to the quotation and then finally undue influence. Duress can be defined as 'Pressure, especially actual or threatened physical force, put on a person to act in a particular way. Acts carried out under duress usually have no legal effect; for example, a contract obtained by duress is voidable' (Oxford Dictionary of Law, New Edition). Economic duress involves a party to contract experiencing pressure from the other so as to change the terms of the contract, to renegotiate its terms, to suit the other party. Conversely, another approach to the area of duress is that the parties are free to alter the terms of their agreement, so long as they provide consideration for the variation. Consideration may arise in the form of both parties agreeing to abandon claims under the previous agreement, or that one party has offered some nominal consideration for the variation. The doctrine of consideration has gradually shifted to the doctrine of economic duress, and is still a comparatively recent
A contract may be automatically discharged under the doctrine of frustration. This can only occur when the effect of external circumstances render further performance of the contract impossible, render it illegal or brings about a drastic change in circum
. A contract may be automatically discharged under the doctrine of frustration. This can only occur when the effect of external circumstances render further performance of the contract impossible, render it illegal or brings about a drastic change in circumstances. This means that the contract would become something drastically different from that which was originally undertaken. When establishing if a contract can be discharged by frustration cases must fall into one of three different situations. Taylor v Caldwell (1863)1 is a prime example of impossibility, due to the subject matter being destroyed. In this case the contract involving the hiring of a music hall was held to be frustrated as the hall was destroyed by a fire. A contract may also be frustrated if the subject matter becomes unavailable due to an event completely unrelated to the contract. Nickoll and Knight V Ashton Eldridge Co (1901)2. This principal also applies if the subject matter is a person, Morgan v Manser (1948)3. A contract will only be frustrated if the method of performance that becomes impossible was essential to the contract or was stipulated in the contract. The contract between Cargo Carriers Ltd v Nukit plc involved a particular method of performance via the 'Highland Train Line'. The line was to be used to transport 100 tons of nuclear waste a week for a period of six months. This period
Doctrine of Intention to Create Legal Relations
"In cases where the issue is litigated, it seems likely that one party intended a legal agreement and the other wanted the agreement to be merely morally binding. This contradiction removes any possibility of justifying the limits of contracts on the basis of the joint intent of the parties. We are forced to the conclusion that the courts must rely on hidden policy considerations when determining the intentions of the parties" [Collins, H (2003) The Law of Contract pp.104-105] Critically assess the doctrine of intention to create legal relations in the light of the above statement and relevant legal developments. An intention to create legal relations is vital in creating a valid contract as it ensures that both parties are willing to be bound by the terms of their agreement.1 There are four essential elements every contract must contain, those being an offer, an acceptance which coincides exactly with that offer, consideration, and an intention to plead legal relations. However in the case stipulated above the two parties' intentions are clearly different, therefore the courts are forced to determine the intentions of the parties through an objective approach, and as Collins suggests above, by relying on hidden policy considerations. In this essay I will be addressing the various aspects of the doctrine of intention to create legal relations, and ways in which the law
This paper discusses the start-up, organisation and conduct of the company "Anders & Birgitte" (A&B) from a legal perspective. The case presented addresses a series of events taking place between February 1, 2005 and February 14, 2005
Table of Contents . Introduction 2 .2. Choice of Law 2 .3. Timeline 3 2. Formation of Company 4 2.1. Recommendation for A&B 6 3. Agreement between A&B and DF 7 3.1 Outline of Possible Agreements 8 3.1.1 Employment Contract 9 3.1.2 License Agreement 10 3.2. Recommendation of Agreement 11 4. The Events taking place between February 1 and February 14 12 4.1. Recourse against Designers 12 4.1.1. A&B purchases the design 12 4.1.2. DF are employees of A&B 14 4.2. Birgitte's Liability 15 4.3. Injured Costumer 17 4.3.1 Insurance 20 4.4. Assumptions made for 4.5, 4.6 & 4.7 21 4.5. A&B's Obligations towards the buyers 21 4.6. Price of T-shirts claimed on February 15 23 4.7. Discount for students ordering after Midnight 25 5. List of references 28 Appendix A 29 . Introduction This paper discusses the start-up, organisation and conduct of the company "Anders & Birgitte" (A&B) from a legal perspective. The case presented addresses a series of events taking place between February 1, 20051 and February 14, 2005. We have not found it necessary to introduce the actual case further in this introduction, since all incidents will be covered within the respective parts of the paper. However, we will briefly cover two main issues as these are considered fundamental for the subsequent discussion: 1) Choice of Law and 2) Timeline of occurring incidents. The first part of the