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University Degree: Contract Law

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  1. Justifying freedom of will. If contracting parties actually create their own bargains, then how can the various instances of judicial and statutory interference with contractual terms be justified?

    The passing of UCTA has imposed three obligations on parties regardless of what the parties has bargained for. Firstly, the exclusion of liability for negligence. Secondly, which is the general control of exclusion clauses and thirdly, control over certain specific contract terms. Section 2(1) of UCTA was enacted to exclude exemption of liability for death or personal injury and s.2(2) subjects the party's clause to a reasonable test. In such instances, UCTA protects the rights of the parties if death or personal injury are involved regardless of what the parties have contracted for in their bargains. In determining reasonableness, the guidelines are given in the 2nd Schedule of the UCTA.

    • Word count: 1543
  2. Contract Law Problem

    Furthermore, Rebecca's promise of �300 occurs two months later, after Steve has already created the report. Generally, past consideration is no consideration for a new promise: Eastwood v Kenyon3. Steve's actions could therefore be viewed as gratuitous as his actions were not given in exchange for Rebecca's promise. However, a past act may be considered as good consideration for a subsequent promise if three particular conditions are met. In the Pao On v Lau Yin Long decision, Lord Scarman explained: "The act must have been done at the promisor's request...the parties must have understood that the act was to be

    • Word count: 1102
  3. Contract Law and case study - In this case scenario the representative of house warm LTD Visits A and offers A the Offeree a loft installation

    In most cases an offer will be made to a specified person however offers can be addressed to a group or even to the general public for example in reference to case Caril v Carbolic smoke ball co ( 1893) the defendants were the manufactures of smoke balls which they claimed could prevent flu. They published advertisements stating that if any body used the smoke balls for a specified time and still caught flu, they would pay that person �100, and that to prove they were serious about the claim, they had deposited �1000 with their bankers.

    • Word count: 1940
  4. Duty of company in corporate law

    The principal tells the agent to do particular acts or occupy a particular position. The extent of the attorney's actual authority is usually set out in the document which creates the powers so there is an agreement between the principal and the agent. However there is no agreement between the agent and third party - they have no contractual relationship. Furthermore an agent's actual authority may arise expressly or by implication. Implied actual authority usually happens when an agent is placed in special position by the principal such as the agent who appointed manages a business.

    • Word count: 2060
  5. Breach of contract

    Whilst Mega Ltd had accepted the reduced price there may be a problem with the issue of consideration for the modification. For consideration to exist the rules followed must be complied with. There must be a legal or practical benefit to the promisor or a detriment to the promise, it must be sufficient but need not de adequate, past consideration is not good consideration, consideration must move from the promisee and the performance of an existing obligation cannot be consideration for a fresh promise.

    • Word count: 1859
  6. A contract has been arisen in between both parties about Antonio offering a television and satellite connection on a specific weekend to Ben. As this event did not occur as per the contract, the contractual obligation has been breached and Antonio has bre

    Antonio has offered to provide a wide screen television with satellite link up for Ben on Saturday in his pub so that his customers can watch a game. Ben gives his acceptance by payment of �500 thus creates an obligation on the part of Antonio to provide his entertainment at the pub at a specific time stated in the contract made. This particular non-compliance of Antonio has caused a valid reason for Ben to terminate the contract. It is now clearly established that Antonio has breached the contract and Ben whereby becomes entitled to claim for damages.

    • Word count: 1458
  7. Discuss the development of doctrine of frustration regard to the law of contact

    Henry9 where the viewing "the Coronation precession was the foundation of the contract, and the non-happening of it prevented the performance of the contract"10, though performance was possible however pointless, leaving the contract frustrated. Under the common law, it was in the original rule that when a contract is frustrated, the parties are relieved from further performance from this point, however they are bound by the obligation arouse before the supervening event. Thus in Krell v. Henry11, the defendant was not liable to pay the balance of the agreed rent where the supervening event happened before the suppose payment of balance.

    • Word count: 3502
  8. Business Law The Law of Contract

    His nephew did not reply, and the horse was sold by mistake, the auctioneer having had instructions from the nephew not to sell it. After the sale the nephew wrote to plaintiff the contents of which letter showed that he intended to accept his uncle's offer: As there was no memorandum in writing binding the nephew at the time of the sale, and no evidence that he had at that time accepted the offer, no contract had been made. There can however specify the method by which acceptance is communicated.

    • Word count: 5037
  9. Analyse the elements required for the formation of a valid contract.

    The rules for these elements and their exceptions evolved in case law. Offer and acceptance create a 'concurrence of will' or a 'meeting of the minds', offer and acceptance act as the evidence that there is mutual consent (wikipedia, Contract). "An offer is a definite promise to be bound on specific terms" (42). The reason this element is required is to ensure that the two parties of the contract acknowledge that one made an offer and one accepted it with those terms. It also makes sure that the offeror has intentionally made an offer.

    • Word count: 1575
  10. Free essay

    What are the types of contractual agreements and comment on their applications in business.

    In a recognizance, the individual agrees to carry out an action or behavior or to forfeit a sum of money, which occurs for example with a 'bound over', where people who are convicted are released subject to a recognizance. Contracts by deed are also known as specialty contracts. A deed is a legal document that binds the parties to stronger legal obligations, such as transfer of land, than simple contracts: for example, damages under a contract by deed could be seeked for up to twelve years after entering the contract, while damages in simple contracts 'under hand' could be seeked up to six years.

    • Word count: 1556
  11. Compare torts liability with contractual liability and comment on the appropriateness of the former in business operations.

    (Torts 5, Iolis). A tort arises when "the duty that is violated by the tortfeasor" exists in law. No legal relationship should exist, while in the law of contract there should be a legal relation between the two people that arise from a valid contract (Tort and Contract). In the tortuous liability arises if the defendant owed the claimant a duty of care, while contractual liabilities arise out of the responsibilities of each party are set by the terms of the contract that binds them. The relation between people in the law of tort is based on factors such as whether there was wrong and damage committed, whether there was voluntary action rather than motive, and the remoteness

    • Word count: 1631
  12. Contract Law - Problem Question

    However we are unaware of the exact terms set out in the contract and it may be likely that the contract was more general. The implementation of Victorian style lights could have well been an implied term. The courts may imply terms in fact, attempting to fill gaps, but this is very limited and requires a high threshold. In determining the implication in fact in the present case, courts may be more likely to apply the officious bystander test. In the Court of Appeal case of Shirlaw v.

    • Word count: 2086
  13. Contract Law - Offer, Acceptance, Estoppel, Duress

    In the second part I will consider XENA's acceptance of 600,000 in full settlement from TOGA, and XENA's change of heart and demand of payment of the full settlement; if part payment of debt is sufficient consideration and if promissory estoppel can be raised as a defence. Consideration is where each party gives something stipulated by the other as the price for his promise. Consideration in the additional payment of 200,000 to TOGA and XENA's agreed fee is evidently questionable; performance of a duty already owed to TOGA, XENA is being contracted twice to perform its contractual obligations.

    • Word count: 2159
  14. Contract Law - P.Q/2

    whether he has any contractual liability to Jim (the sub-contractor electrician) to pay the promised bonus of �5,000. Answer: We are asked to advice Tony whether or not he is actually contractual bound to pay an additional sum to Neil and furthermore whether he has any contractual liability towards to Jim, the sub-contractor electrician, to pay the promised bonus of �5,000. Tony has made a search before concluding the contract with Neil in order to obtain various estimates for the construction of Greenacres, notwithstanding Neil's offer seemed to be the most attractive one since it was the lowest of all.

    • Word count: 3935
  15. Exclusion clauses

    In the absence of a signature, Etienne must be given reasonable notice of the term. This was emphasised in Parker v. South Eastern Railway1 where it was held that the notice of the terms is important, not their actual reading or understanding. Most recently, in Interfoto Picture Library Ltd v. Stiletto Visual Programmes2 established that if the term is particularly onerous or unusual, extra care must be taken to draw its attention to the other party. The term in the present case may seem legible but they are on the reverse of the document and there is no such notice like "See over for conditions" on its face.

    • Word count: 1553
  16. contract law

    employer / employee) * Over the last century, substantive fairness (distributive justice) has developed, which aims to redress the balance of power between unequal parties, giving protection to the weaker one, like employees (cannot be dismissed without reasonable grounds), tenants, consumers, persons who are not of full age or understanding * Also, law of contract exists to protect public interest, for example where public policy requires that contracts entered into for illegal purposes should not be enforceable (iii) The objective approach * Problems may arise as to what the parties agreed to in a contract, for e.g.

    • Word count: 5285
  17. contract law

    Invitation to treat is another form of an offer in which one party invites another to make an offer Fisher V Bell (1961)4, goods displayed in a shop window or shelves, Pharmacceutical Society of Great Britian v Boots Cash Chemists (southern) Ltd (1953)5, are classified as an invitation to treat in that the shopkeeper invites the customer to make an offer. In this case it is clear that Anne has made a offer to Betty as there is clear intention to be legally bound on the terms specified, however Anne has specified a time limit of seven days to Betty and therefore Betty has until Monday to accept the offer.

    • Word count: 2466
  18. Doctrine of Intention to Create Legal Relations

    The Doctrine of Intention to Create Legal Relations "The establishment of the intention to create legal relations is a question of fact and may be established by evidence".2 In domestic and social agreements there is a presumption that the parties have no intention of creating legal relations, and therefore evidence must be given to confirm that the parties did in fact intend to create legal relations. For example, in Balfour v Balfour, whereby the spouses were still on good terms, the courts held it not legally binding as social/domestic arrangements are not intended to create legal obligations "unless the agreement

    • Word count: 1584
  19. PRIVITY. In the case at hand, The Mansion Society (M.S) is currently faced with two problems; first, the quality of service offered by Nonentity buses (N) is not satisfactory and Secondly, Letitia (L) has varied the contract with Nonentity buses by reduc

    It is a well established rule that a contract may be subject to terms, whether commercial or otherwise, although they have not been expressly mentioned by the parties2. As stated in S.13 of Supply of Goods & Services Act 19823 and affirmed in the case of Shell UK Limited v Lostock Garage, were Lord Denning said 'the courts could imply a term which was just and reasonable in the circumstances'4. Also, in Liverpool County Council v Irwin, the courts implied a contractual obligation to take a reasonable standard of care5.

    • Word count: 1916
  20. contract law

    The conditional element of consideration that there must be a benefit to the promisor as the consideration moves from the promisee ensures this.1The doctrine of consideration could be pictured as the bridge between stage one; the intent of the parties, the actual promise or contract set out and the benefit received and stage two; the action and consequences. It is when the benefit received creates uncertainty or the intent of parties is not clear when that bridge is not complete and consideration becomes a claim in court.

    • Word count: 1536
  21. Promissory estoppel and consideration

    The consideration was already completed before the promise is made, nothing new is given in return. This is illustrated in the case Eastwood v. Kenyonvi where the guardian was unable to enforce the promise given by the girl's husband since he borrowed the loan before the girl married her husband. vii viii Flexibility is reinforced by the rule that consideration must be sufficient but need not be adequate. That is to say the courts will not enforce a promise unless something 'of value' is given in return but the 'value' is not questioned on its adequacy.

    • Word count: 1899
  22. Case Brief of Creative Living, INC., v. Elsie Steinhauser.

    The date for closing was set for October 15, 1970. After the contract was entered into the plaintiff ordered and received a title search. The cost of this was $265. Prior to the closing date, Creative Living learned that the property was being considered for inclusion in the South Bronx Neighborhood Development Plan for the South Bronx Model Cities Area. A resolution of the Board of Estimate adopted July 23, 1970 found and proposed that the subject property should be acquired by the City of New York by condemnation.

    • Word count: 681
  23. Offer and Acceptance

    But the offeree, after dispatch of the acceptance, knows that he has done all he can to ensure that he has a contract and will want to rely and act on that contract. Evans agrees with Nussbaum, attributing the postal rule to the absence of firm offers in common law combined with this desire to protect the offeree from revocation3. He acknowledges another, partial, reason advanced for the rule in that where the acceptance may become lost in the system in many (but not all and hence why the reason is only partial)

    • Word count: 3413
  24. Has the Contracts (Rights of Third Parties) Act 1999 created as many problems as it has solved?

    This is a difficult distinction to draw and the examples given do not help to clarify the position entirely. The Law Commission's view was that a builder constructing a conservatory at the request of a father for his daughter was purporting to confer a benefit, whereas a solicitor drawing up a will for a testator was merely enabling the promisee to confer a benefit upon the legatee. But why could the builder not be described as enabling the father to confer the benefit of the conservatory?

    • Word count: 2671

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