The RI Site Manager failed to attend the meeting on the Friday of the second week of work and Klamer & Co now intend to terminate the contract claiming that RI are in breach of the 'condition' as stated in the contract.
From the facts, we can establish that Klamer & Co have incorporated a term in the contract which required the RI Site Manager to attend a meeting every Friday in order to discuss working arrangements for the following week to ensure minimal disruption to Klamer & Co's business. The RI Site Manager failed to attend the meeting on the Friday of the second week of work and Klamer & Co now intend to terminate the contract claiming that RI are in breach of the 'condition' as stated in the contract. Clearly, the question calls for the discussion of terms. It is the terms of the contract that determine each parties' rights and obligations and are not always regarded of equal value. Thus, it is essential to determine whether a term is a condition (subsequent or precedent) or a warranty in order to be able to provide adequate remedies if they should be breached. Conditions are more important and are the fundamental obligations, which go to the root of the contract whereas warranties are subsidiary promises which are less important. The breach of a condition would generally mean that the injured party has the right to repudiate the contract and sue for damages rendering the contract void. However, the breach of a warranty gives rise to the right to claim damages and the contract would be held good. Lastly there is a third class of term, an innominate or intermediate term, where the
Contract Law essay.
Contract Law essay- Term 1 (1) Different legal elements come in favour of Easy Transport in the present case, one being a clear intention to create legal relations. As a direct answer to the information given by the claimant, Wivenhoe Cycles placed an order to Easy-Transport and the terms by which it expressed itself clearly indicated its intention to create legal relations (i.e. a contract). This clearly distinguishes the case from an invitation to treat where terms such as "we may be prepared" are used.1 Consequently Wivenhoe Cycles had placed an offer at which Easy-Transport sent a letter of acceptance. The claimant must argue on its validity. To understand the position of Easy Transport fully, the bystander must put himself in the place of the Claimant and consider the objective reasoning of the latter. On sending the letter of acceptance by post, which was a reasonable mean of communication seeing the whole of the correspondence had been made by post from the beginning, it was a reasonable assumption for Easy-Transport to consider the postal rule and thus conclude the agreement binding on the date of the postage (i.e. the 22nd of July 2003). The postal rule applies though the Offeror never receives the letter of acceptance.2 At this stage the defendant will argue the price variation clause was not included in the offer they had sent and thus considered the acceptance
Exclusion clauses case. The first step that will be taken for Wills claim of the ten-thousand pound personal injury that he had encountered would be to verify whether the exclusion clause is clearly incorporated into their contract. The case states that
In order for Will to make a claim, there needs to be a valid contract by which both parties, Will and the Glee Camp summer theatre school, are bound by; which is present from when Will signed up with the company leaving both parties bound by their contractual agreements. The main area that this question is concerned with is exclusion clauses. See also exculpatory clause, exemption clause, and indemnity clause.1In dealing with exclusion clauses, one must check whether the clause has been clearly incorporated into the contract. As well as this one must also address how the clause may be interpreted to the reasonable man and exactly what sort of damage has occurred, whether it is negligence, as in the scenario, or another breach of contract. To do this, one would turn to the Unfair Contract Terms Act 1977(UCTA) which outlines rules on liability and exemption clauses where the appropriate section would direct one to be able to pinpoint how limited the disclaimer is of applicability or liability. As well as the Unfair Terms in Consumer Contracts Regulations Act 1999(UTCCR) which applies to any non negotiated contract term whilst only applying to consumer contracts excluding business to business negotiations. Will being a consumer, he is trying to make claims of personal injury, damage to his property and reimbursement for an unsatisfactory course however; all has been mentioned in
In deciding whether an actionable misrepresentation has taken place, outline the principles which the courts will employ in determining whether the claimant has been induced by a false statement of fact into entering the contract.
LLB FT: CONTRACT COURSEWORK No.2 . In deciding whether an actionable misrepresentation has taken place, outline the principles which the courts will employ in determining whether the claimant has been induced by a false statement of fact into entering the contract. [750 words max] The representation must be an unambiguous false statement of existing facts which is addressed to the party mislead and which materially induces the contract.. But failure to disclose information will not generally constitute a representation, although the courts have been flexible in their identification of a statement i.e. a statement can be made by conduct and by words. A statement may be so vague as to be neither a promise which is incorporated into the contract as a term, nor a statement of fact, just a 'mere puff'. In Dimmock v Hallet1, Tuner LJ said that a representation that land was 'fertile and improvable' would not, be considered such a misrepresentation as to entitle the innocent party to rescind the contract. However, the more specific the statement, the less likely it is to be treated as a mere puff.2 Secondly a statement of opinion or belief which proves to be unfounded is not a false statement of fact, as, 'A representation of fact may be inherent in a statement of opinion, and, at any rate, and existence of the opinion in the person stating it is a question of fact.'3 But on
Is it still viable today to maintain a distinction between contract law and tort?
CP01-5752 "Liability for breach of contract is distinguished from liability in tort in that: i) the duties are primarily fixed by law, while on contract they are fixed by the parties themselves; and ii) in tort the duty is towards persons generally while in contract is towards a specific person or persons" (Winfield). Discuss. Is it still viable today to maintain a distinction between contract law and tort? A difficulty lies in locating the law of contract within the spectrum of civil obligations. Contract law is in essence based upon the expectation of a binding promise between individuals, on the basis that these expectations should be fulfilled. Conversely, tort law reflects the principle that a person should be redressed for harm wrongfully inflicted upon them. Current law maintains a distinction between tort and contract as being separate entities with their own criteria, procedures and remedies, although recent case law and statutory provisions are continually eroding the boundary. Tort and contract law would seem to stray into each other's jurisdiction by virtue of restitution. An individual may bring an action from a contractual arrangement between parties of which he is not one, and where the loss is not strictly as a result of breach of contract, e.g. a mistake of fact; no contractual obligation exists between parties and yet no tort has been committed either.
Examine the different circumstances in which the doctrine of 'mistake' may arise in making a contract and explain the effect in each case.
2. Examine the different circumstances in which the doctrine of 'mistake' may arise in making a contract and explain the effect in each case. An operative mistake means a mistake which operates so as to avoid a contract; this is the only mistake which could be recognised by law. There are four types of operative mistake. First of all is the Mistake Relating to Documents, in another word is the documents that has been mistakenly signed. In general, if a person has signed a document or a contract, whether this person has read and understood all its terms, he is bound by it; L'Estrange v. Graucob1. If a person has been induced to sign the contract by fraud or misrepresentation, the transaction will be voidable. In this kind of situation, the person may be able to use Non Est Factum2 as a defence. This was originally used to protect those who are quite old and not quite educated people, but now it can be used to all kinds of persons who have signed some documents which is totally different from what it actually was. Foster v. Mackinnon is a quite good example for it, where the plea of non est factum succeeded. However, in order to prevent abuse of the plea, the courts have set two restrictions: first, the mistake made by the signer must be fundamental or radical to the document he signed; and second, the signer must take reasonable care when signing the document. Regarding to
Topic 6 : Remedies For Breach of Contract the Remedies Available To the Injured Party Will Depend On the Nature of the Breach Because the Results Will Defer As Between the Parties.
Topic 6 : Remedies for Breach of Contract The remedies available to the injured party will depend on the nature of the breach because the results will defer as between the parties. . Rescission Rescission is available for non-performance and defective performance. It aims to restore the parties to the positions they were in before they entered into the contract. This means, for example, that a person who obtains goods on the basis of a misstatement of fact may only rescind the contract if they are willing and able to restore the goods they received. If this cannot be done, the remedy of rescission is lost. 2. Damages The aim of an action for damages is to enable an innocent party to receive monetary compensation from the party responsible for the breach of contract. Generally, it is to put the injured party in the position that they would have occupied if the contract had been performed as was originally intended. Therefore, damages are calculated on the basis of looking at what the position should have been if the contract had been properly performed. The types of damages that may be awarded to an injured party under a contract are nominal damages (minimal), normal or ordinary and exemplary (or punishment) damages. Four questions need to be considered when a claim is made for damages: i. Causation The injured party has to prove that the loss or damage that they have
Advise Wajid as to whether he has any binding Contract for his mobile phone.
Advise Wajid as to whether he has any binding Contract for his mobile phone. Wajid, a plumber, has a mobile phone contract with Telecom until 31st October. He has also had dealings with phone companies Webphone and Savaphone, with a view to getting a cheaper phone contract elsewhere. The current date is 7th October. Wajid has a problem in the area of agreement concerning the three contracts he has sought advice on. Agreement is the meeting of minds or actions of the parties to agree on a contract, within which are two sections, offer and acceptance. Both offer and acceptance are essential for the formation of a valid and binding contract, so each issue Wajid has needs to be viewed in these terms to discuss whether he is bound to any contracts or not. Individually each contract, or potential contract, will be discussed to decide whether Wajid has a binding contract with any of the three companies which he has dealt with. Telecom Wajid currently has a phone contract with Telecom, which is due to expire on 31st October. He received a letter from them on 1st October, explaining to him that his contract will automatically be renewed unless they hear from him before the end of his current contract. With reference to acceptance. For a contract to be valid there must be an offer and an acceptance. A valid acceptance must agree to all particulars in the offer, otherwise it
With reference to case law, discuss the difficulties surrounding the legal tests used to identify a contract of employment.
Employment Law Coursework 1 Title "Certainly there is no one factor which marks out a contract of employment. A factor which is important in one case may be insignificant or not present in the next". (Michael Jefferson, Principles of Employment Law) With reference to case law, discuss the difficulties surrounding the legal tests used to identify a contract of employment. Word Guidance: 2000 Words Hand in date: Monday November 17th 2003 Most people, I think, could answer the question "Are you an employee?". Some people may answer yes, while others, those being self-employed, will reply in the negative. However, as simple the question appears, in law a positive result gives significant rights and obligations. It is imperative therefore that an employee be distinguished from a independent contractor. It is said that an employee works under a contract of service, whereas an independent contractor works under a contract for services. In my opinion, that distinction does nothing to help distinguish, indeed it perhaps confuses, the situation. There are a multitude of rights that flow from being an employee which are not available to independent contractors. These include written particulars of employment; unfair dismissal, redundancy, equal pay, statutory sick pay and maternity rights; health and safety provisions; rights to statutory and contractual notice periods; social
All relationships between individuals and companies are governed by the rules of precedent and statutory interpretation. However, these rules only appear to impose constraints on what judges may do. The truth is that judges can alwa
Sheridan, Rabina and Darren have decided that they have sufficient complementary skills and sufficient capital to conduct their own business together. They all want to be involved in day to day business activity and they want to keep control strictly limited to themselves, but they also want to place a limit on the amount of capital they can lose. They have been told that there are several different ways in which their business could be organised, but they are currently undecided as to which. a) Identify and explain 2 legal forms under which their business could be conducted; Limited Liability. This is where there is a limit on how much Capital can be lost. If the company goes bankrupt, only the value of the shares is lost. The management's possessions are completely independent to the company so any money that needs to be recovered does not come from the directors. It is quite high risk due to the amount of Capital required to start it up. Partnership. The terms of the partnership are agreed to beforehand and any later profits made from the business are divided between the partners. They are easy to register and do not require vast amounts of paperwork. An example of this is Hewlett-Packard b) Identify and explain the legislative basis for each of these legal forms; Limited Liability. A limited Liability company must have at least one director, one company secretary
