Assignment question 2: Advice TLC Ltd. as to any possible action they may have for misrepresentation against Answer Ltd.
Assignment question 2: Advice TLC Ltd. as to any possible action they may have for misrepresentation against Answer Ltd. In the given case, TLC. Ltd asked Answer Ltd. for advice, concerning the choice of a suitable computer system. After an accurate inspection, Valentino, the representative of Answer Ltd., recommended a "Bizarre Pentium IV" network system, which shortly after the installation, proved to be defective. It was not rendering the performance Valentino assured TLC Ltd., before they agreed to buy the system. Whether the false statements, which have led the injured party into the contract, fulfil the requirements for a misrepresentation, and what remedies result from that, will be clarified on the following pages. A misrepresentation is given, when a false statement has been made by one of the contracting parties to the other, which, while not forming a term of the contract, is yet one reason that induces the misled party to enter the contract. This statement must be a statement of fact, not of opinion, or law, or a sales puff. Furthermore misrepresentation is subdivided in three different areas. A statement is fraudulent, when "it's made with knowledge of its falsity, without belief in its truth, or recklessly, i.e. not caring whether it's true or false" (The law of contract-11th/G.H. Treitel/p.343). In this case the plaintiff can rescind the contract and sue
Contract law - Neil cream v JGH plumbers - Neil cream v John Christie (carpenters &joiners) Ltd - Neil cream v Craig &sons Ltd
Contract law assignment Neil cream v JGH plumbers Neil cream v John Christie(carpenters &joiners)Ltd Neil cream v Craig &sons Ltd To establish if there was a contract1 in the first place we have to define what a contract consists of a contract is an a agreement made between two or more people and must legally binding to be recognised by the law. Outline of presentation The counsel for the claimant argued that there was a contract between Mr Neil cream and the defendants. First there was no consideration given by C Craig & sons ltd for Mr cream's promise to pay the extra £5,000 as per Stilk v Myrick (1809) Also in William v Roffey Bros and Nicholas (contractors) ltd (1990) 1 all ER 512 Distinguishable from facts of this case as no penalty clause therefore disbenefit is avoided. The claimant argued since there was no consideration Mr cream doesn't need to pay the extra £5,000 to Ccraig &sons Ltd. The counsel for the defendant mentioned that if the terms and conditions were not expressed it may be implied by the business efficacy test of The Moorcock (1889) 14 PD 64 . S14 of sale of goods act1979 highlights that there must be a satisfactory quality of goods. Exclusion clauses are not effective on common law grounds its not enough to rule out claim in tort as per white v Jon Warwick (1953) 2 All ER 1021. Counsel for the claimant believe that Mr cream is not
There are two different cases evident - The first concerns Robert with his broken arm and his Rolex watch which is damaged beyond repair - The second concerns Lucy whose coat is stolen from the cloakroom.
Alana Gross Contract Law Question 1 - There are two different cases evident. The first concerns Robert with his broken arm and his Rolex watch which is damaged beyond repair. The second concerns Lucy whose coat is stolen from the cloakroom. I will start by looking at Roberts case. The club has a notice up reading, "The club will not accept responsibility for any loss suffered by customers". This notice is referred to by a printed clause on the back of the receipt issued when Lucy and Robert booked their salsa classes in advance. It needs to be decided whether these terms and conditions are incorporated as clauses in the contract. To determine this we must decide when the contract was complete and whether sufficient notice of the terms and conditions were given. We can look at the case of Chapleton v Barry UDC (1940). We can make comparisons between the ticket obtained in Barry UDC with that obtained in this case. In Chapleton v Barry UDC the court decided that the clause on the ticket was not part of the contract. The ticket was not the sort of document on which a contract term would be expected. It appeared merely to be proof that Mr Chapleton had paid his 2d hire charge. Assuming that Robert and Lucy paid for the class on booking, the receipt could be seen to be only a 'proof of purchase' as in Chapleton v Barry UDC and not one in which they would be expected to turn
Essay on Part - Payment
Hayleigh Cattermole "Payment of a smaller sum cannot discharge a debt for a larger amount" Is this and should this be the law? The view on part- payment varies in both Common law and Equity Law. In common law the view on Part payment was established in the Pinnels case. The quote is that "Payment of a lesser sum on the day in satisfaction of a greater sum cannot be any satisfaction for the whole." This states the consideration is not good if a person agrees to pay part of an existing debt, and therefore there is no binding contract. However Equity Law which over rules that of common Law decides on the basis of what is fair to whether this should be applied or not. The rule in Pinnels case is that it is a contracted duty to pay the full debt therefore part payment is not providing any consideration. In order to discharge the existing debt you must make a new contract in order to establish accord and satisfaction. An example of case which illustrates not doing more than contractual duty is Stilk v Myrick, where two sailors abandoned a ship and the captain asked the rest of the crew to sail the ship home even though they were two men down, and for this he would pay them extra money. However when the ship returned home the captain refused to pay the extra money and he won the case on the basis that the sailors were doing no more than their original contractual duty. Although
A classic Pattern For The Semi-Colon.
A classic Pattern For The Semi-Colon There is a classic pattern for the use of the semi-colon, indicated below: Noun in the first imc/ss semi-colon Pronoun in the second imc/ss Clara is passionatley in love with Paul She pursues him around the factory Miriam despises Paul's relationship with She thinks he debases himself by Clara indulging in a purely physical relationship Paul is frightened of both his women They want to possess him, body and Soul. Because they tell people quickly and clearly what they mean, simple sentences are good attention grabbers. People who want to persuade us to buy their products know this too. An advertiser buying space in a newspaper, for example has to make a big impact in a small space. So he or she chooses short simple sentences. The Complex Sentence Complex sentences are those that contain two different kinds of clause: : An independent main clause that makes the main statement. 2: A dependent/subordinate clause that adds something extra to that statement. They are called complex because their structure is more complex than that of independent main clauses. The Dependent Or Subordinate Clause There are two important facts to note about the dependent/subordinate clause: : It resembles the independent main clause in one respect: it, too, always has a subject and a main or finite verb (One that is not a
How does the Doctrine of Intention to create legal relations fit into the Traditional English Law on Contract?
How does the Doctrine of Intention to create legal relations fit into the Traditional English Law on Contract? Under English law there are traditionally three essential elements to the formation of a contract, Offer, Acceptance and supported by Consideration. However, there is another element that needs to be examined and understood as to where it fits into contract law, the intention to create legal relations. Courts are often required to decide whether a contract is enforceable. For the role of umpire to be accomplished it is often felt essential the need to delve further than the three established factors of contract and look at the intention behind the agreement to find out whether the contract will bind a party. Therefore and agreement will be enforced by judges if it is felt "the parties had an intention to create legal relations, that is if they intended their agreement to give rise to legal consequences"1 The Courts in this area of the law hold a certain amount of discretion since the idea that intention to create legal relations is an objective one. The courts will need to look at the behaviour of the parties, for instance what has been said and what has been done in relation to dealing with each other to make a deduction. Lord Bingham currently affirmed in recent case "whether the parties intended to enter into legally binding relations is an issue to be determined
"The law in relation to misrepresentation makes a mockery of the hallowed principle of caveat emptor", discuss.
"The law in relation to misrepresentation makes a mockery of the hallowed principle of caveat emptor" The truth of this statement has to be interpreted. To begin with, what is caveat emptor? Caveat emptor simply means: "let the buyer beware". The basic premise is that the buyer is at his/her own risk when purchasing a product, and should therefore examine it for obvious defects. In comparison with misrepresentation, misrepresentation is a false statement of existing or past fact made by one party of the contract to the other, in which the other party had relied upon. There are many types of misrepresentations, and recently, on this principle, common law made it possible for the injured party, usually a consumer, to sue upon breach of contract where there has been a misrepresentation. This can be said to have made a mockery out of the principle of caveat emptor, simply because it could be argued that the "buyer" does not have to "beware", and that the seller is the one responsible for ensuring to tell the truth about their products to the consumer. However, others argue that this principle still exists. The interpretation of the law by the judges could show both sides of this argument. There are many ways in which the law changed to incorporate aspects of misrepresentation. For example, until the 1960's, misrepresentations were either fraudulent, or innocent. However, now,
Compare and Contrast the New Growth Theory with Neoclassical Theory
Compare and Contrast the New Growth Theory with Neoclassical Theory Table of Contents Introduction 2 New Growth Theory 2 History 3 Analysis Of Recent Economies' Success 4 Neoclassical Economics 5 Neoclassical Economic Theory 5 Conclusion 9 References 10 Bibliography 11 Introduction Theories of economic growth, the mechanisms that let it take place and its main determinants abound. One popular theory in the 70's for example was that of the "Big Push" which suggested that countries needed to jump from one stage of development to another through a virtuous cycle in which large investments in infrastructure and education coupled to private investment would move the economy to a more productive stage, breaking free from economic paradigms appropriate to a lower productivity stage. New Growth Theory New Growth Theory emphasizes that economic growth results from the increasing returns associated with new knowledge. Knowledge has different properties than other economic goods (being non-rival, and partly excludable). The ability to grow the economy by increasing knowledge rather than labor or capital creates opportunities for nearly boundless growth. Markets fail to produce enough knowledge because innovators cannot capture all of the gains associated with creating new knowledge. And because knowledge can be infinitely reused at zero marginal cost, firms who use
Consideration Essay
In the Oxford Dictionary of Law, consideration is defined as 'An act, forbearance, or promise by one party to a contract that constitutes the price for which he buys the promise of the other. Consideration is essential to the validity of any contract other than one made by deed. Without consideration an agreement not made by deed is not binding; it is a nudum pactum (naked agreement), governed by the maxim ex nudo pacto non oritur action (a right of action does not arise out of a naked agreement).' Without consideration, it is very hard to prove that a contract has been form, as it is an important element.1 In the English Legal System requires that a promise must be legally binding. Whether this must be either contained in a deed, or a simple contract, consideration must have been given in order for a contract to be valid. The doctrine of consideration has developed over many centuries. Originally the doctrine of consideration was only based on a moral obligation. This theory can be seen in the case of Stone v. Withpool (1588), where the judge said, "every consideration that doth charge the defendant in an assumpsit must be to the benefit of the defendant or charge of the plaintiff, and no case can be put out of this rule."2 However in the Eighteenth Century, Lord Mansfield took an open-minded attitude towards the topic of consideration as an essential requirement. In the
Consumer Protection.
Purpose NISRA Citizen Charter Customer and Service Standards What claims they are Making Records and search services guidance on Marriage Procedures, Registration of Death, Name Changes Building Control, cleansing services, Civic Amenity, Environmental Health, Parks, playing fields and cemeteries, leisure services, economic development, Community development. What targets they have set * Deal with telephone requests for general information about the registration services available. * Deal with postal applications and written enquiries for certificates within 8 working days. * Keep queuing times in the public office under 10 minutes * Ensure that all births (live and still), deaths, marriages, adoptions are registered; * Ensure that all information collected is relevant, accurate, complete and updated when required in such a way as to maintain public confidence in the records; * Produce and publish accurate statistics relevant to the needs of customers; * Preserve births, deaths, marriages and adoption records permanently and to store them securely; * Produce certified copies of records efficiently and promptly on demand. * To Register General's Annual report. * Consult our customers to identify and meet their needs; * Work in Partnership with others. * Demonstrate equal treatments for all. * Promote best practice. * Operate in an open and accountable
