Contract law.
Contract Coursework Question 1 - Problem Question The assessment of a legal problem question needs to consider all the essentials relevant to the area of law. In regard to contract law, the fundamentals of offer and acceptance remain to be paramount features to the development of a binding contract. Although they may be seen at the preliminary stages of forming the contract, the contract would be invalid if either of these requirements were not met. Theoretically, it therefore makes a strong starting point to identify these legal concepts. They can be drawn from analysing the facts, there after if both points are satisfactory other contractual issues maybe considered, and the legal implications outlined accordingly. In addition to this, it is important to evaluate any defences available to the alleged breaching party, or whether there is any contrary law which sides with the defending party. In order to advise clients accurately, both sides of the argument must be measured, so that the solicitors may interpret the legal impact of their actions, and provide a balanced judgment of the likelihood of the stronger argument. The general facts of the scenario are only in brief, and are presented in a lay form without any discussion of the law's perspective. Therefore it is necessary to: identify the legal issues raised, apply the relevant case and statute law, relate the law to
Contract Law
Law - Coursework Assessment 1 Weston LTD v Bloggs & Co This case presents two problems, firstly under the obligations set out in the contract the traders were required to finish all works by a deadline which was set for the end of November. Secondly the paint specified by the customer did not perform as said by the supplier and had peeled away from the pier after a 6 month period, the supplier had specified it would last 10 years. "Contract is distinctively about the voluntary assumption of obligation; it expresses this idea more directly. So for example, the standard modern account of the distinction between contract and tort has it that, whereas in tort the duties are fixed by law and are owed to persons generally, in contract the obligations are fixed by the parties themselves and are owed to specific persons." (Roger Brownsword - Modern Contract Law themes for the 21st century) This situation is generally about Breach of Contract, which concerns the two or more parties involved in the contract to uphold an agreement or promise. A valid contract requires: (1) an agreement; (2) an intention to create legal relations; and (3) consideration (unless the Contract is made by deed). Whilst each of these three requirements receives separate treatment, they must in reality be looked at together. In the case; Ailsa Craig Fishing Co Ltd v Malvern Fishing Co Ltd [1981] It was
Contract law.
. Generally, damages can not be recovered in contract for losses, which do not affect a pecuniary interest of the claimant. In addition to financial loss a claimant might suffer disappointment, inconvenience and distress as a result of the breach but damages for such non - pecuniary losses are generally not recoverable in contract. This rule stems from the House of Lords decision of Addis v Gramophone Co. Ltd [1909] AC 488, where it was held that it was not possible to recover damages for the distress caused by the nature of a dismissal from employment, as opposed to directly caused by the breach itself. Damages can now be recovered for distress where that distress is directly consequent on physical inconvenience, caused by the breach. This principle which was decided in Perry v Sidney Phillips & Son [1982] 1 WLR 1297, was also applied in Watts v Morrow [1991] 1 WLR 1421, where it was decided that the claimant was allowed to recover damages for distress caused by the physical inconvenience of living in a property during repairs. Watts v Morrow [1991], also recognised that public policy circumscribed any general liability for contract breaches causing 'distress, frustration, anxiety, displeasure, vexation, tension and aggravation. There are however two important exceptions. These are where one of the object(s) of a contract is to provide pleasure, relaxation, or peace of
Contract law.
Student No: 0227133 BU 110 Business law Essay title: Contract law Tutor: Ann Griffiths CONTRACT LAW . Contracts are very important, both in business world and in everyday life. Businesses make multi-million pound worth deals, buying and selling shops, factories and leasing buildings. Equally, our everyday lives involve making a contract in one way or another, weather it be buying a car, hiring a video or even something as little as buying a bus pass. It may involve a small amount of money but is still a form of a contract. There are seven requisites that are essential factors to form a legal contract. These are as follows: . Agreement - Offer and acceptance 2. Consideration - considering keeping an offer open if beneficial. 3. Intention - the parties must have intended their agreements to have legal consequences. 4. Form - in some cases certain formalities must be observed. 5. Capacity - parties must be legally capable of entering into a contract. 6. Genuineness of consent - the agreement of an offer must have been negotiated by the two parties. 7. Legality - the purpose of the agreement must not be illegal or contrary to the public policy. (a) In the first part of this assignment I will be looking at formation of contracts - offer and acceptance. I will advise Bobby of his legal liability regarding three cases of offers made to him and
contract law
Section A (1) "A contract is an agreement between two parties by which both are bound in law and which can therefore be enforced in court or other equivalent forum"1 A contract exists when one party makes an offer and the other party accepts it, this then is an agreement that both parties are bound to. However before a contract is made there will be a period of negotiation when one party is simply inviting the other party to negotiate or to make an offer this is called invitation to treat, at this point either party is free to withdraw because there is no intention to be legally bound and neither party is legally bound. Once a definite agreement has been reached withdrawal by either party without the agreement or the consent of the other party will constitute a breach of contract and will involve liability to pay damages. In this case for Betty to argue that there has been a breach of contract she must show that there was a binding contract in that Anne made an offer to Betty, which Betty accepted. An offer is a statement of the terms on which the offeror is willing to be bound. An offer can be express or it may be implied by conduct, Thornton v Shoe Lane Parking Ltd (1971) 2 and it can be made to one person, a group of people or to the whole world Carlill v Carbolic Smokeball Co (1892)3. Invitation to treat is another form of an offer in which one party invites another
Contract Law
Contract Law Module Assignment: When advising a party to the finer points of law (in relation to contract) it is imperative to examine and analyse the fundamental elements of a contract. A legally binding contract cannot exist without the following: * Offer - Must be capable of acceptance - Must be specific and comprehensive * Acceptance - External manifestation of assent to terms proposed by offeror - Must be an exercise of choice - Can be made by words or conduct * Intention - to create legal relations - Social and domestic agreements = no presumption - Commercial agreements = presumption - Subject matter and not parties define social/domestic agreements as opposed to commercial agreements * Consideration - Benefit and detriment to both parties * Capacity - Alcoholics - Mentally ill - Minors Throughout this assignment these key elements of contract shall be examined, however in general, a methodical, three-stage process has been adopted for this assignment and includes: i. Identifying issues of law ii. Applying the relevant legal materials to the question iii. Critical evaluation of the relevant issues/argument a) Andrea made a specific and comprehensive offer to Charles offering to sell him a case of a classic New Zealand Cabernet Sauvignon. Andrea communicated her offer to Charles via fax. Charles proceeded to reply to the
Contract law
The term contract is considered as an everyday word. This is classified that a person is always involved into a contract no matter what type of task they maybe doing. A contract in terms of law is defined as in agreement, which is precisely between the two parties. A contract is distinguished from agreements, which are not binding. This scenario can be examined from various prospects; this is because here it is seen that Robert is involved in negotiation with Tom and Sunita,. Here it is necessary to look at the two sets of negotiation. The initial point, which falls into discussion, is whether Robert has considered making an offer or is it an invitation to treat. Roberts advertisement in the "car mart magazine", it is submitted as an invitation to treat, this is defined as "an expression of willingness to enter into negations which it is hoped will lead to the conclusion of a contract at a later date".1 An offer is defined by Tretial (law of Contract) as an expression of the willingness to the contract on certain terms.2 The significance can be seen when a person is responding, it shows that they have not accepted an offer, so their actions does not at this point create a binding contract. In this case it is submitted that the type of contract made is an invitation to treat, and not an offer, in Partidge v Crittenden3. It can be put forward in the argument that the
Contract Law
Contract Law Coursework 2001-2002 Introduction This scenario presents different aspects of Contract Law, though the underlying points made are that consideration must not be past, identifying the offer and acceptance in a contract and the use of estoppels. A contract is a legally binding agreement enforceable in a court of law. However, not every agreement between two parties is a legally binding contract. The law imposes certain requirements on contracts. The fundamental requirements for forming a binding contract are: * offer * acceptance * consideration The first part of the scenario clearly identifies a simple offer and acceptance. Tim offers Mary to repair her bike and she accepts. This now creates a contract between Tim and Mary. Each contract requires an offer and acceptance of that offer. "... to constitute a contract, there must be an offer by one person to another and an acceptance of that offer by the person to whom it is made. A mere statement of a person's intention, or a declaration of his willingness to enter into negotiations is not an offer and cannot be accepted so as to form a valid contract"1 An offer must be an understandable, explicit and direct approach to another party to contract. For this reason, advertisements, catalogues or store flyers are not offers. Nor is a "for sale" sign on a used car. The law calls these
Contract law case study
Contract Semester 2 A misrepresentation is a false statement of fact that must have induced one party to enter the contract and the statement must not be a term of a contract. For Waymaker to have an action in misrepresentation against Sea-Fix-It, it must have induced the reasonable person to enter the contract. Using the case of Museprime Properties v Adhill Properties1 the judge referred to the reasonable person test. That said if the reasonable person would have entered into the contract then the court would presume the claimant was so induced. At the time of which Waymaker entered the contract with Sea-Fix-It the guarantee of ensuring the ship would be ready for the 14th July, would induce the reasonable person to enter the contract. However this guarantee is an essential part of the contract and maybe treated as a term of a contract, and not a false statement of fact. Consequently in saying this, the representee must have relied upon the misrepresentation. Waymaker did rely on Sea-Fix-It guaranteeing the ship would be ready for the 14th July, as the ship needed to depart on that day if not sooner. The case of Edginginton v Fitzmaurice2 it determines they is a misrepresentation even if it not the only statement that induced the plaintiff to enter the contract. The court held the statement was a misrepresentation as the defendants did not intend to keep to the statements
Contract law - case study
Assignment Case Mrs Jones' granddaughter, Paula, decides to buy her grandmother a fully guaranteed electric blanket made by Superwarm for her 70th birthday. Mrs Jones makes immediate use of the present and establishes a routine of switching it on prior to going to bed. The instructions stipulated that users were to put the blanket off prior to getting into bed, but on one particularly cold night some fortnight after receiving the blanket Mrs Jones ignored the instruction and fell asleep with the blanket to catch fire, and Mrs Jones suffered mild burns and the bed was damaged beyond repair. Smoke had also discoloured the decor of the room. Discussion In the light of the case given, the case being discussed is concerning about the kind of contract law which is on civil law basis. According to Law for business (Keenan and Smith, 2003), the primary aim of the civil law is to compensate individuals who have been caused loss or injury by the wrongful act of other people. Therefore, above all, we need to consciously realize that all the scenarios we discussed later will be based on questions like: 'who to compensate?'; 'whether someone is liable or not?'; 'what are the possible damages and losses?', which means no one really needs to be punished like criminals here, but just a matter of who is liable for the possible damages and losses in the case. Having bearing the core ideas
