Offer and Acceptance and the allocation of risk when communication fails.

DLLUKI – UK LAW DEGREE TRANSFER PROGRAMME LAW SEMESTER 1 – Law Of Contract Coursework August 2012 Name of Candidate : ALAMELMANGAI A/P ANANTHAKUMAR Student Matric. No : I12001265 Intake Subject Code : LAW 102 No of Words : 1443 words Lecturer : Ms Kalaveny Kanagasingam Date received: Marks Obtained: TITLE The rules on offer and acceptance in contract law are not primarily concerned with the actual intentions of the parties. What they seek in fact is to allocate the risk of failed communication fairly as between the parties. Discuss critically. Acknowledgement I would like to use this opportunity to thank all the people who have helped me in the completion of this coursework. The coursework was based on the topic offer and acceptance in Contract Law. Thanks to Ms Kalaveny Kanagasingam, my Contract Law lecturer, who has been guiding me to complete this work. Apart from her, I would like to thank to all my INTI International University Tan Sri Abdul Majid Library, as for the books that have helped me. To my friends and family, thank you all for being a helping hand by giving me the time, knowledge and support. CANDIDATE DECLARATION I hereby declare that the coursework produced herein is based on my original effort except for quotations and citations that have been duly

  • Word count: 2296
  • Level: University Degree
  • Subject: Law
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Explain the importance of George Mitchell (Chesterhall) Ltd v Finney Lock Seeds Ltd in the development of contract law. How does Section 55 relate to Schedule 2 of the Unfair Contract Terms Act?

The matter highlighted in the case of George Mitchell (Chesterhall) Ltd v Finney Lock Seeds, in which Finney Lock Seeds sold George Mitchell (Chesterhall) Ltd the wrong kind of seeds than had been mutually agreed upon, resulting in a bad crop and long-term losses for the plaintiff. The case is a dispute as to whether the defendant was liable to refund the cost of the seeds or if the defendant was liable for compensating the cost of the seeds and furthermore the compensation for the losses incurred by the plaintiff as a result.[1] Refunding only the cost of the seeds is a common law issue, while further compensation is a statutory issue. Section 55 of the Sale of Goods Act 1979 states that if liability should arise under the contract of sale of goods it may be cancelled out or varied by agreement but the preceding provision has effects subject to the following provisions: “In the case of a contract for the sale of goods, any term of that or any other contract [could be interpreted as any contracts that are not for the sale of goods] is void in the case of a consumer sale and is, in any other case, not enforceable to the extent that it is shown that it would not be fair and reasonable to allow reliance on the term.”[2] Subsection 5 of Section 55, almost identically mirrors schedule 2 of the UCTA 1977 as we saw last week, and begs of the judges to answer the same questions

  • Word count: 790
  • Level: University Degree
  • Subject: Law
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Contract law - review of cases.

INTRODUCTION Law is such a big word which includes a system of rules enforced by members of a particular state. In order to run a good business, it is essential to know as much laws as you can. And contract law is one of law’s issues. Contract is “an agreement which legally binds the parties to it” (BPP Learning Media, 2010). The contract law aims to build a clear understanding between parties about what they agree to. According to a comment of a Vietnamese lawyer, there are countries which are really good at enforcing contracts, while some others do not. And in the list of good countries, she stated Australia, United States, Germany, and France. Asking for the reason, she said that it could be because of the high disciplined culture within countries. In addition, under her point of view, the commercial contract is the most difficult and complicated contract. Normally, its impact is big that requires the court to have the fairest decision to all parties. In this report, the basic knowledge about contract law is shown in clear order. To make every point be clear, the researcher cited a lot of lawsuits followed each factor of the laws mentioned. Due to the limitation of work, all summaries with analysis and decisions of several cases are mentioned in the appendices. ________________ (All the cases which are cited in this report are in the appendices) . THE ESSENTIAL

  • Word count: 6146
  • Level: University Degree
  • Subject: Law
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Questions on Offer and Acceptance.

Calum Stringer 0600532 Q1. English and UK law is established on statute however its background as well as its continuous evolving rely upon the doctrine of binding precedent. In order to agree with matters those aren’t enclosed by statute as well as to assist progressive advancement of law. The Precedent remains a very significant source of UK and English law, its binding nature whilst not stopping development of law; it is significant in maintaining certainty within the law. A Judicial precedent means law that has been made by judges after a judge has made the law, this case is recognised as a precedent. The principle the doctrine of binding precedent exists so that decision at the courts further up the hierarchy (of courts) are made binding on the subordinate courts . In the future the judges need to view and respect the decision; this is known as Stare Decisis. When cases decisions have been recorded then judges in the later cases will follow these and form a code of conduct. The meaning of ‘Ratio decidendi’ translates to ‘the reasons’ for specific decisions, this statement of law is where the judge will base his final decision. As this is a share of the judgement capable of forming a binding precedent. It’s essential to realise that ratio decidendi doesn’t have anything to do in regard to the details of a case. It’s a statement of law

  • Word count: 3570
  • Level: University Degree
  • Subject: Law
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'The law in relation to misrepresentation drives a coach and four through the hallowed principle of caveat emptor.'

'The law in relation to misrepresentation drives a coach and four through the hallowed principle of caveat emptor.' The principle of caveat emptor is a doctrine that was dominant in the English legal system pre-19th century. Its literal translation means 'let the buyer beware.' The common law maxim is as the translation suggests, that the courts will not offer any protection for consumers who have entered into a contract which is a bad bargain. Only in circumstances where there is actually illegality or undue unfairness would the courts find in favour of the consumer. However, since the late 19th century the courts and more recently, government legislation have attempted to move away from the old traditions and move towards a more consumer protective atmosphere. This consumer protection comes, in part, in the form of Misrepresentation. Misrepresentation can be defined as "a false statement of fact that does not become a term of a the contract, made either before or at the time of the making of the contract by one part to the other which induces that other to enter into the contract."1 In basic terms this means that a representor cannot make a false statement to induce the representee into the contract. Professor Atyiah notes the move from the old system to the new by saying, "The older notion that a man could say what he liked to a prospective contracting party, so long as he

  • Word count: 1801
  • Level: University Degree
  • Subject: Law
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The law of contract

LLB Year 1/ BATL Year 1 The law of contract recognises that an agreement is dependent on consent and this, therefore, implies that an agreement obtained by threats or undue persuasion will be insufficient. Many contracts in practise involve a degree of 'arm twisting' and this raises the question as to what level of pressure is acceptable to exert over another contracting party? This problem is dealt with by the common law doctrine of duress and the equitable doctrine of undue influence. The courts have developed these doctrines over a long period of time and since the Judicature Act 1873 it has been the duty of all courts to administer both doctrines concurrently. Both common law and equity agree that a party cannot be held to a contract unless he is a 'free agent'. A party who is subject to duress or undue influence is said to have had his will 'overborne' so that he is incapable of making a free choice or even acting voluntarily. It has been argued that the way in which these doctrines have been developed has meant that not enough importance is placed on whether the contract is fair or not. It is the aim of this essay to analyse the development in the law of duress and undue influence and determine the validity of this argument. The common law doctrine of duress allows a party to avoid any promise extorted from him by terror or violence. A contract that has been made under

  • Word count: 2749
  • Level: University Degree
  • Subject: Law
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