Legal Research
Simon, a first year law student, decided to buy a DVD for use at university. He wanted a machine that would play his own DVDs as he had a collection of films he had copied from video to DVD at home. He explained exactly what he wanted at the shop. However, when he got the machine home he found it would not play home-recorded material, but it did play the pre-recorded DVDs he had bought. He went back to the shop but they said they did not have the machine he wanted at that he could not have his money back as the DVD player they sold him was in perfect working order. Simon, deciding he needed a break booked a holiday, looking for: 'Sun, sand and Sangria'. He told the holiday agents exactly what he wanted; lots of people, a full night life, luxury accomodation and the beach. He was assured that Hotel Luxor in Macedonia in July would be perfect to meet his needs. He took the holiday, paying by credit card. On his arrival, he found himself booked into a small chalet in the mountains, where it snowed. There was no room service,'lights out' at 10.00 pm and the only other guest at the chalet was a surly sheep. Thoroughly dissapointed, Simon returned to Liverpool to resume his law studies. However, he had not paid his full fees from the previous year and was not allowed to enrol on the degree. Advise Simon of his legal remedies in all the above circumstances. With view of the Sales
The case of Jones v Padavatton concerned whether or not a legally enforceable contract existed between the parties, in this case a mother and daughter.
CRITICAL ANALYSIS - CONTRACT LAW ASHLEY MAMLOK C05 SG 1 The case of Jones v Padavatton concerned whether or not a legally enforceable contract existed between the parties, in this case a mother and daughter. The judgements of Salmon LJ and Fenton Atkinson LJ, although reaching the same conclusion have very different reasoning. Salmon LJ considered that two main factors needed to be addressed; whether or not the parties had intended a legally binding contract, and whether the terms of the contract were sufficient to be legally enforceable. The English law operates generally on an objective approach based on what a reasonable person in the position of the parties would have intended. Salmon LJ follows this approach in his judgement, stating it is a presumption of fact that when arrangements are made between family members, they are not intended to create a legal relationship but are rather based on mutual ties of trust and affection. This presumption was established by Atkins LJ in his explanation of the case Balfour v Balfour and is cited by Salmon LJ, however he does go on to accept that in some circumstances just because a, "Contracting party is unlikely to extend his pound of flesh does not mean he has no legal right to." I consider that the principle illustrated by Balfour v Balfour, although fundamental for many cases, may not be so relevant considering the
Employment Contract.
Employment Contract University of Phoenix LAW 529 CMBA-0903 Learning Team Assignment #3 Employment Contract Employment Contract THIS AGREEMENT is made the 5th day of January, 2004 BETWEEN Horace Grump of: Circle Bar Ranch, Inc. Bisbee, Arizona (Employer) and Nettie Samaritan of: Fairbanks, Alaska (Employee). CONTRACT DETAILS (The Employer and the Employee hereinafter collectively referred to as the "Parties") This agreement establishes an understanding between the parties and both parties agree to be bound by its Terms and Conditions. This agreement shall not become binding upon the parties until it has been signed by both Parties. THE PARTIES RECITE THAT: WHEREAS Employer is engaged in cattle farming and maintains business premises at 123 Circle Bar Ranch Road, Bisbee, AZ 75215-0305. WHEREAS Employee is willing to be employed by Employer, and Employer is willing to employ Employee, on the terms and conditions hereinafter set forth. NOW THEREFORE for the reasons set forth above, and in consideration of the mutual covenants and promises of the parties hereto, Employer and Employee covenant and agree as follows: TERMS OF EMPLOYMENT Agreement to employ and be employed. Employer hereby employs Employee as Ranch Manager at the above-mentioned premises, and Employee hereby accepts and agrees to such employment. Description of Employee's duties. Subject to the
Recent changes have made the doctrine of consideration obsolete. Discuss.
Contract Law: Assignment #2 Rakesh Gangwani Q.43 p.8 (2000) DIL0306016 (sect H) "Recent changes have made the doctrine of consideration obsolete." Discuss. Note: Check for EU law updates... Consideration has travelled a long and treacherous path since Justice Lush's benefit/detriment definition in Currie v Misa. The doctrine has undergone rigorous changes over the years and today is defined by most as "the price that one pays for the promise of the other" as stated by Lord Dunnadin in Dunlop Pneumatic Tyre v Sefridge; later reaffirmed in Chappel v Nestle. Despite the various consensuses on the matter however, the true definition, and often, the very necessity of the doctrine still is and almost always has been in continued contention. It is for this reason that consideration has gathered a considerable amount of criticism of from judges and scholars alike over the years. One of the most notable of these critics was Professor Atiya who suggested that judges merely applied consideration on a subjective basis where they felt it is right to do so for whatever reason; a view that was heavily scorned upon by Professor Treitel who stood firmly behind the benefit/detriment definition which he professed to have a certain flexibility about it which allowed judges to expand or contract the doctrine's scope accordingly in order to affirm or repudiate a contract
What are the purposes of the rules about offer and acceptance with regard to the formation of contracts?
First Year Law of Obligations (contract formation) 67% What are the purposes of the rules about offer and acceptance with regard to the formation of contracts? A traditional approach to the theory of the formation of a contract is similar to the laissez faire ideology of contract law - that is, parties are left to form their own contracts on their own terms at their own will. When deciding whether a contract indeed existed between two parties, a subjective approach was taken where all that was needed was a 'meeting of minds' between the parties to create legal obligations between them1. In more recent years, this subjective approach has been abandoned in favour of an objective approach to both parties' intentions, that is to say, per Lord Blackburn in Smith v Hughes2: "Whatever a man's real intention may be, he so conducts himself that a reasonable man would believe that he was assenting to the terms proposed by the other party, and that other party upon that belief enters into a contract with him....he would be equally bound as if he had intended to agree to the other party's terms." This means that what a party says or does is inferred as reflecting their intention when forming a contract. This objective approach is used to judge agreement between the parties, and from this, the courts have developed the rules of 'offer and acceptance'. These rules, developed through
This report will provide a brief introduction about Consideration, Offer and Acceptance , and Terms Of Contract. The binding precedent of every description will be presented in this report too. Then, in the end this report will provide the conclusions of
. Introduction .1 Authorisation This report is prepared for Mr Alexander S. Tejo as a requirement of Principles of Business Law's assigment. Explaining about some cases of contract. .2 Limitations Word limitation is the main limitation in completing this report. It is very difficult to deliver all information gathered into two and half thousand words of report. This report source is coming from book source and internet source that needed to complete it. .3 Scope of the report This report will provide a brief introduction about Consideration, Offer and Acceptance , and Terms Of Contract. The binding precedent of every description will be presented in this report too. Then, in the end this report will provide the conclusions of its contents. 2. Consideration 2.1 Introduction Consideration is essential to the formation of any contract not made by deed. It is the element that before an agreement is legally binding. As we have seen, there must be offer, acceptance, consideration and intention to create legal relations in order to bring a contract is to be discharge. There are a number of ways in which a contract may be discharge, all of which will be dealt with later. A contract is not a binding unless each party meets and exchanges news to reach a benefit that related each ot them. 2.2 The Case Situational Analysis : Dick v Jane 2.2.1 The Theoritical Knowledge The
Consideration and Existing Contractual Duty
Consideration and Existing Contractual Duty The year was 1809. Stilk and his team of eleven sailors were engaged on board a vessel and set out on a voyage from London to the Baltic and back. They were paid £5 per month. Unfortunately, the team of eleven men was reduced to nine when two of them deserted them in the Baltic. The nine sailors refused to work and pressed the captain to increase their wages. So the captain agreed to split their wages among the nine sailors, equally, if they made it back to London. Eventually, the ship did make it back to London but the captain refused to pay them at the higher wages. The sailors sued the captain, but lost. 1 The early law of contract was relatively unsophisticated as it only responded to simple transactions and exchanges. As the economy grew, the call for commercial contracts grew as well. To top it all off, disputes become more complicated. Consequently, the landmark case of Stilk v. Myrick has, until today, been the classic authority on the position of duty owed to the other contractual party and consideration. To begin with, a contract is a legally binding agreement between parties which is enforceable by law. When a contract is made, it can only be valid and enforceable when each party agrees to exchange consideration. Therefore, in order to attain the right to enforce an undertaking, a party must undertake to give,
Q1: What are the essentials of a "Valid Contract" Discuss?
Q1: What are the essentials of a "Valid Contract" Discuss? A contract is made up of a promise of one person to do a certain thing in exchange for a promise from another person to do another thing. Contract law exists to make sure that people keep their promises and that if they do not, the law will enforce it upon them. Contract law is based on several Latin legal principles, the most important of which is consensus ad idem, which means a meeting of the minds between the parties or, in other words, a clear understanding, offering and acceptance of each person's contribution. Lawyers say that it is from the moment of " consensus ad idem" that a contract is formed and may be enforced by the courts. So a contract requires an agreement between the parties. But not all agreements are contracts. The general law of contract in Pakistan is contained in the Contract Act 1872. English decision's (where relevant) are also cited in the courts. The Act defines "contract" as an agreement enforceable by law. The essentials of a (valid) contract are: . intention to create a contract; 2. offer and acceptance; 3. consideration; 4. capacity to enter into a contract; 5. free consent of the parties; 6. lawful object of the agreement; Writing is not essential for the validity of a contract, except where a specific statutory provision requires writing. An arbitration clause
Explain in detail consideration in a contract, and evaluate equitable estoppel.
Contract 1 Assignment 3 During the course of this essay I will attempt to explain in detail consideration in a contract, and evaluate equitable estoppel. The mere fact of agreement alone does not bind a contract. With contracts by deed,(under seal) they are enforceable even when there is no consideration. The requirements for a deed are as follows: (Law of Property-miscellaneous Provisions Act 1989).It must be clear on the face of the document that it is a deed. It must also be signed in the presence of a witness who attests the signature and delivered. Both parties to the contract must provide consideration if they wish to sue on the contract. This means that each side must promise to give or do something for the other1. For example, if one party, A (the promisor) promises to mow the lawn of another, B (the promisee), A's promise will only be enforceable by B as a contract if B has provided consideration. The consideration from B might normally take the form of a payment of money but could consist of some other service to which A might agree. Further, the promise of a money payment or service in the future is just as sufficient a consideration as payment itself or the actual rendering of the service. Thus the promisee has to give something in return for the promise of the promisor in order to convert a bare promise made in his favour into a binding contract. Lush J. in
Contractual Obligations.
Elizabeth Williams: Contractual Obligations- Seminar group work. Contractual Issues raised in this case are as follows: Basically what has happened is... - Charlie wrote to Dotty on Monday. - Dotty received letter on Tuesday. - Dotty phoned Charlie on Tuesday and left a message. - Dotty phoned a second time on Tuesday to leave a different message. - According to the postal rule of acceptance the previous method of acceptance is invalid. - Dotty posted a letter of acceptance on Tuesday. - Charlie sent a letter revoking the offer on Wednesday. - Dotty's letter was delayed and received by Charlie on Saturday. (therefore it missed the acceptance date.) - Charlie's letter was also received by Dotty on Saturday at the same time. - Private Law-issue between individuals - Offer - Acceptance - Counter Offer - Revocation (Dickinson v Dodds) - Unilateral Contract - Misrepresentation - Postal Rule of Acceptance - Good Faith/Best Endeavours - Lock in/Lock out Agreement (Walford and Miles) - Consideration??? An offer in regards to contractual law is usually described as a statement of willingness, one which maintains specific terms and may lead to a binding contract. In this case we have seen that an offer has been made by Charlie to Dotty. This has been an offer to sell a grandfather clock for an asking price of £6000. In order for the contract to commence Dotty
