Contract Law

Contract Law Question 1. Part A . The Sunday Sentinel has for many years run a weekly crossword competition Readers are invited to complete a large and very difficult crossword, and send it in to the paper. The total prize each week is £5,000, and this is split between those readers sending in correct answers. a) In one week, one of the crossword clues was printed in error, with the result that there was no clue for the word that was supposed to appear in the crossword. It was announced in the Monday edition of the sister paper , the Daily Sentinel, that the competition was cancelled for that week. However, Bel only takes the Sunday Sentinel, and on Tuesday sent in an entry which was in fact wholly correct - she had worked out that the clue was a mistake, and guessed the answer. This was the only correct answer, but the paper refused to pay. The issue that arises here is that did Bel accept the offer contained in the crossword puzzle and in addition did she provide any consideration for her promise contained in the offer? The final issue that needs to be considered is whether the offer once made can be withdrawn or revoked. The general rule is that the offer can be revoked up until the time it is accepted. The offer was announced in the Sunday sentinel and then cancelled the following day. Bel did not post her entry until Tuesday which meant that the newspaper

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Contract Law/Case study

Becks has lived with his girlfriend, Posh, for three years. They each contribute 50% of the council tax and house rates and have shared the other household expenses equally. Becks offered to buy for £10,000 Posh's share in Big Bank plc which she had inherited from her father. They were worth £100,000 and Becks knew this. Posh agreed because she was afraid that if she did not agree, Becks would leave her. Rooney, Beck's brother, threatened to tell Becks that he and Posh had had an affair before Becks had started to live with Posh. Rooney forced Posh to sign a guarantee for a loan which Rooney was borrowing from a bank as his business was in difficulty. The guarantee was secured by a charge on the flat in which Becks and Posh lived and which Posh owned. Advise posh as to her legal position. What would your advice be based on the following alternative assumptions- (a) Becks had left Posh threatening to publish intimate photographs which he had taken when they were living together; (b) Rooney had become insolvent and the bank was seeking to enforce the guarantee; (c) When Posh had agreed to the sale and guarantee she was only seventeen years of age. When advising Posh as to her legal position in the given scenario, I will look at each aspect of the case separately. I will determine what the legal rules are and how, if at all, they should be applied to the

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Of all of the elements which make up the definition of theft, which are the most problematic? Discuss using case law.

Of all of the elements which make up the definition of theft, which are the most problematic? Discuss using case law. Although the Theft Amendment Act of 1996 exists to close loopholes and inconsistencies within the law, the basic elements of theft are still dictated in the Theft Act of 1968, and some sections still remain ambiguous. S.1 of the Theft Act 1968 deals directly with theft and what it entails. It states that "a person is guilty of theft if he dishonestly appropriates property belonging to another with the intention to permanently deprive the other of it..." (Doig, 2006. p ) This can be broken down into five elements, whereby three belong to the actus reus of the crime, that is, appropriation, belonging to another, and property. The mens rea of the crime consists of the other two elements; dishonesty and the intention to permanently deprive (Herring, 2006). There are few problems when discussing what property can and can not be stolen. Section 4(1) of the Theft Act 1968 provides the definition that "'property' includes money and all other than property, real or personal, including things in action or other intangible property" (Kaye, 2000. p65). To illustrate the difficulties over the simplest of statements, the example that 'land cannot be stolen' gives rise to a vast number of complex issues surrounding land. For example, land cannot be stolen but what if the

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UCTA problem

Robert and his wife, Lucy, decide to take dance classes at a local Salsa dance club. They used to go to ballroom dance classes at the same club some years ago. Because Salsa dancing has become so popular, they book the classes in advance. On the back of the receipt a printed clause says ?"For terms and conditions please see the notices in the club?". On the inside of the club door a large notice is pinned up. The notice reads, ?"The club will not accept responsibility for any loss suffered by customers?". At their first dance class, the dance instructor, Paul, who also owns the club, demonstrates an energetic step and falls over, knocking Robert to the ground. Robert?'s arm is broken and his Rolex watch is damaged beyond repair. When Lucy goes to the cloakroom to get her coat, she finds that the coat has been stolen. Advise Robert and Lucy. .0 Area of Law The area of law are exclusion clauses, the Unfair Contract Terms Act, 1977(hereinafter known as UCTA) and Unfair Terms in Consumer Contract Regulations, 1999 (hereinafter known as UTCCR). 2.0 Issues There are a few issues to be looked at for the case. They are:- Whether the notice and clause are incorporated into the contract? Whether UCTA and UTCCR applies? Whether Robert can claim damages on his broken arm and Rolex watch? Whether Lucy can claim damages on the stolen coat? 3.0 Application 3.1 Methods of

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