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
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
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
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
"Intention to create legal relations could be used to replace the doctrine of consideration. There is no reason in principle why a gratuitous promise seriously meant should not be enforced."
"Intention to create legal relations could be used to replace the doctrine of consideration. There is no reason in principle why a gratuitous promise seriously meant should not be enforced." Critically evaluate this statement. Before looking at if the intention to create legal relations should be used to replace consideration, it is important to look at how these doctrines fit into the essential elements in a contract. Their use will then be discussed, together with the doctrine of promissory estoppel. In evaluating these principles reference will be made to case law, judicial comment and of leading contract academics work. Finally, thought will be given to the future of consideration, and if it is still necessary today, when so many other countries have adopted alternative approaches to ensuring that contracts are binding. In the formation of contracts two elements are vital. Firstly, the "offer," an indication by one person prepared to contract with another, on certain terms, which are fixed, or capable of being fixed at the time the offer is made.1 Secondly, there must be an "acceptance", an unconditional assent to a definite offer.2 These two combine to create certainty that a contract has been formed, for, as in Scammell v Ouston (1941),3 "if an agreement is uncertain on some important issue...the courts will hold there is no contract."4 Following this, the elements
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"Given the House of Lords' strict interpretation of the doctrine of offer and acceptance in Gibson v Manchester City Council [1979] 1 All ER 972, would The Satanita [1895] P 248 be decided the same way today?"
Law of Obligations 1: The Law of Contract Question: "Given the House of Lords' strict interpretation of the doctrine of offer and acceptance in Gibson v Manchester City Council [1979] 1 All ER 972, would The Satanita [1895] P 248 be decided the same way today?" 9 January 2007 In order to answer this question, it is essential to outline the basics of the formation of a contract and the doctrine of offer and acceptance. A contract is a legally enforceable agreement between two or more parties. It is formed when one party (the "offeror") makes an offer which is accepted by the other party (the "offeree"). Offer and acceptance are two components of a valid contract which result in a "meeting of the minds".1 Offer is a specific proposal to enter into an agreement with another. Acceptance validates the contract and it must be clear, unequivocal, unconditional and made by the person to whom the offer is intended. It is necessary to differentiate an offer from an invitation to treat. An invitation to treat is simply an indication of a person's willingness to negotiate a contract. In Gibson v Manchester City Council 2 the courts had to decide whether something said, written or done in the negotiation process was actually a contractual offer capable of acceptance or a mere invitation to treat. In November 1970, Manchester City Council (then led by the Conservatives) sent out
The Law of E-Commerce
The Law of E-Commerce English law has long been recognized as respecting freedom of contract. In other words, the state has not, generally, laid down legislation which has interfered with the freedom of parties to agree the terms of their contracts. In more recent years, there have been a number of inroads into the principle of freedom of contract, particularly with respect to consumer protection. It very much remains the case that English law does provide parties with considerable flexibility both as how they conclude contracts and the terms that they include. Offer and acceptance In order for a contract to be binding under English law it requires an offer, acceptance, intention to create legal relations, consideration and capacity. With regard to electronic commerce, the contractual requirements need careful consideration. Offer A supplier offers an unconditional offer which could be accepted by any potential customer. If the customer informs the supplier that he or she accepts the offer ,there will be a binding contract. On the other hand, the supplier could provide to the customer what is known in legal terms as an "invitation to treat". This is not a binding offer, but an "invitation" for the customer to make an offer, which the supplier can then accept. It is very important for suppliers wanting to sell goods through on line to ensure that their websites
"Everyday Use" by Alice Walker and "A&P" by John Updike, both exhibit a comparable problem concerning acceptance.
Rachel Ince Mrs. Hudler English 1302-14 3 March 2003 Acceptance shown in "Everyday Use" and "A&P" "Everyday Use" by Alice Walker and "A&P" by John Updike, both exhibit a comparable problem concerning acceptance. Acceptance is a universal idea experienced in everyday life and in many social situations. For instance, when two or more people come together, ideas and opinions can clash and acceptance can become a problem. The situations presented in these stories portray the idea of acceptance while revealing an aspect of the human condition. To begin, in Alice Walker's story "Everyday Use", acceptance is a problem between Dee and her mother. The mother first describes a dream of hers in which she and Dee are reunited on a TV show. She describes a situation in which Dee would want the mother's appearance to be different. For example, the mother states: "I am the way my daughter would want me to be: a hundred pounds lighter, my skin like an uncooked barley pancake" (89). Therefore, the mother feels as though Dee does not accept her the way she is. Another example takes place when Dee demonstrates her dislike for their home. The mother talks about the new house, she declares, "no doubt when Dee sees it she will want to tear it down" (90). Not only does Dee disrespect the way her mother looks, she disregards her way of life and home. As Dee escapes to college to find a
Contract - Business & Company Law
A contract is legally binding agreement between two or more competent parties in which an offer is made and accepted, and each party benefits. Each party are free to accept or reject the terms of the other. The distinguishing characteristic of a contract is that of an exchange made between the parties. Contract although a legally term occurs in our day to day activities. For example grocery shopping, when a person pay for the item, the person is accepting the offer hence a contact has taken place and the person is allowed to return some item if not pleased and money back for a specific period, Lawyers are not consulted, formal agreements are not prepared, In practice this usually works quite well. The object of a contract is the thing which it is agreed upon, the object of the contract must be lawful when the contract is made and possible and ascertainable by the time the contract is to be performed. Most business owners enter variety of contracts in the ordinary conduct of their day-to-day business sometimes people do not even recognize that they are entering into a contractual relationship. A contract can be Expressed and Implied - Express contracts are contracts that are in writing form . Implied contracts are formed through the conduct of the parties, it can be "implied in fact" or "implied in law" . A contract can be Oral and Written - a contract need not be
The offer and acceptance rule in contractual formations.
The offer and acceptance rule in contractual formations is where there is a clear and 'unequivocal offer' that is matched by a clear and 'unequivocal acceptance'. Courts and legal advisors use this general rule as it provides some degree of certainty. The rules of offer and acceptance that govern the formation of contracts are correspondence, nexus and communication. All three rules can be applied to new forms of communication as they are much quicker and easier to correspond with than post. However, even though the rules can be applied to quicker forms of communication, problems and confusions inevitably arise depending on the nature of the contract. Therefore in some cases, the rules of offer and acceptance may not be as clear and straightforward as it may first appear to be. One rule of offer and acceptance that determines when a contract is formed is that the offeror has to correspond to the offeree. According to Hugh Collins in his book Law of Contract, an 'acceptance must correspond exactly to the terms of the offer' and if the acceptance contains terms that are different to from the original offer then it 'fails to create contractual responsibility'1. This can be seen in the case of Gibson v. Manchester City Council [1978]2, where the City Council wrote to the tenant that they 'may' be prepared to sell the house at £2,180. However, the claimant wrote back asking for