The value of the interest the plaintiff has in a contract forms the standard basis for the award of damages in contract law. For instance, courts will award costs proportionate to the matters in issue and disregard unreasonable cost.
View More >>The issue with reference to Unicorn Properties Ltd (UP) and Goldfinch Construction Management Ltd (GCM) is whether there is a contract between them that can now be enforced against UP by GCM.
View More >>Goods is categorised into ascertain or specific goods and unascertained goods for understanding the transfer of goods in property. For unascertained goods, sale of unascertained goods, property in goods passes when the goods are ascertained.
View More >>Thorne v Kennedy illustrates the difficulty in distinguishing between three conditions of a contractual agreement which would render a contract invalid – undue influence, duress and unconscionable conduct.
View More >>In response to Peter’s proposal of 6000 pounds, Sandra suggested a £5,500. Essentially, Sandra was responding to an invitation to treat from Peter by giving an offer which Peter could either accept or reject.
View More >>A major issue presented in this case is about false advertising, which Paulden’s Department Store presented in the Daily Mail newspaper.
View More >>A contract refers to an agreement that is legally enforceable which is made between parties. On the other hand, an offer is an expression of willingness to form a contract as per certain terms, which are aimed at becoming binding once they are accepted by the offeree. (Peel, 2011, Para. 2–002) defines contract law as a body of legislation concerned with making as well as enforcing agreements. This paper outlines a plan to advise Malakai and Anezka based on England and Wales’ Contract law.
View More >>In Arnold v Britton, the court has considered the limits on the use of commercial common sense in construction of contracts.
View More >>In this scenario, the issue is whether Karen can claim breach of contract by Owl Barn for the delivery of the product that does not match the description of the product that was agreed to in the contract. One of the implied terms in Sale of Goods Act 1979, is that the goods must be fit for the purpose for which sold. In this case, the tank was for the purpose of daily use by the hotel’s 250 guests and employees for which purpose it was to be 9000 litres as per specification.
View More >>Equity intervenes when payment of damages does not serve as adequate remedy in case of breach of a contract. Such intervention is in the form of a court order of specific performance against the defendant to perform their contractual obligations. Such order
View More >>Consideration along with offer and acceptance are essential components to make a valid contract
View More >>This contract entered into by Gregor and Finn is a well-established contract but certain issues seem to arise within the contract. Firstly, Finn had received another lucrative opportunity to construct a swimming pool elsewhere. He had already constructed the foundation and laid the first brick of the wall and decided to attend the other opportunity for some extra money by putting Gregor’s work on hold.
View More >>The issue is whether Arnold has to bear the loss of theft of 1000 units. The issue relates to ‘property’ in goods and the answer to the issue would be based on whether property is passed to Arnold or remains in Machine Co. The law for the same is Sale of Goods Act 1979 (SGA 1979) and Standard Form Contract is also applicable in the case. The term property in goods refers to the ownership in the goods and is used to signify the party that owns the goods and therefore bears risk for the loss of goods.
View More >>This essay discusses the legal issues arising out of the problem scenario involving sale of goods by Petrus NV in Antwerp, Belgium of 1000 tonnes of citrus pulp pellets to Quagga Ltd in Tanzania for use in high-grade cattle-food. This essay provides advice to Quagga in two different situations based on the law contained in the Sale of Goods Act 1979 and the common law.
View More >>In the terms of the common law of Contract in UK, there should be three operative ingredients present in order to give birth to a valid contractual agreement – a) an agreement b) an intention to contract and c) a valid consideration. An agreement under the UK common law of contract
View More >>In the given case study, the doctrine of Frustration of Contract and doctrine of Force Majeure can be applied and in order to advice Southern Water regarding their legal concern and for the purpose of attaching academical critical commentary
View More >>Lord Coke in (Pinnel’s Case (1602) 5 Co Rep 117, 1602) held that the payment by the debtor of a lesser sum against a greater sum due cannot be treated to satisfy the debt.
View More >>In this scenario, the pertinent issues are raised with regard to transfer of contracts (and the validity of the same) from Valhalla to Heimdall.
View More >>In this case study, there is a contract existing between the parties to the tune of £5 million. Subsequently, Simon agreed to give Kylie a gift for performance of obligations already covered by the initial contract. One the key elements of a valid contract is.
View More >>The given scenario comprises six main issues around principles of contract formation, valid offer and acceptance, invitation to offer, valid consideration revocation, misrepresentation, breach and liabilities, quality
View More >>Exemption clauses are contractual terms that form parts of contracts that attempt to either exclude or limit the liability of one party to the other
View More >>Mary engaged in a contract to buy a car at £10,000 and paid a deposit of £500. She was informed that the car would be delivered in 20 days and while she was waiting for the delivery, she was told that the order was not successful due to computer system errors. The car vendor O’Malley’s
View More >>For a claim of misrepresentation to succeed, the claimant must prove that there was a false statement of fact
View More >>A contract is formed when there is a meeting of minds, that is, an offer is put forward and accepted. Riya placing an advertisement in the Classical Music Monthly Magazine is not exactly an offer but rather, an invitation to treat. Therefore.
View More >>A binding contract is formed when the elements of the contact, which are, offer, acceptance, consideration, capacity, consensus, and intention to create legally binding relations, are met with. An offer may be made to one specific individual or generally to the world signifying the offeror’s.
View More >>It would be incorrect to say that the only duties owed to the principals by their agents are to be found in the express terms of their contract. This is because there are also common law duties that are applicable to the agent as well as certain statutory duties that are relevant even if these duties do not find express mention in the contract. This essay discusses the duties of the agents, which are both in the nature of contractual and other duties. The essay also argues that the nature of agent’s duties to principal is fluid and one agent’s duty will not be the same as the other. At the same time, there are certain general principles under fiduciary duties that are applicable to agents irrespective of whether or not these are stated expressly in the contract.
View More >>This essay will analyse the doctrine of frustration and its application in respect to unforeseeable event. The frustration doctrine is limited to instances where a wholly unforeseeable event makes the contract valueless to a party. This doctrine cannot be used in instances where a contingency is reasonably foreseeable and the concerned contract irrespectively fails to provide the protection in the event of the occurrence of the contingency.
View More >>This paper will bring into analytical scrutiny, the concept of contract of sale. In the case of Happy Hotels Ltd and Exquisite Cuisine Ltd, where, being a big hotel that owns and operates many restaurants, as well as hotels throughout the UK, Happy Hotels Ltd can use various goods supplied by Exquisite Cuisine Ltd. On a particular day, Exquisite Cuisine Ltd emailed Happy Hotels Ltd that if they were interested, they could offer them ‘pasta steamers’ at £175 each, which in the following month, Happy Hotels Ltd gave a positive response, and noted that they needed 30 of the ‘pasta steamers.’
View More >>The issue that arises in this situation relates to validity of the restraint clauses with respect to the respective contracts between Charlie on one hand and Keith and Natalie on the other. Common law permits the use of restraint clauses under certain conditions. Restraint clauses can be expressly added into contracts of employment restraining employees from solicitation of clients, working with competitors for a specified time period, and breaching confidentiality. Restraints imposed on employees should be reasonable in order to be valid and legally enforceable;
View More >>The English law of contract is heavily relied on case laws which act as binding precedents on cases that arise in future. However, the codification of Contract law in United Kingdoms is not too remote, originating from European Directives. This is latter supplemented in statutes and codified laws governing contractual obligations. In order to substantiate an agreement, two parties intending to enter into agreement that is not social in nature may be governed by the law of Contracts provided it has five essential elements integral to satisfy it as a legal contract which can be traced as;
View More >>The issue with respect to Paul is whether Paul is entitled to claim damages from Belinda for the injuries caused to him by the accident due to the storm. The law is provided in Consumer Rights Act 2015 (CRA 2015). Also applicable in this scenario are principles related to damages.
View More >>The issue in this case is whether Helga is stopped from getting a remedy from Sam because of the exclusion clause that Sam has displayed in his garage. Briefly the facts of the case are that Helga bought a taxi for her business from Sam’s garage at a cost of £5000. She has purchased taxis from Sam’s garage before. The car turned out to be defected and this was revealed in a period of a week when the car seized.
View More >>The doctrine of precedent is one of the hallmarks of common law. The doctrine of precedent is based on the principle of stare decisis, which has allowed the judiciary to formulate rules that are characterised by consistency, certainty and predictability. Moreover, the expectation of binding precedent allows the judiciary to function with continuity. However, there is a need for achieving balance between adherence to precedent and flexibility required to deal with cases in newer contexts as no two cases are the same.
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