Question1:
Identify and describe whether there is a legally binding contract in each of the two examples below. Explain whether a contract does or does not exist in each by making reference to the esntial elements of a contract.
A contract is a legally binding exchange of promis or agreement between two or more parties, thus if one party fails to perform his legal obligation, law will be enforced. There are three esntial of a contract. First, it should be at least two parties which means you cannot contract with yourlf. Another important element is agreement, a contract must be agreement between the parties to it on all material aspects. The agreement should be a legally binding agreement. What’s more, both two parties or all of the parties will have obligations under the contract or have the intention to create legal relations. Here is an example of a contract, Morton’s Trustees v Aged Christian Friend Society of Scotland. Morton made a written offer to the Christian Friend Society to become personally responsible for the pennies of 50 life pensioners of 6 pounds, His offer was accepted and h
e made the annual payment until his death.
shelterAn offer is a proposition of willingness to contract made by one person to another person, the offer made by thewhen offeror shall become legal binding as soon as it is accepted by the offeree by giving an acceptance. This means if an offer is made then the acceptance must meet the offer. If an acceptance involves any rervations, any variations to the terms in the offer, it will be an unconditional connt to the terms of the offer which means it will not be an acceptance.
Invitation to treat is different from offer. An indication that the inviter is willing to enter into negotiations but in not prepared to be bound immediately is called an invitation to treat. An invitation to treat can be ads of goods for sale, Requests for tenders or goods displayed in a shop window. Here is a ca law to help us to identify invitation to treat from offer, Fisher v Bell 1960. A shopkeeper displayed a flick knife with a price tag in the window whereas the restriction of an offensive weapons act made it an offence to “offer for sale’ a flick knife. The shopkeeper was procuted in the court but the judge declined t
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o convict becau the knife was not offered for sale. It is clearly there is no n an offer for sale but an invitation to treat.
xerox
a.In the first 金泡泡ca, there is a legal binding contract. In this contract, the two contacting parties are Victoria and the sales assistant. The offer is made by the sales assistant becau she tells Victoria the price of shoes. Victoria believes the shoes are good value so she made an acceptance to buy the shoes. There is also an invitation to treat in the example, the pair of shoes in the window is an invitation to treat made by the shop.
b.In this cacarrier, there isn’t a contract. When David saw the dress on the website, it is an invitation to treat made buy the dress shop. But he want a lower price in other shop, when he came back, the size he wants is sold out. There is no offer and acceptance between David and the dress shop. So there is no contract in the example
Question2:恒星英语学习 籍贯英文
a. Advi Osman as to whether there has been a breach of contract and, if so, identify the appropriate remedy.
b. What other remedies are available for breach of contract?
A breach of contract means one party of the contract does not do according to the requirement of the contract or one party does not fulfill his legal obligation under a contract. For example, Tony and Jane have a contract where Tony will pay Jane 100 pounds for her car and delivery. Tong pays the money but Jane fails to offer the car. There has been a breach of contract by Jane since she has failed to deliver the car to Tony. As the conquence of a breach of contract, party who has already fulfilled his part of legal obligation under the contract will have the right to ek the remedies. Here is an example of ca law, Hobbs v London and South Western Rail way Company (1875). Hobbs and his family bought tickets for the train between Wimbledon and Hampton Court travelling at midnight. The train went to the wrong station and they had to get off and walking home for 5 milesrearch可数吗 in the rain without other means of transport available. Hobbs’s wife got a cold and could not help Hobbs in his business for a few days. Hobbs claimed damages for loss to his business. The court awarded a small account of damages to cover inconvenience of walking home as results of the railways breach of contract. Howe
ver, the court didn’t receive the cold and loss on business as a result of breach of contract. fomc
a.From Osman’s ca study, there has been a breach of contract by the shop which Osman bought DVD player from. Since the shop promis guaranteed next day delivery at no extra cost on all purchas. But the DVD player finally arrives two days after Alison’s birthday and the colour is wrong with a large scratch across its surface that made a breach of contract. There should be some appropriate remedies for Osman. First, he can ask for rescission. Since the DVD player was bought as a gift to Alison’s 21st birthday but the delivery didn’t arrive on time which makes Osman fell embarrasd that he couldn’t be able to give birthday gift to his friend. Second, he can ask for reparation becau of the colour of the DVD player delivered is wrong and it has a long Scratch on its surface. He can aske to exchange a new one of the right colour with no scratch. What’s more he can ask for calculation of solatium. The Delay of the delivery of DVD made Osman feels embarrasd and upt of couldn’t give gift to his friend, he could ask additional compensatory amount.
