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(2008, 3300 words)
The paper considers a variety of questions related to business law, i.e. the precedent and statutory interpretation in English law, actionable promises under contract law, damages from breach of contract, the role of the principal in contract law, the duties of directors in company law, the secured vs. floating charges as security under company law, a negligence case study, and the case of the minority shareholder rules.
(2006, 1000 words)
The paper examines the contradiction between the "caveat emptor" principle and law in relation to misrepresentation. The effects of the Misrepresentation Act are discussed; court cases related to misrepresentation are analyzed.
(2006, 2000 words)
The paper examines the case of a dispute over a contract between a private person (client) and KitchenRUS Ltd seeking to establish whether the client in fact received an offer to create legal relations with the company. The Resolution of disputes methods are reviewed with reference to the analyzed case.
(2005, 2200 words)
This paper received the highest mark in the year. It involves advising parties for breach of contract following the purchase of a product from a magazine. It examines the express and implied contract terms, exclusion of liability and the Unfair Contract Terms Act 1977 and relevant European legislation. The essay also considers different rights accrued as a commercial or private contract under the sale of goods Act and a body of relevant case lacto back up each point.
(2006, 2000 words)
In order to determine if there is a valid contract, in relation to sale of goods, there has to be elements which are; agreement; consideration; and intention. The following exploration will consider these three elements and the determination of them and the development of case law. The elements of a valid contract are equally important; however in relation to the sale of goods, certain elements have been considered in depth by the case law therefore in conclusion this examination will consider the elements and this case law and determine the importance of the three elements and the clarification of the three elements within the case law. In the case of Dizzy and Miles the elements of valid agreement are in question, i.e. is there valid offer and acceptance, when is there acceptance, is there a counter offer or is there mere invitation to treat.
(2006, 1000 words)
The paper examines the breach of contract providing definitions of contract, discussing the issues related to the unsatisfactory performance of contractual duties, and identifying the remedies available to the innocent party in the event of the breach of contract.
(2006, 5000 words)
This discussion examines the validity of Consideration in contract law, because of its close relationship with the degrading rule of privity of contract. Consideration's exceptions are a problem because a rule that is continually eroded has resulted in the argument that there are only 2 requirements to a valid contract. Consideration is as tightly connected to privity as legitimacy of privity of contract is called into question and eroded means that consideration is less important. This is because it is privity of contract that is the main validation for the element of consideration. The case of Tweddle v Atkinson is the key case in this area, which basically states that a contract cannot confer benefits or impose obligations on persons that are not privy to the contract, which is supported by the lack of consideration. Yet as the following exploration of this rule in respect to consumer protection will illustrate the need for third parties to the sales of goods to be conferred the right to exchange or refund with respect to defective products. Therefore this brings consideration into question.
(2006, 1000 words)
The paper examines legal approaches to contractual agreement providing definitions of misrepresentation and advising TLC Limited on the remedies against fraudulent misrepresentation by Answer Limited. Related cases are reviewed.
(2006, 2500 words)
The paper addresses the issues of contract law analysing legal cases related to obligations and duties arising from the contract. The validity of the exclusion or limitation clauses is examined discussing the implications of the breach of contract, and the existing remedies for the breach of contract.
(2005, 2700 words)
In this country the law of contract is based on a principal of good faith and its main objective is to promote fairness. As Applebey states this “falls far short of being a general requirement.” Therefore it would be expected that all types of contract are treated in the same manner and each judge should reach the same decision on any legal question. In The Chikuma Lord Bridge noted that both parties should expect the same answer from their advisor so that “neither will be tempted to embark on long and expensive litigation in the belief that victory depends on winning the sympathy of the court.” This implies that judges should impose some restraint to prevent time and money being wasted. It has been argued by Atiyah that we in fact have a law of contracts, rather than a law of contract, this indicates that there is not one unified law that applies in this field but that there many ways that a contract can be interpreted. He would therefore believe that the way in which consumer and non-consumer agreements are analysed in the same manner and this is also my contention. In order to demonstrate this argument the modern role of contract needs to be examined and UCTA and UTCCR will be contrasted.
(2005, 1300 words)
On 2nd September, Astonia plc sends identical letters to three local firms asking if they wish to buy an unused widget-making machine that they have acquired. The letter states “the best offer received by 9.30 am on 10th September will secure the machine.” The following day, Trimex Plc sends a fax saying, “Is it a 5XL model? If so, we will offer £5,000, if not £3,000.” The machine is not a 5XL. Optimus Plc sends a letter offering “£2,500 or £100 more than the best offer you receive under £3,500.” Mintus Plc sends a telex on the evening of 9th September offering £3,500. The offer is received on Atonia’s telex machine at 6pm on 9th September, but not read until 10:30 am on 10th September. This essay advises Astonia Plc and considers whether it is obliged to sell the widget-making machine and, if so, to which company.
(2006, 1000 words)
The paper examines the requirement of consideration in English contract law analysing the court judgement in a case of ABC builders vs. subcontractors. The status of the invitation for tenders is discussed; the analysis of related cases is conducted.
(2006, 1500 words)
The paper studies the uses of contract law in financial services examining the stages of setting up a contract, the meaning of contractual capacity, the disputes in the area of joint accounts, etc. Examples of law cases related to contract changes are discussed.
(2006, 1000 words)
The paper reports on a law case of appeal to the High court analysing the contract of employment and entitlement to the national minimum wage by the claimant. The legal aspects of binding a contract are discussed.
(2006, 1000 words)
The paper examines the legal aspects of contract as a source of obligations focusing on the validity of contracts in English Law. The issue of consideration is addressed discussing the doctrine of consideration with reference to law cases related to contractual duty.
(2006, 2100 words)
This paper comprises three problem questions (scenarios) dealing with the basic issues of contract law at undergraduate level. Namely offer acceptance, consideration and promissory estoppel. In particular, it looks at the facts and the relevant law and then applies the law to the facts and advises the “client”. The questions deal with all the key cases learnt on an undergraduate law degree, from Partridge v Crittenden to the High Trees case on promissory estoppel. The last question is an examination of the various ways that terms can be implied into a contract without being expressly stated namely fact, customary practices, statute and the common law.
(2006, 1500 words)
Not every contract is bilateral, i.e. negotiated between the two parties. Often, contracts are drafted beforehand by one party with the intention that it should applied to all business transactions. These are known as standard terms. The aim of this paper is to analyse three sets of standard terms, from three different types of companies: a food company (Hotel Chocolat), a mobile phone operator (O2) and an IT company (Embossed Internet). It will identify the following types of terms from the set: complaints procedure, cancellation clause, limitation clause, prevailing law clause, force major clause and arbitration clause. It will also determine the extent to which the Unfair Terms Act 1977 and Unfair Terms in Consumer Contracts Regulations 1999 apply to the individual sets of standard terms. Finally, there is a scenario outlining how a contract could come into existence, a dispute between the parties and how the terms of the contract would be relevant in resolving that dispute.
(2006, 2000 words)
This assignment looks at the three essential requirements for forming a valid contract. These are agreement, contractual intention and consideration. The paper looks at these requirements in great detail referring to about 20 cases. The format of the paper is in the form of advice given to three clients in hypothetical situations.
(2006, 2100 words)
This essay looks a contract for the sale of goods concluded over the internet. It deals with the incorporation of an exclusion clause into the contract. It also looks at the validity of exclusion clauses under the unfair contract terms act 1977.
(2005, 1000 words)
The paper investigates the damages of breaching a contract analysing two alternative scenarios and discussing the issues of a fully specified contract.
(2005, 3000 words)
This problem analysis examines the legal implications of contractual issues arising out of common business practice. It explores the relevant stature, cases and academic views to provide a well balanced and highly technical essay. The second part of the essay looks at how legal remedies may solve partnership disputes and the body of law available to the parties in such disputes. Although the essay is written around the factual events of a particular scenario, the response covers much of contract law as well as partnership law for the purposes of law for business.
(2005, 2500 words)
This essay looks at an offer acceptance situation and analyses the formation of contract, offer and acceptance, instantaneous communication, the postal rule and revocation.
(2005, 1000 words)
This is a case review for the first year of a law degree. It reviews the land mark House of Lords decision in Koufos v Czarnikow and examines how the judges came to their decisions.
(2002, 1600 words)
The paper discusses the reasons why the Cost, Insurance and Freight Sale (CIF) is attractive to both sellers and buyers. The essential features of a CIF contract are outlined on the basis of a literature review and examples from case studies. The documentary nature of the c.i.f. international trade is highlighted.
(2005, 1500 words)
This paper has the primary focus of Misrepresentations in contract law. It is split into two parts, the first of which being a break down of the key elements of misrepresentation and the second half applies what has been established to a problem question. The question is complicated and will give you a better understanding of how this area of law operates. The problem question is included along with full references and bibliography.
(2005, 1600 words)
This paper discusses the formation of a contract between our subject, Catherine, and a company who have installed a boiler. It discusses the exclusion of liability from the point of view of all parties.
(2005, 1500 words)
This paper discusses at length the different contracts that our subject, Graham, has formed in relation to other parties. It covers all relevant case law and statutes. It also deals with acceptance, revocation, withdrawal and breach. It is an essential guide for creating your own piece of work.
(2005, 1300 words)
This work defines and outlines requirements that have to be satisfied in order to establish duress or undue influence. All relevant and resent case law is presented and examined to a relative degree; concentrating on some cases where some of the requirements had been clarified making it easier to establish and prove duress or undue influence. Having done so it is concluded that 'legitimacy' is the issue for the court to decide on case by case basis, depending on the facts of each particular case; while in the majority of cases the nature of pressure and persuasion will be illegitimate under doth duress and undue influence.
(2005, 1300 words)
This work defines and outlines requirements that have to be satisfied in order to establish duress or undue influence. All relevant and resent case law is presented and examined to a relative degree; concentrating on some cases where some of the requirements had been clarified making it easier to establish and prove duress or undue influence. Having done so it is concluded that 'legitimacy' is the issue for the court to decide on case by case basis, depending on the facts of each particular case; while in the majority of cases the nature of pressure and persuasion will be illegitimate under doth duress and undue influence.
(2004, 3800 words)
This essay illustrates the recovery of damages for non-pecuniary losses such as disappointment and distress. It outlines the basic rules regarding the recovery of damages under these headings as well as considering to which extent the law of contract is consistent in the award of damages for disappointment and distress.
(2004, 2000 words)
In a recent hearing the House of Lords was presented with the opportunity to clarify the legal rights of the innocent parties affected by a fraudulent hire purchase and subsequent sale of a motor vehicle. For decades many cases of 'mistaken identity', which have involved similar scenarios of rogue trading, have followed the traditional and long-established common law rule of nemo dat quod non habet - i.e. no one can give a better title than he has, which has generally favoured the original owner. Determining whether title was passed from the original owner to the rogue and then to the innocent purchaser is fundamental when considering the application of the nemo dat principle. By law such cases fall into one of two categories: void for mistake or voidable for fraud4. It is, however, by all means not a straight-forward task and it seems that the recent House of Lords decision has not managed shed any new light on how to correctly approach such cases.
(2005, 2000 words)
The paper considers the breach of implied terms in the context of supply of services contracts. It also examines the validity of exemption clauses used as a means of restricting liability where such breaches have occurred. In the first part of this essay, I have looked at the implied term of reasonable care and skill as implemented by section 13 of the Supply of Goods and Services Act 1982. I have also considered the remedies available as a result of such a breach. In the second part of the essay I have considered the validity of the exclusion clause that Jet-Clean have sought to rely upon. I have looked at the common law controls as well as the statutory controls. In doing this, I have examined the rules relating to both the incorporation and interpretation of exclusion clauses, as well as the effect of UCTA on the validity of such clauses.
(2005, 2500 words)
This assignment is a problem question, divided into three parts and deals with various aspects of contract law in the context of an international sale of goods contract. The first section focuses on breach of contract, the right to damages and the issue of liability in relation to a sale of goods contract and carriage of goods by sea. The second part focuses on the issue of enforceability and validity of contractual variation and the requirement of consideration. The third section concludes with an analysis of the legal issues raised by contracting on standard form contracts.
(2005, 2500 words)
The purpose of the first part of this paper is to examine the constitution of a contract. It therefore deals with the issues associated with offer and acceptance. In the first part of this paper, I have examined what constitutes an offer and acceptance. I have also gone on to examine the differences between an acceptance and a counter offer and also an acceptance and a request for further information. These have been used to deal with the issues in the problem question. In the second part of the paper, I have examined the doctrine of privity of contract. I have looked at the position pre Contracts (Rights of Third Parties) Act 1999 and post the Act. I have looked at the requirements that need to be satisfied before the Act can be relied upon. Once again, these have been examined in the context of the problem question.
(2005, 2300 words)
The purpose of this paper is to examine the rights of a buyer to reject goods under a sale of goods contract. In dealing with this question, I will be examining the position of the law relating to the rights of a buyer to reject goods and the circumstances in which the buyer could be taken to have lost their right to reject goods. All these issues will be considered pre and post the amendments made by the Sale and Supply of Goods Act 1994. The rights of a buyer to reject goods have historically been subject to a number of limitations. However the most important limitation on a buyer's right to reject goods is the concept of acceptance of goods. Acceptance of goods within the context of a sale of goods transaction is different from the normal meaning associated with acceptance. Goods will be deemed to have been accepted in three situations. The first of this is by express intimation, secondly, the buyer may also accept good where he does an act inconsistent with the ownership of the seller and finally where the buyer fails to inform the seller of his intention to reject within a reasonable period of time.
(2005, 3000 words)
The paper studies insurance contracts focusing on the risks involved in the concealment of information. Material disclosure and test of materiality are discussed. Illustrations of the protection given to insurers by courts are supplied. The paper concludes that there is an urgent demand for a reform to protect the position of the insured. The recommendations of the National Consumer Council (NNC) on the duty of disclosure are outlined.
(2002, 1100 words)
This essay discusses the claim that the structures of offer and acceptance impose rigidity on the contract formation process and give it a necessary degree of certainty. It looks at the influences of intention and presumptions of law on the offer/acceptance approach to analysing when and if a contract has been formed. It concludes that this approach is sound although it is only readily apparent in a small number of modern-day contracts.
(2004, 1100 words)
This essay discusses the assertion that the implication of a duty of trust and confidence as a term in the contract of employment has the potential to transform the law of employment. It looks at the historical development of the implied term and its modern day scope in the area of constructive dismissal. It concludes that the above claim is likely to become fact due to the surprising overriding nature of the implied duty.
(2003, 1700 words)
Misrepresentation can be defined as a false statement of fact, made pre-contractually by the representor, with a view to inducing the representee to enter into the contract. The statement must have been intended to be acted upon and must actually induce the other party to enter into the contract. The courts have adopted the opinion that the greater the expertise of the representor the more likely the representation will be viewed as being a statement of fact as in the case of Hedley Byrne & Co Ltd v Heller & Partners Ltd [1964] AC 465
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