Gain Immediate access to our Essays
FREE access exchanged for your work, or pay £4.99
Your Status: Logged out
Acumen Legal helps you learn fast, by providing unlimited access to 3,315 essays and coursework documents written by University students.
Register for FREE now by publishing your essays, or pay as little as £4.99 per month
Essays in Contract Law category
-
Do companies have complete freedom to act? Analyse the doctrine of ultra vires and the proposed reforms in the Companies Bill designed to grant companies full capacity.
... to expand by any means possible to achieve the most economically efficient response. The doctrine of ultra vires is widely regarded as a way in which the company law can be responsive to different bodies and constituencies. The doctrine of ...
-
"business law in hong kong" p
... of things. However, it cannot claim loss of profit on losing its contract with the US company. THat loss has not arisen in the normal course of things out of the breach of contract by XY Repairers. Alice Ltd could ...
-
"Everyday Use" by Alice Walker and "A&P" by John Updike, both exhibit a comparable problem concerning acceptance.
... 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 ...
-
"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."
... 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 ...
-
"The courts have insisted that no contract (other than a contract under seal) can be enforceable in the absence of consideration."
... Pollock states: 'An act of forbearance of one party, or the promise thereof, is the price for which the promise of the other is bought, and the promise thus given for value is enforceable1.' For the consideration to be valid ...
-
"The current law of duress and undue influence is so unclear that it creates chaos rather than uncertainty in the law." Discuss.
... negotiations leading up to the contract. So, an inequality of bargaining power between contractual parties, which is exploited by the more dominant party, is a basis on which the law may permit the weaker party to rescind that contract. Duress ...
-
"The current law of duress and undue influence is so unclear that it creates chaos, rather that certainty in the law" Discuss.
... consideration for the variation. Consideration may arise in the form of both parties agreeing to abandon claims under the previous agreement, or that one party has offered some nominal consideration for the variation. The doctrine of consideration has gradually shifted ...
-
"The law in relation to misrepresentation drives a 'coach and four' through the hallowed principle of caveat emptor".
... law that seeks to deal with false (intentionally or otherwise) statements of fact, their severity and the damages that one can seek. Misrepresentation is defined by the 'Oxford Dictionary of Law' as "an untrue statement of fact, made by one ...
-
"The Law in relation to misrepresentation drives a 'coach and four' through the hallowed principle of caveat emptor." Discuss
... that: "the plantiff relied on a combination of words and conduct, and I believe it to be the law that conduct alone can constitute a fraudulent misrepresentation. This has eroded the principle of caveat emptor as it has extended the ...
-
"The law in relation to misrepresentation makes a mockery of the hallowed principle of caveat emptor"
... ways in which the law changed to incorporate aspects of misrepresentation. For example, until the 1960's, misrepresentations were either fraudulent, or innocent. However, now, there are four types of misrepresentations: fraudulent, negligent misstatement, misrepresentations falling under section 2(1) of the ...
-
"The law in relation to misrepresentation makes a mockery of the hallowed principle of caveat emptor", discuss.
... about their products to the consumer. However, others argue that this principle still exists. The interpretation of the law by the judges could show both sides of this argument. There are many ways in which the law changed to ...
-
"The rules on offer and acceptance may have been adequate in the twentieth-century: they are inappropriate for the technologies of the twenty-first". Do you agree? Give your reasons.
... especially in business, however, the consequence of this is that it is often difficult to fit the precise model of the postal rule within the modern day means of communication which is characterised by the influx of electronic means of ...
-
"To see leases as contracts is helpful with respect to the original landlord and tenant but not with respect to third parties." Discuss.
... which the doctrine of repudiatory breach was enforced. Here, a lease was entered into subject to the repairing covenant on behalf of L implied by the Landlord and Tenant Act 19852. The judgement in this case showed that it was ...
-
"Whist ultimately the courts and case law will resolve any dispute which arises, Financial Services and the Financial Services sector have skilfully employed contract law at every opportunity in an endeavour to ensure disputes can be avoided"
... however it is best to get the verbal contract put into writing as soon as possible, helping to have a hard copy of the agreement. It is common for verbal contracts to be made, for example over the phone, and ...
-
'Commercial Law Aspects of Commercial Transactions'
... has the right to the goods s.12 4. All scenario's involve goods. All scenario's involve Corporeal moveable property, and are either sales or agreements to sell which can clearly be seen to be covered by the Sales of Goods Act 1970 ...
-
'English law probably does and certainly should recognise a duty to bargain in good faith.' Discuss.
... understanding of the specific market conditions, might no longer be able to use this information to its own advantage. Another argument against such a principle is that it is difficult to know what exactly it means. Is it for example contrary ...
-
'The classic definition of consideration is that it may consist of some benefit accruing to one party or some detriment suffered by the other. In truth, however, the courts are inconsistent in their approach in identifying a benefit or detriment.
... or responsibility, given, suffered or undertaken by the other." 2 In the traditional doctrine of consideration, as correctly stated in the essay title, there must be benefit accrued from one party and a detriment suffered by the other in order ...
-
'The club will not accept responsibility for any loss suffered by customers', would appear to be, what the dance club would define as, an exclusion clause - Discuss.
... upon the ratio decidendi of Olley v Marlborough Court, Ltd, 1949 where the exclusion clause was not considered to be a part of the relevant contract as 'the plaintiff had not seen it until after she had been accepted as ...
-
'The Contracts (Rights of Third Parties) Act 1999 has replaced one bad rule with another.' Discuss.
... to enforce a contract aiming to benefit them has been subject to considerable criticism. Lord Denning in Beswick v Beswick, Scruttons v Midlands Silicones and Smith & Snipes Hall Farm v River Douglas Catchment Bd criticised the doctrine but his ...
-
'The current law of Duress and Undue influence is so unclear that it creates chaos rather than certainty in the law' Discuss.
... where someone is forced into the contract against their will. The other form of duress is economic duress this is when one party exerts pressure on the other party to change the terms of the contract or renegotiate. However a ...
-
'The law in relation to misrepresentation drives a 'coach and four' through the hallowed principle of caveat emptor'.
... and time-honoured legal principle and so the fact that misrepresentation is given the focus it is today reflects the change from the laissez-faire ideology of the 19th Century towards a more interventionist approach within the courts. The aim of the law ...
-
'The law in relation to misrepresentation drives a coach and four through the hallowed principle of caveat emptor.'
... induces that other to enter into the contract."1 In basic terms this means that a representor cannot make a false statement to induce the representee into the contract. Professor Atyiah notes the move from the old system to the new ...
-
'Williams v Roffey Constitutes a Welcome Liberalisation of the Rules About Consideration.' Discuss.
... that although the plaintiff did not incur a 'legal' detriment, nor did the defendants receive a 'legal' benefit, the plaintiff still provided good consideration as the defendants received practical benefit of the work being completed on time, not having to ...
-
'Within the canon of contract theory that had been discussed in lectures we have identified 3 types of "promise"? What are they? Give an example of each?'
... used to refer to a task to be performed in the future and hence the contract would contemplate future performance by one or more of the parties. The word "promise" can also be used as giving an undertaking / making ...
-
1. A contract is a legally binding agreement between two or more parties. An agreement is formed when there is an offer, and an acceptance of that offer. For the agreement to be legally binding there must be consideration and intention.
... prescribed manner and still caught Influenza a remedy would be available to the in the sum of £100. To show their sincerity they deposited £1000 into a bank account. Mrs Carlill purchased one of the smoke balls, and after using ...