Breach of Contract
Jane has decided to buy a dinner service. A neighbour tells her that a
sister-in-law, Carolyn, is planning to sell her valuable Coalport
service. Jane telephones Carolyn who tells her that the Coalport is a
full service, in immaculate condition and completely original. Jane
inquires whether the Coalport is in 'athlone blue', knowing that this
is particularly valuable. Carolyn replies, "It must be, it's the
proper Coalport blue colour". Jane further inquires whether
replacement Coalport can still be purchased in the event of breakages.
Carolyn tells her, "Well I broke a dinner plate a year or two ago and
had no trouble buying another one". Jane agrees to send Carolyn a
cheque in the sum of £350, on clearance of which Carolyn will dispatch
the Coalport.
Jane receives the service a month later. She is disappointed and angry
to discover that:
the Coalport is deficient in two items, namely one tureen and one
small plate'
there are faint cracks on the underside of the gravy boat;
the Coalport is blue, but not 'athlone blue'; and
this particular dinner service is no longer available, Coalport having
recently been taken over by Wedgwood.
Advise Jane.
Jane requires advice on misrepresentation and also a possible action
for damages in breach of contract.
A misrepresentation is a false statement of fact, made contractually
which is intended to induce the contract and which has that effect.
So, in order to establish if any of Carolyn's statements will
constitute a misrepresentation, it must be examined if they constitute
statements of fact. First of all, with regard to the statement
concernin...
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...statement and conclusion of contract is important (Routledge v McKay
(1954)). Here, there is no gap at all implying it could be a term.
Secondly, the expenses of the parties are important. Obviously, the
seller is expected to know his own goods (Harling v Eddy (1951)), but
if the buyer has expert knowledge, they may be expected to check the
facts (Oscar Chess v Williams (1957)). Additionally, it would depend
if the factor was central to the contract (Bannerman v White (1861);
Schawel v Reade (1913)). However, Carolyn will argue the statements
were never put into writing. If it is decided the statements are
terms, Jane can seek damages for breach of contract.
However, considering the facts and favourable measures of damages
available for misrepresentation, it is submitted that Jane should take
her action in that area.
If a breach of contract is both material and opportunistic, the injured promisee has a claim in restitution to the profit realized by the defaulting promisor as a result of the breach. Liability in restitution with disgorgement of profit is an alternative to liability for contract damages measured by injury to the promisee.
There are also many more case precedence of being allowed to pursue this case, Khanna vs Microdata Corp showed the court siding in the case of the Plaintiff when he was discharged from his company providing no “just cause” thus severing the implied–in-law covenant that was established during the course of his employment. I would also like to point out “Dare v. Montana Petroleum Marketing” in which job security and a right to be treated fairly was assumed to of been had (Breach of an Implied Covenant of Good Faith and Fair Dealing.
" There's a pat of butter on the side of the plate. I tear off a
A Theory of Justice is the magnum opus of 20th century social contract theorist and political philosopher, John Rawls. A bit of background into this work is that social contract theory had fallen out of favor with political scientists and philosophers since the last 18th century, with the success of the American Revolution and the apparent triumph of John Locke and Democracy. However, with the advent of modern globalization, the emergence of America as a superpower, but the growing concern of socio-economic disparity necessitated a revisiting of the social contract, what it means, how societies and governments were best constructed.
It is commonly accepted that an estoppel is a legal doctrine which prevents a person from negating or claiming a fact due to that person’s prior conduct. The doctrine of estoppel has been applied for years and different forms of estoppel have been established. For the purpose of this essay, I will predominantly concentrate on promissory estoppel in relation to the law of contracts. This essay will be approached by discussing the issues of pre-contractual liability, consideration, reliance and the doctrine as a cause of action or defence and a slight comparison of the standpoints that various jurisdictions hold towards these issues. These arguments would conclude the uncertainty of the doctrine and thus, the difficulty and issues that would be faced with the codification of the estoppel.
The issue of abortion is emotionally loaded and this often makes for poor, not thoroughly thought out arguments. The questions: "Is abortion immoral" and "Is abortion a murder" are often confused. The pregnancy (and the resulting foetus) are discussed in terms normally reserved to natural catastrophes (force majeure, in legal lingo). At times, the embryo is compared to cancer: after all, they are both growths, clusters of cells. The difference, of course, is that no one contracts cancer willingly (except, to some extent, smokers --but, then they gamble, not contract). When a woman engages in voluntary sex, does not use contraceptives and gets pregnant - one can say that she signed a contract with her foetus. A contract entails the demonstrated existence of a reasonably (and reasonable) free will. If the fulfilment of the obligations in a contract could be life-threatening - it is fair and safe to assume that no rational free will was involved. No reasonable person would sign or enter such a contract. Judith Jarvis Thomson argued convincingly ("A Defence of Abortion") that pregnancies that are the result of forced sex (rape being a special case) or which are life threatening should or could, morally, be terminated. Using the transactional language : the contract was not entered to willingly or reasonably and, therefore, is null and void. Any actions which are intended to terminate it and to annul its consequences should be legally and morally permissible.
The purpose of this explanatory notes is to provide Quanter Ltd legal aid, in which will advise them on how to deal with situations dealing with the following exemption clause. For example if a previous consumer of the laser war game attempted to sue the company for loss or damage to their personal belongings, these notes should help provide legal assistance for Quanter Ltd to deal with issues such as these. Firstly it is ideal that all Quanter Ltd staff should fully understand what is an exemption clause? And what is the purpose of it in order to avoid the possibility to be sued.
Contract Law Viv Windsor bought a local shop and a computer, Anxious to please the locals, put an advert in the local news paper on a Saturday, stating that she would sell luxury chocolate shortbread for £2.50 instead of the recommended retail price of £5. She also stated that anyone wanting the shortbread should email her or come to the shop. Eric pollard, the appellant saw the email at 4.30pm on Saturday and sent her email on the same day. She realised that evening that she was making lose so she decided to revoke the advert.
There are many Ohio Revised Codes that govern different aspects of unconscionable contracts. Some are as general as ORC 1302.15 that explains that a court can void a contract if it finds it to be unconscionable, or it is able to void only the parts it finds to be unconscionable (LAWriter, ORC 1302.15). There are more detailed Codes that address certain types of businesses and what is considered unconscionable in their specific trade. An example is the ORC 1345.031 that has to do with providing a residential mortgage. It dictates what the supplier of the mortgage cannot do with regard to a consumer that is attempting to acquire or already acquired loan on a residential mortgage (LAWriter, ORC 1345.031).
In my PYE contract, I included the following provisions, offer, acceptance, consideration, modifications, covenant, notice, non-compete, exculpatory, third party beneficiaries, breach of contract, exculpatory clause, and condition precedent
Explain why it is important to have an intention to create legal relations when making a contract and why is consideration of the parties to the agreement necessary-:
Breach of contracts can have serious damages for businesses. An expected service or agreement that is no longer met or kept impacts everyone involved. A breach of contract can reduce earnings while also potentially harming future profits. It also puts a company’s value at risk if they cannot meet demands for products or meet deadlines. There are often damages that result from contract claims and breaches. Claims are made by both parties involved to argue over projected lost revenues, sales impacts, lost value, and added costs resulting from the breach. Damages estimates are made using historical information and projections to support a plaintiff’s claim that financial damages are a result of the contract violation. The list of possible damages that in a damage estimate include: lost sales and profits, lost value, and extra costs.
Discharge of a Contract There are four ways in which a contract may be discharged. Ø Agreement. Ø Performance. Ø Frustration.
Counts VI, VII, and VIII, which each allege breach-of-contract and conversion theories of relief, should be dismissed pursuant to section 2-619(a)(9) of the Code.