Dispute Of Contract Case Study

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Recommended: Exclusion clauses in contract

In this assignment, the topic is about dispute of contract between two people (Peter Watt and Thurston Binns). Here I was assign to advice Thurston’s encountering the problems that he faced. The subjects that to be discuss are; Contract, Offer and Acceptance, Partnership & Private Limited Company, Exclusion Clause and Misrepresentation. I’ll be using IRAC method (Issues, Rules, Application and Conclusion) and as well recommendation for supporting Thurston’s. Further information, the deal was agreed by both parties, yet after the concert held the problems arose which does not satisfied Thurston’s. 2. ISSUES The issues were started when the audience unsatisfied with Thurston’s sing (only one third able to hear). Whilst, …show more content…

Byrne (2013) Under the Companies Act, company private limited is a separate legal entity it’s like in the case of Salomon v Salomon & Co Ltd (1897). In the case study, Thurston’s has agree to sign the contract under exclusion clause before it was being incorporated. A statement of novation was established to enhance the contract legality. It was being supported by Pennington (2001) a contract will remain the same even it was incorporated into a limited …show more content…

As they change to Corporate limited, Thurston’s could argue to claim remedies because of separate legal entity as demonstrated in the famous case of Salomon v Salomon & Co Ltd (1897). Pennington (2001) stated that terms for partnership decisions of each partner binding on the others whether knowingly or not. ii) Misrepresentation: Peter’s mentioned that the hall was suitable for an acoustic performance but overall it was misstatement facts which fall under different types of Misrepresentation (Fraudulent, Negligence and Wholly Innocent). According to case study, it will fall under Negligence Misrepresentation as in the case of Esso Petroleum Co Ltd v Mardon (1976) where the claimant are awarded a special duty care and claim for damages. This relate to Peter’s statement which he know right facts and it can proved that a result of opinion will treated as a statement of fact. 5.

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