Xander and Yolanda Case Study

2147 Words5 Pages
bulb-icon

Recommended: Conflict and Conflict Management

The problem question arose with one way traffic system where Xander lives, he probably can cut down 15 minutes from his time to drive to his work but rather he approached Yolanda to enter into a consideration agreement to let him drive his car from Yolanda’s back yard for an annual payment. An agreement should have full intention to create legal relationship with two parties. Same like (Balfour v Balfour 1919) Mr. Balfour was an engineer in Cylon and his wife was living with him that time. Both of them came to spend some time in England during Mr. Balfour’s holidays. Mrs. Balfour’s health was not ok and her doctor advised her to stay in England. Mr. Balfour promised her to pay her monthly payments. After some time Mr. Balfour stopped sending her payment and Mrs. Balfour sued him for not paying her the promised monthly payment. Judgments held that “there was no intention to effect legal relations.”(A. Burrows.2013). Majority of judges said that it was not a contract between husband and wife which should enforce the husband to pay his wife the monthly payment. Even in the above case Xander offered Yolanda a consideration amount for me consideration is all about equal benefit between two parties. (Williams v Roffey 1990), Building contracts entered into an agreement with Shepherd bush housing association to refurbish some of their flats. Both the parties agreed to the amount which agreed to pay to the claimant but after 6 months or so the claimant realized that the promised price was not sufficient for them to complete the carpentry work within the mentioned time. The claimant asked the defendant to pay them extra money to finish the work with the time scale and the defendant agreed to pay them. After couple of weeks the claimant d... ... middle of paper ... ...foreseeable. And the very last advice that Xander can claim for remoteness of damage in their contract. But he should be aware that he needs to make it clear that the damage was not too remote. If he thinks that by remoteness he can sue Yolanda, he should have the full knowledge about the causation which is in remoteness itself. Here causation is what comes out from one party’s negligent act to the other party in any sort of contract. And legally if Yolanda found out to be guilty she needs to compensate Xander for any kind of damage within their contract. There are many ways for Xander to choose which way he can go legally to sue Yolanda or to make the contract void, or he can sit aside from his contract by saying the whole contract was frustrated or mistake. Or simply he can sue Yolanda for breach of contract which is way easier and reliable in contract law.

Show More
Related

  • Summary Of Contracts: Neurological Associates Vs. Blackwell

    1354 Words  | 3 Pages

    Defining Issue: In order to make an agreement binding one element that must be used is consideration. Without consideration an agreement may not be enforceable, even if there has been an offer and acceptance. What a promiser demands and receives is the price for the promise, which is consideration. A person who makes the promise is called the promisor, while the person to whom the promise is made to is called the promisee. However, the promisor is not entitled to consideration.

    Read More

  • Digna And Cecelia Case Study

    721 Words  | 2 Pages

    Maria had spoken with Eva over the phone concerning the correct total amount of $60,000 for rendering decorating services provided by Eva. Maria had sent a letter of the telephone conversation stating that Eva agreed to take $60,000 in full satisfaction obligation under the contract. Although Eva, changed her mind when depositing the check in the bank, she legally entered a mutual agreement over the telephone where it resulted in a unliquidated debt, payment is lower than actual.

    Read More

  • Xerxes Company Case Study

    1017 Words  | 3 Pages

    Debbie owed Carlos $50,000 on a contract for the purchase of 200 air conditioners on credit, the terms of payment stating “Payment due 60 days after delivery.” Delivery was made on January 2. On March 10, Debbie met Carlos and told him, “I’m sorry I missed out on paying you what I owe you. Collections have been slow. If you give me until May 1, I’ll pay you what I owe plus interest at 9%.” Carlos said, “O.K. I’ll give you until May 1.” On March 15, Carlos changed his mind and sued Debbie for $50,000. Debbie contends that the debt is not due until May

    Read More

  • Yerkey V Jones Case Study

    933 Words  | 2 Pages

    Jones was party to the contract and mortgage together with Mrs Jones as surety for her husband, even though Mrs Jones was the actual owner of the property. This produced a legal consequence as it affected the appellants with a conduct on the part of the husband in relation to his wife which raised equities in her favour against the indication of a mortgage. The husband exercised undue influence on Mrs Jones to procure her signature to the mortgage which consisted of no consideration. The plaintiff brought proceedings against the defendant upon a contract to pay interest and principal contained in the mortgage over the property at Walkerville owned by Mrs Jones. It was understood that Mrs Jones executed the mortgage without understanding the effect of the contract and presumed various false misrepresentations. She argued that the mortgage which she s...

    Read More

  • flegg

    965 Words  | 2 Pages

    The decision of the House of Lords in City of London Building Society v Flegg marks a key stage in how the balance is drawn between occupiers and creditors in priority disputes; the seeds of which were originally planted in the Law of Property Act 1925. It posed a serious challenge to the conventional understanding of overreaching and the machinery of conveyancing.Ref ?

    Read More

  • Misrepresentation in Business Contracts: Yost v. Rieve Enterprises

    720 Words  | 2 Pages

    In the case or Yost v. Rieve Enterprises, Inc. Rieve Enterprises engages into a contract with Mr. Yost for a lease to purchase deal. The facts of the case are that Rieve visited the Red Barn Barbecue Restaurant with the intention of purchasing. Rieve and Mr. Yost entered into a contract after Rieve conducted a visual inspection of the premises. The deal was to include a five year lease with the option to buy the land and building. Prior to the sale, the Red Barn had been cited for numerous health code violations. Mr. Yost had these all corrected and disclosed this information. Mr. Yost then warranted that “the premises will pass all inspections” to conduct business. Shortly after Rieve Enterprises

    Read More

  • State of Good Faith in English Contract Law

    2595 Words  | 6 Pages

    Having evaluated the current state of English contract law, mainly made up of piecemeal solutions, it can be seen that despite being satisfactory and doing its job, there still remain gaps within the law of contract where unfairness is not dealt with. Moreover, due to the ad hoc nature of those piecemeal solutions, the latter have often produced inconsistent justice and have manifested cases of unfairness. Hence, “a relatively small number of respected Justices have endeavored to draw attention to the fact that the application of a general principle might be useful and even necessary in English law.”

    Read More

  • Mini Trial Case Study

    732 Words  | 2 Pages

    The construction site was in a downtown area of a large southeastern city, criss-crossed with city streets, utilities, and immediately adjacent to mid-rise and high rise buildings. Nearly all of the work was required to be constructed within temporary piling structures to limit settlement of adjacent structures. The construction contract called for seven phase releases of work areas and nine completion milestones, each milestone has its own liquidated damages penalty. The construction contract was valued at $10 million, and the duration was 545 calendar days. Following the completion of the work, the contractor filed a claim for $5.5 million and 1.1 million in interest. The authority subsequently denied the claim and the contractor, in accordance with the contract, filed an arbitration demand with the American Arbitration Association. Following the contractor’s issuance of the demand letter, the parties agreed to resolve the dispute through negotiation” (Ray,

    Read More

  • Pure Economic Loss Case Study

    1626 Words  | 4 Pages

    What occurred in this case was that in a new build factory there had been inoperative flooring set and the claimants in this case lost money due to the flooring having to be reset again. In this case the claimants were in contract with the builders who laid the floor but decided not to sue them but to sue the sub contractors for their negligence because they were present when the builders and claimants were at meetings when discussing the flooring. Similarly, to the case Anns v Merton London Borough Council [1978] the court allowed the claimants to sue the defendants for their financial

    Read More

  • The Role of Consideration in the English Law of Contract

    2235 Words  | 5 Pages

    The most authoritative definition of consideration stems from Currie v Misa in which the judgement of Lord Justice Lush defines consideration as “some right, interest, profit or benefit accruing to the one party, or some forbearance, detriment, loss or responsibility given, suffered or undertaken by the other.” Consideration is therefore, in essence, the price for which a promise is bought. Normally, a promise cannot be contractually binding unless it is supported by some form of consideration and there are numerous rules surrounding it’s successful operation. These include: consideration must move from the promisee, consideration must not be past and consideration must be sufficient but need not be adequate.

    Read More

  • Promissory Estoppel Case Study

    1976 Words  | 4 Pages

    Consistently, House of Lords held that ‘tenants was entitled to equitable relief against forfeiture of the lease on the ground that the running of the six-month period was suspended during negotiations.’ Nevertheless, House of Lords refused to accept the argument, as ‘it was unsupported by consideration therefore, arguably unenforceable.’

    Read More

  • Sue Smasher: A Tennis player and Her Contract issue

    824 Words  | 2 Pages

    Q.      Sue Smasher was a promising young tennis player. In July 1991, when she was 16, she entered into the separate agreements, both of which were to run until July 1993. No. 1, with Lew Lobb, a noted tennis coach whereby he undertook to organize her training and decide which tournaments she should play in. In return, Sue agreed to act on Lew’s advice and pay him 20% of her winnings from tournaments. No. 2, with Drive Power Ltd, whereby Sue promised to use their sports equipment in return for Drive Power paying all her travel expenses.

    Read More

  • The Doctrine of Frustration

    951 Words  | 2 Pages

    In Krell v. Henry {1903} a plea of frustration succeeded because the court held that the common purpose for which the contact was entered into, could no longer be carried out. But in the same year for similar set of facts, the Court of Appeal decided in Herne Bay v. Hutton [1903] that the contract had not been frustrated because the "common formation of the contract" had not changed. It clearly was a policy decision which shows the reluctance of the courts to provide an escape route for a party for whom the contract ha...

    Read More

  • Valid Contract Case Study

    796 Words  | 2 Pages

    Consideration is an aspect of the concept of mutuality underlying the law contract, and it is each party in contract bargains with and gives in exchange for return promise or performance of other party. In this case the consideration is an executory and the price $1,900 is has a legal value so the consideration is sufficient and the original price that Tony would like to sale is $1,900 and Emma received this price so the consideration is adequate. Therefore, there is a valid

    Read More

  • “Past consideration is no consideration”

    1509 Words  | 4 Pages

    In English Law consideration is one of the three main areas of an enforceable contract. It may be defined as an act, forbearance or promise made by a single party that constitutes the price for which the promise of another, is bought. In simple terms, the basic understanding of consideration may be seen as a ‘give and take’ tactic between two parties.

    Read More

More about Xander and Yolanda Case Study

Open Document