NOTTINGHAM LAW SCHOOL LL.B 2012-2013 LL.B – DISTANCE LEARNING COURSEWORK PROFORMA Please complete and submit this form as the first page of every coursework otherwise your coursework will not be accepted. |Student Number: |Tutor: | |Mark Awarded: | |(As shown on your student card) | | | | |N0455569 | | | | Subject:Law of Contract……………………… Coursework Number: Two Date of Submission: 6th January, 2013 • This form MUST be attached …show more content…
Tech Ltd hired extra electricians and worked longer hours to complete the installation as agreed on 20th December. Keith also entered into a contract with Office Ltd who agreed to supply twenty flipcharts for the conference. The contract price was £1,000 and the flipcharts were delivered on 21st December. On 22nd December, one of Keith's employees fell ill and was unable to hand out welcome packs to the delegates. Keith approached his friend Simon, who often helped out at conferences, and asked whether he would step in and hand out the welcome packs. Simon agreed and handed out the materials. The next day Keith promised to pay Simon £50 for his trouble. The Christmas conference period was not as lucrative as Keith had anticipated and as a result was unable to pay Office Ltd the full £1,000. Office Ltd, who were also in financial difficulties, agreed to accept payment of £750 in full settlement. Office Ltd are now seeking to recover the outstanding £250 owed by Keith. Keith is also refusing to pay the extra £2,000 promised to Tech Ltd and Simon is also seeking to recover the £50 promised by Keith. Advise Keith. Although all connected by the e-learning conference, the contracts made by Keith with Tech Ltd and with Office Ltd, and the agreement he made with Simon should legally be seen as three distinct and separate issues. For that reason, I will consider them here in turn. Keith v Tech Ltd The issue here is whether Keith should
Most time, acceptance would be made in clear and loud matters, such as saying “Yes, I accept.” But silence would constitute acceptance of an offer where the common-law and statutory law allows. Supreme Court of Nebraska has confirmed in Joseph Heiting and Sons v. Jacks Bean Co that acceptance may be established by silence or inaction of an offeree and acceptance occurs when the buyer/offeree “does any act inconsistent with the seller/offeror’s ownership...” Neb. U.C.C. section 2-606(1)(c). In Joseph Heiting and Sons v. Jacks Bean Co, 463 N.W.2d 817, 236 Neb. 765 (Neb.,1990), Heiting (Plaintiff) offered to sell its beans at the posted price on September 30, 1987, but was never informed of acceptance or rejection of the offer. Heiting and Jacks
When Jack proposes to Ken to part payment of debt, ' he is asking to pay £2,000 less to Ken, for the same job. Ken gains no legal benefit if he promises but he does gain practical benefit since he would not have to take Jack to court, and run the
A contract is defined as, “a legally enforceable exchange of promises or an exchange of a promise for an act that assures that parties to the agreement that their promises will be enforceable (Kubasek 2015).” Contracts are essential for businesses to conduct business with one another. Before delving too far into the Muscadine grape case, it is also important to note that a sale is the, “passing of title to goods from buyer to seller for a price (Kubasek 2015)” and that a good is considered, “tangible personal property (Kubasek 2015).” Muscadine grapes and their by-products are the goods in question. When considering any legal case it is important to first consider the facts and the issues that are being considered.
-the reasoning: the letter agreement left the point of delivery up to future negotiation and was not specific to all essential terms. The letter was unenforceable agreement to agree and there was no contract.
In Austral Standard Cables Pty Ltd v Walker, the court found that if the purchaser had not stated that they would not complete due to financial difficultly prior to the settlement, the vendor would be ready, able and willing to complete. Therefore the vendor’s failure to
In this assignment I will be giving advice to Rick’s girlfriend on whether she has a legal right to return the laptop that Rick bought for her. I will be analysing whether a valid contract was formed and who it was formed with.
?As a general rule, parents are not liable for the contracts entered into by their minor children? (Kubasek et al., 2016, p. 226). Cercel and Scurtu advised civil law regulates that there is "limited legal capacity of minors between 14 and 18 years of age" given the assumed insufficient psychological magnitude to exercise legal rights (Cercel, S., & Scurtu, S., 2015). Despite the fact that my son was turning 18 soon and irrespective of Marshall?s awareness to my son?s age, my son was only 17 and was not authorized to act on my behalf.
Students have been shown in class on how to solve a law problem assignment – ie,
The previous money was banked by his appointee and was not an overdraft like this one. Gareth has a great tendency of gambling if he gets money on his bank. Knowing the charges and the interest follows an overdraft, the staff communicated with Teresa Neal (support living manager) and his social care coordinator (Alex) to sort out and mitigate the charges before it builds up to a substantial
Independent sales representatives work to put together profitable sales deals for manufacturers who often don’t have the time or desire to develop relationships for the sale of their products. Sales and manufacturing are often two different mindsets. Manufacturers often rely on independent sales representatives for this part of the process. Paying the sales commission is part of doing business until the manufacturer decides to lower his cost by selling directly to the customer. Once the relationship is built, the money that was paying the sales commission can be saved or invested elsewhere. “A bad economy only increases the cost cutting measures by manufacturers. However, when cost cutting measures involve breaching a prior agreement
SM Project Developments seek liquidation in February 2013, which require series of steps to be taken including the appointment of liquidator, the meeting of secured and unsecured creditors, the withdraw of director qualification and the deregister of the company number by ASIC. The steps, guidance and policies for insolvent company is part of corporation law. (ASIC 2014)
according to American laws, a contract must have terms that do not only certify an agreement between two parties but can be used to prove its legality some elements that are involved in the contract include offer and acceptance which are the two major elements of any contract between two parties. Central to the formation of a contract is an offer which is accepted by the other party involved in the contract or agreement and in most cases, a price may be paid to make the contract legal. According to the United States contract law, the price payable in a contract agreement can be a free will of the parties involved in the contract without
Contract Law Case Study Both the parties in the question have come to a problematic situation
Introduction: In this assignment I will go over a few legal terms in relation to contract law. I will also talk about a few precedents that help explain the law.
1. For the following types of undertakings, which contract modes are most appropriate? Be prepared to explain the rationale behind your choice.