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A Level Law (Contract) Assignment 5 - Terms

 

Task

You will be set one of the following questions:

 

1. To what extent are terms likely to be incorporated into a contract if they were not discussed by the parties at the time of formation?

(Q5 June 2001)

or

2. 'There are situations when a party to a contract needs to be certain whether their actions will give the other party the right to repudiate the contract.'

To what extent does the distinction which the law makes between the different categories of contractual terms meet this need for certainty?

(Q3 June 2000)

or

3. 'The initial distinction between a condition and a warranty is now of little significance in the light of the courts' increasing recognition of the innominate term.'

Is this a valid assessment of the types of terms found within a contract?

(Q3 June 1998)

or

4. Quentin buys a second-hand caravan from Romany Ltd which is described as 'in excellent condition, ideal for all year round family holidays'. After delivery of the caravan, Quentin discovers that there are scratch marks along the side of the caravan body and that the water supply does not function. In addition, when he uses the caravan for a holiday in Scotland, he and his family are cold and it is found that the insulation is inadequate, making the caravan unsuitable for winter use.

At the end of his holiday, Quentin also buys a second-hand television for use in the caravan from a fellow holiday maker, Sharina. Quentin purchases this on the basis of Sharina's assurance that it is reliable and provides a very clear picture. However, on returning home, he finds that the picture becomes blurred after about one hour of use. Quentin attempts to return the television to Sharina the following year when they meet again at another caravan site.

Advise Quentin of any remedies he may have in relation to the caravan and the television, both in misrepresentation and under statute law.

(Q7 June 1998)

or

5. To what extent does the use of the innominate term enable the courts to strike a balance between fairness and certainty?

(Q5 June 1996)

or

6. Is it correct to say that the importance of an express contractual term will always be determined by reference to the intentions of the contracting parties?

(Q2 June 1994)

or

7. Bruce is the tenant of a flat which he rents from the local council. The flat is one of twenty in a block of flats all of which are owned by the council. The handrail on the stairs to the flats is broken and dangerous and the lighting on the stairs is frequently out of order. Despite many requests from the tenants the council refuses to repair the handrail or the lighting, claiming that there is nothing in the tenancy agreements which makes the council responsible for maintaining the public areas of the flats. The tenants decide to withhold payment of their rent until the repairs are carried out. The council is now seeking to remove Bruce from his flat for non-payment of his rent.

In an attempt to improve the appearance of the flats, Bruce decides to paint the outside walls. He buys a ladder from DIY Suppliers Ltd after the shop assistant had assured him that it was suitable for such work. However the ladder is too short and, in reaching to paint the top of the wall, Bruce slips off the ladder and breaks his leg when he falls to the ground. Bruce wishes to recover damages for his injury.

Advise Bruce on both these issues.

(Q8 June 1994)

or

8. 'The essential flexibility, or fatal uncertainty, of innominate terms stems from the fact that it is not possible to predict before the time of the breach what the legal effect of the breach of such a term will be.' (Downes)

Does the recognition of innominate terms introduce an unacceptable level of uncertainty into the law?

(Q3 June 1993)

or

9. Sludge Ltd is a company which disposes of chemical waste. It has a contract with Nuke Products plc, clause four of which states, 'It shall be a condition of this agreement that Sludge Ltd will visit the premises of Nuke Products plc once a week to collect and dispose of the waste material from the chemical factory'. After three months Sludge Ltd is unable to visit the premises on one occasion because most of its drivers are ill with 'flu. The following week Nuke Products discovers that the waste, which had been collected by Sludge Ltd on previous occasions, had been transported in a vehicle which did not comply with safety provisions of the regulating statute. Nuke Products now wishes to repudiate the contract and it has also refused to pay Sludge Ltd for the work which it has carried out during the past three months.

Advise Sludge Ltd of its legal position.

(Q8 June 1992)

 

Guidance

My students should see me in the Law workshop or email me if help is required with this assignment.

 

Set: [date]

Due: [date]

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