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Free Contract Law Essays
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Misrepresentation - Free Essay
Excerpt: 'The court is free to decide how much is awarded, what is awarded and allowed to be awarded under the established causal connection found by the court. This total discretion gives the court much room to play, and could result in a plethora of outcomes both capable of surprising the claimant and the defendant. However, the court is regulated and the system would not function is certain rules, especially those set in precedence were not followed.'
Contract, Sales and Insolvency Law - Free Essay
Excerpt: 'The question is whether Opulent had no choice but to accept the terms because of the necessity of the finishing date and there was no choice; however the circumstances seem to indicate there was no force or ultimatum given by Donald rather a re-negotiation of the terms due to the unforeseen circumstances of the workers getting ill. Even though there may be some inequality of bargaining power between Donald and Opulent, i.e. the hotel needs to be finished this does not amount to duress in commercial dealings. Therefore it is highly likely that the extra $5000 is an acceptable variation to the contract and Opulent will have to pay because of the standard term in respect to set-off.'
Sale and Supply of Goods Essay - Free Essay
Sale of Goods Act 1979 (as amended by the Sale and Supply of Goods Act 1994) Essay
Excerpt: 'However, section 75 Consumer Credit Act 1974 provides that where a person has paid for goods with a credit card and there has been a breach of contract by the supplier of the goods, they the buyer can sue the credit card company in addition to, or instead of, the supplier of the goods.'
Building Contracts - Free Essay
Right of Set-Off Under Building Contracts
Excerpt: 'The authority laid down by the House of Lord in Gilbert Ash creates a presumption that a building contract does entitle a party to the remedies that would arise by operation of law, including the rights of abatement and set-off. The remedy of set-off under the right specified in Gilbert Ash is only subject to exclusion by way of elimination from the contract in clear unequivocal words as applied in Connaught Restaurants Ltd v Indoor Leisure Ltd [1994](20).'
Good Faith - Free Essay
Excerpt: ' The duty of good faith also exists in the following situations, the mortgagee’s exercise of a power of sale, in relation to the principles of equity governing fiduciaries, undue influence and unconscionable conduct and estoppel, including promissory estoppel and in the duty to refrain from making misrepresentations.'. 2500 words, 1st Class Undergraduate Essay
Joint Contracts Tribunal - Free Essay
Excerpt: 'On general principles of contract law, alteration of a contract once an agreement is struck is problematic. Once offer meets acceptance the contract is perfected and terms cannot be varied without the express and informed consent of the parties to it. Indeed, where such occurs it is not that contractual obligations are altered, but rather that the old contract is dissolved and a new contract, incorporating any revised terms, is struck. ' 1000 words, 2.1 Undergraduate Essay
STILL SEARCHING FOR THE RIGHT ANSWER? CLICK HERE TO ASK OUR LAW EXPERTS! Unfair Contract Terms Act 1977 - Free Essay
Excerpt: This means that these two exclusion clauses cannot be upheld. In respect to the completion of work being late it is questionable, i.e. was there reasonable excuse for delay. Yet it was an express term of the contract and without reasonable excuse this exclusion clause it is possibly not going to be upheld, this is rule from an early common law principle . 1000 words, 2.2 Undergraduate Essay.
Terms of Sale - Free Essay
Excerpt: 'This is qualified and refined by the special test in s.11(4) of the Act which requires the court when considering clauses restricting liability to a specific sum of money to have particular regard to whether the party purporting to restrict might be expected to have the resources available to meet such liability. Again, the availability of insurance cover will be such as to render it unlikely that Shady will be allowed to restrict their liability in the manner attempted.'
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