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Misrepresentation - Free Essay

'The rules the courts have developed to decide the level of damages to be awarded for breach of contract are arbitrary and no consistent principle can be discerned from the decisions made by the courts.' Discuss.

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.'

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Contract, Sales and Insolvency Law - Free Essay

Discuss. It is not in dispute that the failure to construct the swimming pool to the contractual specification qualifies as "defective installation" within the meaning of clause 4 of the contract.

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.'

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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.'

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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).'

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Good Faith - Free Essay

"the governing principle ... applicable to all contracts and dealings ". This statement was made by Lord Mansfield in 1766 and was an (unsuccessful) attempt to raise good faith to the level of a general principle, the common law as it subsequently developed rejected his initiative. The traditional law of contract, as it became established in England in the second half of the nineteenth century, did not impose or recognise a general duty of good faith

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

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Joint Contracts Tribunal - Free Essay

"The works to be carried out under a contract based on the Joint Contracts Tribunal SFBC 1998 are described in the contract documents, and under Article 1 of the contract the contractor is obliged to carry out and complete those works. In return the employer pays the contractor the contract sum stated in Article 2" Discuss the extent to which this statement adequately describes the position under the Joint Contracts Tribunal SFBC 98, and the provisions in the contract for the employer to alter the work that the contractor is required to perform under the contract.

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

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Unfair Contract Terms Act 1977 - Free Essay

[...]Advise Gillian as to all possible legal claims which she may have against Richard and in particular, whether or not Richard will be able to rely upon any of the three clauses (above) in the light of both the common law and the Unfair Contract Terms Act 1977.

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.

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Terms of Sale - Free Essay

Prucilla v. Shady Electricians: It is necessary first to examine the formation of the contract and the terms which therefore became incorporated in it

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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