Free Contract Law Essays

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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Excerpt: 'Consumers’ behaviours in the twenty-first century are wholly different to those thirty years ago. With rapid developments in information technology and major economic booms, we are essentially living in a global platform. Consumers are no longer geographically restricted to buy groceries from local towns but are able to buy produce from “the world”. These developments have also created opportunities for rogue traders to take advantage of consumers, so the safeguard relies greatly on contract law.'

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Excerpt: 'In order to advise Sarah, firstly, it needs to be established whether any valid contracts exist between any of the parties involved, and, if so, to determine whether they are bilateral or unilateral contracts? Moreover, if upon establishing that a valid binding contract exists between Sarah and Tom, whether, Sarah has effectively revoked her offer to Tom. Furthermore, Has Tom Legitimately communicated his acceptance to Sarah? Secondly, it needs to be established whether a valid binding contract also exists between Sarah and Dan or, once more, whether Sarah’s offer to Dan has been effectively revoked.'

Read the full Contract Agreement Consideration law essay...

Excerpt: 'I am interested to learn of your problems regarding the contracts with respect to the distribution of your new stapler, and I would be delighted to advise you on the issue. I understand that you telexed wholesalers Bruno and David and enquired whether either was interested in becoming distributors of your product. Both parties responded to your telex and asked for further information. I also recognise you wish to appoint David as a sole distributor of your product. I will clarify what a contract is and what is required to conclude it.'

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Excerpt: 'Initially a agreement is formed between two parties, when some disputes between the parties arises over the agreement, then one or both parties initiates the judicial process. Then the judicial applies the rules of the contract law and gives the result. Though the contract law basically stands on the basics of the agreement of the parties, the result is completely based on the process of judicial application of the contract law.'

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Excerpt: 'Contract is part of every transaction which is intended to create the legal relationship. It is the binding agreement by two or more parties that had enforced by the law. Formation of contract is written at the paper undersigned and agreed by the two responsible persons. A business contract is the agreement that Tan had made in pursuance of ordering to the Billiton Steel. In this case the proper contract signing as well as the terms had been settled but conflict had been made when there nothing had been agreed on the terms of payment of the Tan in his orders. Besides, the financial plan of Tan is not covered about its payment to Billiton Limited.'

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Excerpt: 'The main focus of attention behind the scenario is based around contract law. Questions raised about the formation of the contract and the consequences of the details of this contract. Were both parties bound by a legally enforceable contract, if so were either party in breach of the terms of the contract and what remedies would be available to resolve any issues?'

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Excerpt: 'In order to advise Sarah on recent events it would be necessary to establish whether there is a breach of contract between Sarah and Tom and also a breach of contract between Sarah and Dan. A breach of contract will occur where, without lawful excuse, a party fails or refuses to perform an obligation imposed upon it, under the terms of the contract. It also needs to be determined if Sarah managed to revoke her offer with Tom and whether there has been communication with Dan? Other issues that need clarifying are what is a contract? And what is required to conclude a contract?'

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Excerpt: 'This question relates to 3 contracts. The first contract is between Douglas and Jill, where Douglas contracts with Jill to build a decked area outside the front of his café for £1000. The second contract is between Douglas and Frances, where Douglas contracts with Frances to paint the outside of the café for £500 and replace the front door for £100.'

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Excerpt: 'For a valid contract to exist between two parties or more, it must be shown that there has been an offer, and that the offer has been accepted. In addition, there must be an intention from both parties to create legal relations, and consideration. In commercial agreements such as the agreements between Bertram and Simon, the intention to create legal relations is usually presumed to be present unless there is strong evidence to suggest the contrary; Edwards v Skyways (1964), and the consideration for the parties will be the candle sticks on Simon’s behalf and money on Bertram’s behalf; Currie v Misa (1875).'

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Excerpt: 'The House of Lords' decision in Shogun Finance Ltd v Hudson [2003] UKHL 62 implicitly cautions against the hazards associated with exchange of title in the purchase of second-hand goods. It establishes risk is not mitigated where the contract of sale is induced by virtue of fraudulent misrepresentation. This essay dislikes the overall tone of the dissenting decision which reflects a willingness to overcome doctrines of contract law in such a way as to avoid leaving two essentially duped victims of a fraudster pitted against one another with the result that the most disadvantaged victim is left with no claim. Although the arguments submitted by the dissenting Lords raise questions of fairness and equity, this essay supports the majority decision illustrating overcoming a lack of common sense is not supported by principles of contract law.'

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Excerpt: A classic view of contract law is to establish rules and principles for contractual parties to understand how far their contractual obligations go and where their liability ends. Undoubtedly, fundamental principles of offer and acceptance, consideration, remedy, interpretation of contract and doctrines like promissory estoppel, privity, duress, frustration are all of great importance. However, I view that modern contract law is not restricted to develop new doctrines but have evolved in a macro way – to meet the needs of the contemporary society and form a basis for future expansion.

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Excerpt:According to the Collins English Dictionary, a carrier is a person, thing or organisation employed to carry goods, passengers etc. The term, carrier, has also been defined as the undertaking for reward or otherwise to convey another person or his goods, or both, from one place to another. The contract of carriage for monetary reward constitutes a type of locatio conductio operis, which is a contract for the letting and hiring of services, whereas an agreement of gratuitous carriage will classify the contract as one of deposit. Carriage of goods or persons may be affected by way of road, rail, water or by air, however, for purposes of this assignment, the focal point will be carriage by road and rail (i.e. carriage of goods over land).

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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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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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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

Read the full Joint Contracts Tribunal Essay law essay...

Excerpt: 'Prucilla, the proud owner of an art gallery, agreed that Shady would supply and install a ''first class modern lighting system'' at Prucilla's premises. The particular make/type of system was specified by Prucilla. It was agreed that the work would be completed in the second two weeks of July when Prucilla and his staff took their annual holiday, and prior to the opening of a major exhibtion at the gallery in August.'

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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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Excerpt: '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.'

Read the full Sales Condition Warranty law 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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Excerpt:' The House of Lords’ decision in Shogun Finance Ltd v Hudson [2004] 1 A.C. 919 implicitly cautions against the risks associated with title to the purchase of second-hand goods. The risk is not mitigated where the contract for sale is induced by virtue of fraudulent misrepresentation.

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Excerpt: 'Sean placed a notice in his flat window stating 'Guitar for sale - £300'. On Tuesday whilst walking her dog, Anne's attention was drawn to this notice. The next day Anne walked past Sean’s house again and saw that the notice had been removed. She knocked on Sean’s door and asked him if the guitar was still for sale. He said that it was and Anne proceeded to inspect it. Anne told Sean that she liked the guitar but could not afford more than £250. She also said, 'I will buy the guitar if I can raise the money'.'

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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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