Common Law
Assignment
On
Common Law
Submitted To: Dr. Simon Palmquist
Word Count: 1,919
Table of Contents
Question 1................................................................................................................ 02
Question 2................................................................................................................ 04
Question 3.................................................................................................................06
Question 4.................................................................................................................08
References.................................................................................................................10
Question: 1
What legal rights does Lisa have against Harold with regard to the 100 dresses?
Answer:
I am asked to advise Lisa in relation to the breach of contract by Harold. I will focus in my discussion bellow that whether the agreement is constituted or not by the offer from Harold and its acceptance by Lisa. Therefore I am assuming that there was an agreement between them and what remedy could be claimed by Lisa if Harold breach of it.
First I need to check is there any valid contract between Lisa and Harold or not? For this I need to consider the elements of a valid contract which are as bellows;
Agreement
Consideration
Intention
Form
Capacity
Legality
I need to check briefly the above mentioned elements.
To create an agreement first element I have to prove that is the offer by Harold is a valid offer or not in terms of contract law.
An offer can be defined as words or conduct which demonstrates an intention by the maker to be bound by the terms stated or inferred upon unqualified acceptance by the person to whom it is addressed [Storer v Manchester City Council (1974)].
And this offer must be communicated to Lisa.
In the fact the name Harold is
On
Common Law
Submitted To: Dr. Simon Palmquist
Word Count: 1,919
Table of Contents
Question 1................................................................................................................ 02
Question 2................................................................................................................ 04
Question 3.................................................................................................................06
Question 4.................................................................................................................08
References.................................................................................................................10
Question: 1
What legal rights does Lisa have against Harold with regard to the 100 dresses?
Answer:
I am asked to advise Lisa in relation to the breach of contract by Harold. I will focus in my discussion bellow that whether the agreement is constituted or not by the offer from Harold and its acceptance by Lisa. Therefore I am assuming that there was an agreement between them and what remedy could be claimed by Lisa if Harold breach of it.
First I need to check is there any valid contract between Lisa and Harold or not? For this I need to consider the elements of a valid contract which are as bellows;
Agreement
Consideration
Intention
Form
Capacity
Legality
I need to check briefly the above mentioned elements.
To create an agreement first element I have to prove that is the offer by Harold is a valid offer or not in terms of contract law.
An offer can be defined as words or conduct which demonstrates an intention by the maker to be bound by the terms stated or inferred upon unqualified acceptance by the person to whom it is addressed [Storer v Manchester City Council (1974)].
And this offer must be communicated to Lisa.
In the fact the name Harold is
References: 2. Denis k. & Sarah R (2007), Business Law 8th edition, ISBN: 978-1-4058-4697-4, Pearson Education Ltd. 3. Rogers W. V. H. Winfield & Jolowicz on Tort (2002)16th edition, Sweet and Maxwell. 10. Munroe (Acrylics) Ltd v London Fire Brigade & Civil Defence Authority (1997) 2 All ER 865 346 11 12. Pit V PHH Asset Management Ltd(1993) 1 WLR 327 222, 236 13