Tutorial 8 1. The contract provides that for every day of delay in completion of a commercial building‚ damages of $1000 are payable. The completion is delayed by 20 days due to the fault of the contractor. How much can the innocent party claim if the actual loss suffered is $22‚000? Do you think generally‚ it is wise for a business to always have a liquidated damages clause? 2. At Your Service Pte Ltd is a big company which provides various travel related services‚ including overseas tour
Premium Breach of contract Contract law Judicial remedies
existence of contract entitled Albert to claim for a breach of contract from Charlie with four elements of contract to be established here: that the offer been made by Albert and has been accepted by Charlie‚ that parties intend to create legal relationship and that the consideration was provided. The issue here is to determine if a reasonable person would consider offer had been made. An offer may be described as the indication of one person to another of his willingness to contract on specified
Premium Contract Contract law
‘legitimate expectations’ of the shareholder; see‚ for example‚ Re A Company (No 002567 of 1982) (1983)‚ the wine bar case mentioned above‚ and Re Saul Harrison & Sons plc (1995). In the latter case‚ Hoffman LJ accepted‚ however‚ that there are cases where the memorandum and articles do not represent the understandings upon which the shareholders are associated and‚ in such cases‚ it may be unfair applying equitable considerations to a shareholder for those who control a company to exercise the
Premium Contract Breach of contract Contract law
judges were to make law then they would be contradicting this doctrine. The legislative supremacy disqualifies the courts power to review the validity of legislation‚ refer to British Railway Board v Pickin . The objective of judges is to not make law but simply declare what the law had always been. Acts of Parliament are the highest form of authority and the courts hands are tied by it. But through the doctrine of precedent‚ the judicial function of declaring and applying the law has a ‘quasi-legislative
Premium Common law Law Appeal
judge-made law‚ for the judges do not make the law‚ though they frequently have to apply existing law to circumstances as to which it has not previously been authoritatively laid down that such law is applicable.” Generally‚ the position judges adopted is to interpret the law instead of concerning with the justice of their decisions. In modern tie‚ there is still existence of powerful ideology that denies any creative role to judges. The popular view of the judges is not to give the judge a law-making
Free Common law Precedent Stare decisis
the Law of Contract the phrase “mistake” & “Misrepresentation” is applied when one or both parties of a contract act under a false or mistaken understanding. Mistake can be defined by Pendleton ‚ Vickery (1998)‚ [1] as; ➢ A misunderstanding regarding a fact‚ causing one or more parties to hold disagreeing beliefs about the foundation of a contract. Mistakes can be made in the form of a contracts subject matter or as a mistake of identity. There are 3 different types of mistake in Contract Law
Premium Contract Contract law Law
Was the Contract between Joel King and Barber bilateral or unilateral? The basic premise of determining whether a contract is either bilateral or unilateral is a consideration‚ which implies a legally binding action for the accomplishment of an agreement. In addition to consideration‚ the promise to execute a contract must involve either one of the parties making offers and the other consenting. Moreover‚ for an agreement to be considered valid in any court of law‚ it must legitimate‚ mutually beneficial
Premium Contract Contract law Common law
Jeremy. The contract between Widgets plc and Crankit is a contract for service‚ under the SGSA 1982; this means that it applies to contracts for work and materials‚ also if the service done was careless. a) When carrying out the first annual service‚ Crankit fits a new fuel pump. This malfunctions 24 hours later‚ causing an explosion. Injuries result to Jeremy‚ who lives next door to the factory and the explosion also causes business interruption for 3 weeks. Contract of works and
Premium Contract Breach of contract Contract law
introduce the origins of contract law in business law. Secondly‚ briefing the basic requirement of the formation of a contract such as offer because to understand an offer is the first step in the formation of a contract. As well‚ states others formation of the contract: an intention of the parties‚ acceptance‚ legality‚ capacity and consideration roughly. The supporting example of cases will be given. Furthermore‚ I will explain how to determine the formation of a contract (conditional acceptance
Premium Contract Contract law Sale of Goods Act 1979
A breach of a contract is a failure to perform it. True A court may depart from a precedent if the precedent is no longer valid. TRUE A decision on a given issue by a court is not binding on an inferior court. False A defendant is a person against whom a lawsuit is brought. TRUE A federal statute regulates an employment practice. To resolve a dispute concerning the practice‚ Paula‚ a judge‚ will most likely apply the statute. A state constitution is supreme within the state’s borders
Premium Contract Law Common law