Damages Damages are normally an award of money. Goal: to put the parties into the position they would have occupied had the contract been performed. For example‚ I offer you a car for £100. You accept. I take back my offer and refuse to sell you the car. You buy a comparable car from someone else and must pay £150 for a comparable car. You may sue me and the court may award you £50 in damages. The court does so to put you back into the financial position you would have had if I had kept to our
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Is Hoselton correct? No‚ the buyer is given the opportunity to inspect the goods. If problems arise over “in accordance with the contract” usage of trade‚ the course of dealing and performance and general circumstances must be given consideration to help determine the meaning of these words (UCC 2-302). If the goods or the delivery fails to conform to the contract‚ there is no duty on the part of the buyer to accept or pay. 6) Under what circumstances will Saxby not be able to recover the price
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In English law if other than the promisee provide consideration‚ then the promise could not be enforce by the law. This problem usually may arise when third party involve. For example in the case of Price v Easton (1833)‚ In this case X are doing work for Easton and Easton make a contract with X. In return for X services Easton would pay a price of $19 to Price. The work was done by X but Easton didn’t make any payment to Price and Price sue Easton. Court held that Price claim failed as he didn’t
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RESEARCH ESSAY Cases under the law of mistake can be divided into common‚ mutual and unilateral mistake; however this discussion is based on unilateral mistake‚ as Stephen Graw said: “Operative unilateral mistake occurs when only one party in the contract is mistaken‚ the other party is or should be aware of that mistake and yet he purports to proceed with the agreement anyway.” Cases under unilateral mistake can be divided into three categories: Firstly mistaken identity‚ secondly mistake as to
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Unit 5 This report will examine the contract between Millie‚ the seller‚ and Frank‚ the purchaser and the possibility of breach of contract. Impossibility of Performance There are times when someone has good intentions when agreeing to a contract but circumstances beyond their control occur. The impossibility of performance is such an instance. The Impossibility of performance is broken into three types of situations that may make it possible to discharge contractual obligations. Impossibility
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International Trade Law Assignment 2 Jesse Cooper‚ 21476608 Part A: On the face of it‚ or prima facie there are three issues that are raised in this case. Firstly‚ the jeans were delivered late; secondly‚ the jeans were mouldy and stained; and finally‚ an incorrect number of jeans were delivered. In order to determine the rights and obligations of Punked Jeans‚ and which remedies could be availble‚ there are a number of steps to be taken. What are the governing laws of the case? The governing
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Q 1: Case: 1. Under the contract act‚ 1872‚ advise Rashid whether he is entitled to the profit made on the local sale of 100 tons of sugar. According to act 1872‚ Rashid is entitled to the profit made on the local sale of 100 tons of sugar because Ali is the manager of Rashid’s business and he is making deal with dsl on the behalf of Rashid. As Ali is the agent of Rashid and According to agent theory “agent cannot make a secrete profit”. Q 2: What are the essentials of valid contract? Explain each
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General Intro to Law Essay Outline Summary of the Case: -The Roffey brothers agreed to a contract with Shepherds Bush Housing Association stating they were going to renovate 27 flats in Twynholm Mansions in London. -The Roffey brothers subcontracted the carpentry to Lester Williams for £20‚000 which included a payment plan. -Part of the job was done. £16‚200 was paid. -Lester Williams ran into financial difficulty. The price was too low. -Now the Roffey Brothers were in trouble because
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LAW OF CONTRACT The doctrine of privity prevented a third party from enforcing a benefit in a contract made between other parties. This position has clearly been altered by the enactment of the Contract (Rights of Third Parties) Act 1999. Today‚ third parties are no longer denied the ability to enforce benefits conferred upon them by a contract between two or more parties. 1. Examine the doctrine of privity and the problems that it faced‚ 2. Discuss the changes brought about by the development
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Business Law assignment In early 2013‚ Beauty- a property developer and Stylish- their customer have a contract over a new house in the eastern sector of Singapore. The house was completed in late 2013. Stylish isn’t happy with the contract because blinds‚ curtains and other window coverings were not provided in the new house. In this research paper‚ we will advise and discuss about Stylish’s contractual rights in relation to the window coverings. Firstly‚ we need to see if this contract is valid
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