has been criticised where ‘a valuable consideration‚ in the sense of the law‚ may consist either in some right‚ interest profit or benefit accruing to the one party or some forbearance‚ detriment‚ loss or responsibility‚ given‚ suffered or undertaken by the other’. Due to Angela falling ill‚ Nick accepts half the original amount of rent being payment of a lesser sum but the rule at common law being the rule in Pinnel ’s Case (1602) 5 Co Rep 117a‚ is that the payment of a lesser sum will not satisfy
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Part A A contract may be discharged or brought to an end at any time after formation and there are several ways in which this can happen. One party may avoid a contract – for example‚ for unconscionable conduct by the other; one party may terminate the contract before performance is complete – for example‚ for breach; or the contract may be performed to the satisfaction of the parties. The contract of sale that takes place at a supermarket checkout is for all purposes completed at the time
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Question Martina owns two houses in Loughchester. In May‚ she entered into a contract with Loughchester University for it to rent the houses for the coming academic year for use as student accommodation. The University paid Martina £750 straight away‚ with the rent to be paid to Martina by the University monthly in arrears. Martina then engaged Roger Roofers Ltd to carry out repairs on the roofs of the houses‚ to be completed by 23 September‚ in time for the arrival of the students. She paid Roger
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CHAPTER 2: Nature and Effects of Obligations Art. 1163. Every person obliged to give something is also obliged to take care of it with the proper diligence of a good father of a family‚ unless the law or the stipulation of the parties requires another standard of care. (1094a) 3 kinds of prestations in obligations: • To give real (there is some physical thing which may be the subject of possession‚ the delivery of which completely discharges the obligation) • To do • Not to do
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UNIT 2: OFFER TUTORIAL SHEET 2 1. What is an offer? 2. Explain the two (2) types of offer? 3. Distinguish between an offer and an invitation to treat. 4. What types of communication do not constitute an offer? 5. Explain each type of communication identified in (4) above. 6. When is an offer effective? 7. Explain the difference between a counter- offer and request for information. 8. Explain whether each of the following is a bilateral offer‚ unilateral offer or not an
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whether a valid contract was formed and who it was formed with. As Rick’s girlfriend didn’t buy the laptop and is under the age of 18 she wouldn’t be able to return the laptop as there has been no contract formed with her. However we can assume that her boyfriend is over the age of 18 and as he bought the laptop this means the contract was formed with Rick instead of Rick’s girlfriend. The type of contract that was formed with Rick was a standard form contract this is a type of a contract is a legally
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negligent otherwise the accident would not have happen. In the common law of negligence‚ the doctrine of res ipsa loquitur (Latin: the thing speaks for itself) states that the elements of duty of care and breach can be sometimes inferred from the very nature of the accident‚ even without direct evidence of how any defendant behaved. Where all that the Plaintiff can show is that he suffered injury. To deal with such difficult case where she does not know how the damage was caused‚ he could apply the
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end goal to break down this case‚ it would be a smart thought to begin by defining the term law and contract law. A law can be stated as “ A rule of civil conduct prescribed by the supreme power in a state‚ commanding what is right‚ and prohibiting what is wrong” (blackstone). Contract law can be defined as the written agreement which binds two people with certain rules and regulations as decided by both the parties and mentioned in the contract. The facts of the case Amal is a close friend of bushra
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Contract law – contract formation Figure 1: Elements required for a contract to be recognised by law Using Figure 1 above‚ and your knowledge of the elements required for contract formation‚ consider whether a contract recognised by law has been made in each of the scenarios below. Scenario IS THERE A contract? James is selling his car for $5000. Lucy comes to look at it‚ and says that she loves it‚ but that she only has $4800 to spend. James says he will accept $4800‚ as long as Lucy
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The Law‚ Contracts and Me Laws are made by legislatures and judges‚ although there is no universally accepted definition for law‚ one definition states that law is a system of rules and guidelines which are enforced through social institutions to govern behavior. [Lord Lloyd of Hampstead. Introduction to Jurisprudence. Third Edition. Stevens & Sons. London. 1972. Second Impression. 1975. Page 39.] In a society‚ rules and regulations exist in order to control peace and order‚ without these rules
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