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Question: 10th Oct
• Edward - strawberry farm owner, publishes the strawberry sale
• Rothum Stores want to buy it and leave a voicemail message on Edward’s phone. Offer : 2000 Kg strawberries for 3.50 Pound / Kg
• Edward places a counter offer stating that he is ready to sell the strawberries at 4 p/ kg , and places a time limit
• Store sends a fax to Edward , placing a counter-counter offer stating they would pay 3.80/Kg , payable in two months’ time
• Edward doesn’t respond to fax; instead sends a letter of revocation ; letter gets lost in the post
• Store learns from 3rd party (twitter) that Edward closed a deal to supply strawberries only to Davidson Fruimart
• The store sends a letter of acceptance to Edward accepting Edward’s counter offer.
• They sent a fax, to reiterate the acceptance.
• The letter is wrongly addressed to Davidson Frui-mart and isn’t received by Edward
• Edward reads the fax, after he returns from the holiday
The Rothum Store sues Edward for breach of contract.
Advise the parties.
Answer: When Edward first advertised his strawberries for sale in the newspaper, it was merely an invitation to treat; not an offer. It is quite similar to the case of Partridge v Crittenden...
Details: - Mark: Not available | Course: Contract Law | Year: 1st | Words: 1020 | References: Yes | Date written: December, 2014 | Date submitted: November 25, 2015 | Coursework ID: 942
Question: Leonard and Sheldon are scientists who share a flat, No 1, on the ground floor of an apartment building. Neither of them owns a car, but their apartment has a parking space assigned to it. Sheldon rented the flat first, and Leonard subsequently moved in with him. When Leonard moved into the flat, he agreed to sign a ‘Roommate Agreement’, which sets out the terms under which he is allowed to live there. One provision is that, if Leonard fails to observe certain rules, Sheldon is entitled to lock Leonard in his bedroom as punishment for an entire weekend. Last weekend, Leonard broke one of the rules and Sheldon enforced the punishment clause. Leonard used his bedroom window to come and go without Sheldon knowing.
Will has recently moved into the same building as Leonard and Sheldon, in flat No 4. Will owns a motorcycle, and, rather than parking it in his assigned space, he decides to park it in Leonard and Sheldon’s space, so that he can chain it to a lamppost. He parks it in their space for the first time on Sunday. Sheldon notices that the motorcycle has appeared in their space, but does not know who owns it. He therefore writes the following note:
‘Your bike is in my spot. You cannot park it there. Remove it immediately.’
Will sees the note when he returns home on Monday evening. He picks it up and reads it but, believing that the note is unnecessarily rude, does not remove the motorcycle. On Tuesday, Sheldon sees that the note has been removed, but that the motorbike remains. Sheldon therefore writes another note:
‘Your bike is still in my spot. Remove it. Or else.’
Sheldon also places posters around the building urging action against ‘The Phantom Parker’. Will finds the second note and sees the posters. He feels threatened, but still does not remove the vehicle. Sheldon believes that the owner of the bike is probably Zack, who moved into the apartment building at the same time as Will, but into a different flat. He spends the rest of the week posting letters through Zack’s letterbox, accusing him of the being the ‘Phantom Parker’, and repeatedly knocks on Zack’s door to challenge him. Zack has since developed a very rare psychiatric condition as a result of these events, which has left him unable to work for the past two months.
In December, Leonard and Sheldon host a Christmas party in their apartment. They invite their friends Howard, Bernadette, Raj and Penny. Bernadette is Howard’s girlfriend and Penny is Leonard’s girlfriend: both women are blonde. At the party, David, one of Leonard’s colleagues, walks past Penny, brushing his hand against her arm. He does the same thing two more times. On each occasion, Penny shouts ‘Stop it!’ Later in the evening, David sees a blonde woman standing under some mistletoe. Thinking that it is Penny, he goes up behind her and whispers in her ear, ‘Are you sure you don’t fancy a kiss?’ The woman is actually Bernadette, who jumps with surprise. She turns around and tries to throw her drink at David: however, David ducks out of the way and the liquid lands on Raj. Howard goes up to David and shakes his fist, saying ‘If you had kissed my girlfriend, I would have punched you.’
Advise the parties as to any potential tort liabilities arising from these facts.
Answer: Sheldon V Leonard Leonard cannot bring a claim against Sheldon. Even though Leonard was detained, he cannot claim under false imprisonment. The two prerequisites to bring a claim under false imprisonment are:...
Details: - Mark: Not available | Course: Tort Law | Year: 1st | Words: 1827 | References: Yes | Date written: November, 2014 | Date submitted: November 25, 2015 | Coursework ID: 941
Question: THE TRADITIONAL DOCTRINE OF PARLIAMENTARY SOVEREIGNTY CAN NO LONGER BE REGARDED AS AN IMMUTABLE PART OF UK CONSTITUTIONAL LAW. DISCUSS.
Answer: If we consider the case of British Railway Board v Pickin , Mr Pickin bought a piece of land adjoining the railway line that had been discontinued, with an intent to acquire...
Details: - Mark: Not available | Course: Public Law | Year: 1st | Words: 1312 | References: No | Date written: November, 2014 | Date submitted: November 25, 2015 | Coursework ID: 940
Question: Nick is a supplier of eco home pods: mobile units providing accommodation, manufactured entirely from sustainable and renewable sources. The wood used in his designs is locally sourced cedar and is decorated with plant-based paints and varnishes.
Tony sells wood for floors and cladding. Nick in his discussions with Tony explains how the whole of his business depends on his reputation as an ethical builder and any deviation from his environmental policies would destroy his credibility in the eco home pod marketplace. Nick is therefore adamant that all wood is locally sourced and all varnishes and paints are plant rather than chemical based. Tony promises that this is not a problem and that he will be able to comply.
Nick and Tony enter a written agreement which specifies that the contract will last five years, the delivery dates, amounts, price and wood type. The contract is silent as to sourcing and paint/varnish requirements.
Three months into the contact, Nick discovers that when the locally sourced cedar is not available Tony has been making up the order with cedar sourced from Canada, but not charging any more for it. It also comes to light that all the wood finishes supplied by Tony use the same chemical-based varnishes and paints.
Advise Nick, who wishes to terminate the contract and recover potential damages.
Answer: Parties to a contract will determine certain terms between themselves. These terms are called express terms. During discussions and negotiations it can be hard to determine which parts of het negotiations were...
Details: - Mark: 65% | Course: Contract Law | Year: 1st | Words: 1088 | References: Yes | Date written: February, 2013 | Date submitted: November 25, 2015 | Coursework ID: 939
Question: With reference to the scenario below, critically discuss the importance of instant and electronic communications in contract law and how this may affect the “postal rule”, if at all.
You must answer the following question:
Andre is a self-employed kitchen designer who deals mainly in high specification kitchens aimed at the booming home catering market. He has worked for a number of competitors from the Northern Irish Bake-In Show and the Masterclass Chef television programme and recently his firm fitted a kitchen for the international winner of “Who would eat with me”. He has a fairly large business employing several staff. He has recently acquired a consignment of hand-cut maple wood and knows of several potential purchasers who would compete with one another to buy a handmade kitchen using this wood.
On 2nd May he wrote to Jamie in the following terms: "I have just taken delivery of hand-cut maple wood sufficient for one bespoke kitchen and can offer it to my clients for the sum of £31,500. If you are interested please reply by return of post." He sent the same letter to Gino and Mary.
At 2.15 p.m. on 3rd May, by first class post, Jamie replied, "In cash I could only give you £20,500 for the kitchen, but if you will accept this, I will have my next television show filmed in the kitchen and mention your name. For this, I would do a top notch product placement mention for you."
Just as he was leaving his office that evening, Jamie received a very good offer to film his next show in a local school kitchen. In consequence, he stayed on late and at 7.20 p.m. he sent a FAX to Andre which read, "Disregard letter, I will definitely accept your offer of £31,500 for the kitchen."
This FAX message from Jamie was received on the machine in Andre’s general office but while it had been left on, it was not filled with paper and therefore no faxes were printed out.
Mary has decided that she is now too old to change her kitchen and does not respond to the letter. However Gino is thinking of updating his home and emails Andre on 3rd May at 9.00 am saying “I accept, will call with you tomorrow to sign the formalities”. Unfortunately Andre has lost his internet connection due to a fault with his computer system and does not read this email until after Gino arrives to sign the contract as the business opens on the 4th May. But when Andre is faced with Gino and after reading the email he agrees to sell him the kitchen.
It is when Andre goes to get the standard form contract for Gino to sign that he notices the fax machine is out of paper, he loads the paper tray, waits until the faxes are printed out and then at that point reads the fax from Jamie.
With reference to the above scenario, critically discuss the importance of instant and electronic communications in contract law and how this may affect the “postal rule”, if at all.
Answer: There are generally four elements required to form a contract; offer and acceptance, certainty, an intention to create legal relations and consideration. In this scenario, the important issue, in terms of the...
Details: - Mark: 73% | Course: Contract Law | Year: 1st | Words: 1652 | References: Yes | Date written: March, 2014 | Date submitted: November 25, 2015 | Coursework ID: 938
Question: Remedies for Misrepresentation
(a) What are the remedies available where there has been an actionable misrepresentation? In what circumstances will a claimant be prevented from rescinding a contract which was induced by an actionable misrepresentation?
Answer: The availability of the different remedies is determined by the type of misrepresentation and the stage the contract has reached when the victim discovers the misrepresentation. An action for fraudulent misrepresentation allows...
Details: - Mark: 62% | Course: Contract Law | Year: 1st | Words: 733 | References: No | Date written: Not available | Date submitted: November 25, 2015 | Coursework ID: 937
Question: “So we have the paradox that, to show the community the wickedness of taking human life, the community uses the taking of human life to do that very thing. I believe that, if we are considering the effect on the minds of the community and if we are considering it, not on a short-term basis, but on a long-term basis, the mind of the community, the philosophy of society, will be more affected by the society which says, ‘we abhor the taking of human life so much so that we ourselves renounce our right to do it’, than the society which claims that right as a penalty for the crime of taking human life.”
(Samuel Silkin, Speech in the House of Commons, 21 Dec 1964)
Should capital punishment for murder be reintroduced in the United Kingdom?
Answer: The following essay will argue that the Capital Punishment should not be reintroduced in the United Kingdom. First and foremost, a historical overview of the Abolition of the Death Penalty in the...
Details: - Mark: Not available | Course: Criminal Law | Year: 1st | Words: 1898 | References: Yes | Date written: March, 2013 | Date submitted: November 08, 2015 | Coursework ID: 934
Question: Does English law deal consistently with the drug supplier whose client dies after a voluntary self-injection?
Answer: It is estimated that up to 3.000 deaths per year result due to drug overdose . The question of who should bear liability for these deaths inevitably arises. Undoubtedly the drug supplier...
Details: - Mark: Not available | Course: Criminal Law | Year: 2nd/3rd | Words: 1987 | References: Yes | Date written: October, 2014 | Date submitted: November 02, 2015 | Coursework ID: 936
Question: ‘It is national Parliaments, which are and will remain, the true source of real democratic legitimacy and accountability in the EU (European Union)’.
Discuss the EU’s constitutional order and whether there is a ‘democratic deficit’ in light of the above quote.
Answer: The following essay will highlight the existence of a democratic deficit within the EU (European Union). It will analyse it from 2 perspectives: an institutional one by emphasising the lack of legitimacy...
Details: - Mark: Not available | Course: European Union Law | Year: 2nd/3rd | Words: 2495 | References: Yes | Date written: October, 2013 | Date submitted: November 02, 2015 | Coursework ID: 935
Question: 'Judicial review has undergone a radical restructuring in recent years. Wednesbury unreasonableness and ultra vires have given way to rights based review in which the principle of proportionality and the doctrine of deference are central.'
Answer: Whilst the introduction of the proportionality principle can be argued to have restructured judicial review, the irrationality principle cannot be argued to have been replaced by it, as overall the rights based...
Details: - Mark: Not available | Course: Constitutional and Administrative Law | Year: 1st | Words: 781 | References: Yes | Date written: November, 2014 | Date submitted: May 13, 2015 | Coursework ID: 930