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Question: Problem question: Mary, a frail but mentally sound 87-year old woman, is in the front garden of her old weatherboard home. Duncan, a big man who was heavily tattooed and wearing leathers, parks his motorbike outside her garden and strikes up a conversation with Mary. He told Mary that: “I am a licensed painter and I could paint the exterior of your house for a good price – $8000”. Mary obviously felt intimidated by Duncan and hastily agreed. The next day Duncan arrived and over the next two days painted her house. During this time Mary discovered from her daughter’s inquiries that had Mary received competitive quotes for the painting work, the going rate for painting her house was about $4000. Her daughter also discovered that Duncan’s registration as a licensed painter had lapsed two weeks agobecause he had forgotten to pay the renewal fee. The job is now complete and Duncan has asked Mary for $8000.

Is Mary contractually obligated to pay Duncan the $8000?

In your answer, refer to the general law of contract only. Do not refer to any statute law.

Administrators comment: This coursework was completed as part of an LLB Law degree programme outside of the UK. (Australia - Masters year 1) It has been added to the lawcoursework.com database due to it’s high quality. Generally speaking only work completed within UK Law courses is accepted.

Answer: ISSUE The issue to be resolved in this case is whether or not Mary is contractually obliged to pay $8,000 to Duncan for painting her house. Specifically, are there circumstances which may...


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Details: - Mark: 90% | Course: Contract Law | Year: 1st | Words: 723 | References: Yes | Date written: January, 2014 | Date submitted: February 19, 2014 | Coursework ID: 836

Question: Problem question (Part 2): Adam says to his work colleague Colin: ‘if you drive my pet Doberman, Brutus, to Sydney I will pay you $3000’. Colin says nothing. Three days later he drove Brutus to Sydney. Brutus became very car sick during the trip because of Colin’s erratic driving. (Brutus had never been car sick before on long drives.) On arrival in Sydney Brutus was so dehydrated from car sickness that he had to be taken to an animal hospital. This required Adam to pay $1000 in veterinary expenses. Adam refuses to pay Colin $3000.

(ii) Assuming that a contract has been formed, has it been breached? If so, what remedies arise? (5 marks)

Administrators comment: This coursework was completed as part of an LLB Law degree programme outside of the UK. (Australia) It has been added to the lawcoursework.com database due to it’s high quality. Generally speaking only work completed within UK Law courses is accepted.

Answer: BREACH OF CONTRACT ISSUE Given that the contract is valid between Adam and Colin, has the contract been breached? Specifically, are there implied terms in their contract and has it been breached?...


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Details: - Mark: 89% | Course: Contract Law | Year: 1st | Words: 440 | References: Yes | Date written: January, 2014 | Date submitted: February 19, 2014 | Coursework ID: 838

Question: Problem question (Part 1): Adam says to his work colleague Colin: ‘if you drive my pet Doberman, Brutus, to Sydney I will pay you $3000’. Colin says nothing. Three days later he drove Brutus to Sydney. Brutus became very car sick during the trip because of Colin’s erratic driving. (Brutus had never been car sick before on long drives.) On arrival in Sydney Brutus was so dehydrated from car sickness that he had to be taken to an animal hospital. This required Adam to pay $1000 in veterinary expenses. Adam refuses to pay Colin $3000.

(i) Has any contract been formed here? If so how was it formed and what are its terms? If not, explain why no contract has been formed.

Administrators comment: This coursework was completed as part of an LLB Law degree programme outside of the UK. (Australia - Masters year 1) It has been added to the lawcoursework.com database due to it’s high quality. Generally speaking only work completed within UK Law courses is accepted.

Answer: ISSUE The issues to be determined in this case study is whether or not there is a valid contract between the Adam and Colin. The specific issue to be dealt with is...


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Details: - Mark: 88% | Course: Contract Law | Year: 1st | Words: 979 | References: Yes | Date written: January, 2014 | Date submitted: February 19, 2014 | Coursework ID: 837

Question: TMA 03 The Law reform (frustrated contract) Act 1943 has addressed the inadequacy of common law when dealing with the apportionment of loss between parties. Evaluate this statement.

Mark 75%, W202 Contract law and tort law

Answer: To evaluate this statement, we need to look at what is a frustrated contract and what are accepted as frustrations to the contract. Also, look at the common law that was used...


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Details: - Mark: 75% | Course: Contract Law | Year: 2nd/3rd | Words: 2484 | References: Yes | Date written: December, 2016 | Date submitted: March 08, 2017 | Coursework ID: 1007

Question: Jesse is considering buying his aunt Karen’s house as an investment. During the negotiations, Karen states, “This house is worth £200,000 and I’ve had two separate valuations from estate agents verifying that, but since I love you so much I’ll sell it to you for £180,000.” Karen has not received any valuations from estate agents and the house is worth only £120,000. Jesse buys the house for £180,000.

Two weeks after Jesse has completed the sale and moved into the house, he discovers that Karen did not receive any valuations from estate agents. The same week, Jesse discovers that the value of the house has been reduced to £80,000 due to serious damage caused by the collapse of a supporting wall. At this point, a buyer offers £80,000 for the house. Jesse does not sell the house until three months later, when Jesse only receives £75,000 for the house because of a general fall of the property market.

Advise Jesse.

Answer: In relation to Jesse’s current situation, the preliminary issue we must identify before preceding to look at other issues arising from this case, is whether there was an intention to be legally...


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Details: - Mark: 75% | Course: Contract Law | Year: 1st | Words: 2950 | References: Yes | Date written: January, 2014 | Date submitted: February 18, 2015 | Coursework ID: 906

Question: 1st YEAR - CONTRACT LAW - CASE STUDY

Bigstore Furniture Ltd (“Bigstore”) is a retailer of household furniture. The company announced its summer sale on 1 July 2009 by placing the following advertisement in several national daily newspapers in the UK.

BIGSTORE’S SUMMER MEGASALE!
Prices cut by up to 70%!
Special offer! Anyone purchasing an Italia leather three-seater sofa by cash or credit card at the reduced price of £750 will receive an Italia leather two-seater sofa priced at £500 in the sale absolutely free of charge!
This offer is available at all our stores until 31st August 2009.

(The advertisement concluded by listing in small print all the company’s stores throughout
the country.)

On 5 August 2009 Susan took a copy of the advertisement with her and called at her local
Bigstore to inspect the Italia sofas. She spoke to Ben, the Sales Manager, and told him that
she had decided to purchase the sofas subject to first talking this over with her husband. Ben told Susan that the company only had a limited number of two-seaters so it was agreed that she would leave £100 in return for his agreement to hold the sofas for 48 hours. Ben told her that he would deduct the £100 from the purchase price if Susan went ahead with the
purchase within that time period.

On 7 August 2009 Susan called at the store to purchase the sofas and spoke to Ben who was
very apologetic but explained that his staff had forgotten to reserve the sofas for her. He
explained that in any event the two-seaters were “subject to availability” (as stated in
various notices around the store), and the company had now run out of them. Ben also said
that “…obviously the two-seaters were a free gift and were subject to availability.” He
pointed out that the Italia three-seater sofa was still available but the price had now gone
back up to £2,500.

By reference to case law and statute or your own examples where appropriate:

(a) Explain the elements of a unilateral offer and how such an offer may be accepted.

(b) Explain whether the advert amounts to an offer or an invitation to treat in respect of
(i) the three-seater sofas;
(ii) the two-seater sofas

(c) Explain with reasons what Susan purchased by paying GBP 100 on 5 August 2009. Was Susan entitled to have the GBP 100 deducted from the purchase price even if Ben had not agreed to do so?

(d) Explain whether those who purchased a three-seater sofa were contractually entitled to receive a two-seater as well or whether Ben was correct in stating “obviously the two-seaters were a free gift…..”

(e) Explain with reasons whether Bigstore has acted in breach of contract despite the notices which state that the two-seaters were “subject to availability"?

Answer: Whereas normally a valid agreement should comprise of offer and acceptance, with advertisements the general rule is that they are not offers but statements inviting further negotiations or invitations to treat with...


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Details: - Mark: 75% | Course: Contract Law | Year: 1st | Words: 2189 | References: Yes | Date written: March, 2009 | Date submitted: December 16, 2009 | Coursework ID: 552

Question: Explain the differences between ‘duress’ and ‘undue influence’. Do both categories
together amount to a law against unconscionable contracts?

Answer: Duress and undue influence are connected, in that they both deal with a state of affairs in which a person enters into a contract when, if left to his or her own...


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Details: - Mark: 74% | Course: Contract Law | Year: 1st | Words: 1706 | References: Yes | Date written: March, 2009 | Date submitted: October 19, 2010 | Coursework ID: 799

Question: CONTRACT LAW CASE STUDY / SCENARIO

TASK 1
Mrs. Turner has decided to start her own business running a private day nursery. It is
necessary for her to find appropriate premises. She sees a detached house, which would be
appropriate, on the market for £200.000. After having viewed the property she decides to make a bid for the property for £150,000. The sellers state clearly however that they will only accept £180,000.

Mrs. Turner then sees another property on the market for £250,000. She offers the asking price for this and it is accepted 'subject to contract.'

However a week later the sellers of the first property contact Mrs. Turner again stating that they have reconsidered are now happy to accept her bid for £150,000.

Your supervisor has requested that you research the relevant issues and compile a report for her attention which, outlines your findings.

TASK 2
Mrs. Turner has now purchased a suitable property and is now purchasing the necessary items required to run her nursery. She looks on a website and sees cots and high chairs advertised for sale by a company named Babies R Us, on the 1st October 2003, requesting twenty cots and twenty high chairs, requesting a reply by the 21st November 2003.

She received a reply by post, confirming the order, on the 1st December 2003. This was postmarked 20th November. However on the 30th November, Mrs. Turner had assumed that Babies R Us were unlikely to reply and therefore, entered into a contract with a rival company.

Mrs. Turner has made an appointment to see you to gain advice relating to the above problem.
Equally, she would appreciate some advice relating to the formation of contracts by e-mail.

TASK 3
Mrs. Turner's nursery has now opened and has recruited well. She is concerned as to the
different types of liabilities, which she may be affected by during the course of her business and would appreciate it if you could write to her regarding this.

Explain the different types of liabilities and along with examples.

Answer: To establish whether or not Mrs Turner has entered into two contracts first off all we have to look at what makes a contract and what type of offer was made to...


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Details: - Mark: 74% | Course: Contract Law | Year: 1st | Words: 3247 | References: Yes | Date written: October, 2007 | Date submitted: April 18, 2009 | Coursework ID: 471

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.

Requirement
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...


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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: The City of Coventry decided, some time ago, to celebrate its long history with a parade and pageant through the streets of the town on May Day. The parade was to include a rather scantily dressed Lady Godiva, on horseback, as well as characters from the city’s more recent history.

Martin, a local businessman, thought it would be a good idea to celebrate his wife Lesley’s birthday in style, so he booked a suite of rooms in the Royal Mercia Hotel for the party, overlooking the route which the parade was expected to take. It was agreed that the hotel would provide food and drink for the party. He paid a deposit of £500, making it clear that he wanted a room to see the procession.

There had been a fair bit of agitation against the procession in the city, particularly form a group calling itself “Women Against Exploitation” who regarded the parade as outrageously sexist and called for it to be banned. Two days before it was due to take place, Coventry City Council bowed to pressure and called the entire event off.

When Martin heard this, he called the Royal Mercia Hotel and said he was no longer interested in hiring the room. The hotel replied that as far as they were concerned the booking still stood and they would go ahead and provide the catering for Martin’s wife’s birthday as agreed.

Martin and his guests did not attend on the day in question. Nevertheless the hotel sent him a bill. He counterclaimed for the return of his deposit. Miss Tessa Smith, who was employed for the day to play the part of Lady Godiva, is suing Coventry City Council for breach of contract.

Advise Martin and Coventry City Council.

Answer: The frustration of a contract occurs where an uncontrolled external event, which is not influenced by either party, renders any further performance of the contract impossible (Taylor v Caldwell), or radically different...


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Details: - Mark: 73% | Course: Contract Law | Year: 1st | Words: 2335 | References: Yes | Date written: November, 2009 | Date submitted: September 27, 2010 | Coursework ID: 619


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