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Question: The landmark decision in Barclays Bank v O’Brien extended the scope of a creditor’s liability for undue influence or misrepresentation by a third party. To what extent has this approach been limited by the decisions in subsequent cases?

Answer: In Barclays Bank v O’Brien (1993), the House of Lords was faced with the not uncommon situation where a wife has been led by her husband’s undue influence or (as in this...


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Details: - Mark: 70% | Course: Contract Law | Year: 2nd/3rd | Words: 1421 | References: No | Date written: November, 1998 | Date submitted: November 28, 2009 | Coursework ID: 531

Question: To what extent is it true to say that, once an agent has brought his principal and a third party into a contractual relationship, the agent drops out, and has no rights or liabilities as against the third party?

Answer: It is indeed true to say that in the normal course of events once the principal and third party have made a binding contract the agent has no further rights or liabilities...


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Details: - Mark: 70% | Course: Contract Law | Year: 2nd/3rd | Words: 1596 | References: No | Date written: November, 1998 | Date submitted: May 27, 2009 | Coursework ID: 535

Question: What are the differences between ‘duress’ and ‘undue influence’? Do the two concepts together constitute a law against unconscionable contracts?

Answer: The concepts of duress and undue influence are related in that they both deal with the situation where a person enters into a contract when, if left to his or her own...


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Details: - Mark: 70% | Course: Contract Law | Year: 2nd/3rd | Words: 1770 | References: Yes | Date written: January, 2003 | Date submitted: March 27, 2009 | Coursework ID: 464

Question: To what extent does the law provide sufficient protection for those who enter into a contract with a person who, through age, mental illness, or intoxication, may be said to lack the capacity to make a binding agreement?

Answer: In answering the question, it is essential first to summarize the fundamental rules which apply to contracts entered into with a person who is a minor, is mentally ill or intoxicated. With...


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Details: - Mark: 70% | Course: Contract Law | Year: 2nd/3rd | Words: 1795 | References: Yes | Date written: Not available | Date submitted: March 19, 2009 | Coursework ID: 460

Question: ‘The law of contract should give effect to the reasonable expectations of contracting parties. Principle certainly requires that a burden should not be imposed on a third party without his consent. But there is no doctrinal, logical, or policy reason why the law should deny effectiveness to a contract for the benefit of a third party where that is the expressed intention of the parties.' Discuss. Are the Law Commission's proposals (Report No 242, ‘Privity of Contract - Contracts for the Benefit of Third Parties' (1996)) for the reform of this area satisfactory?'

Answer: There are two elements contained within the doctrine of privity of contract which the quotation from Steyn LJ relates to. Namely, that a contract between parties A and B cannot in general...


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Details: - Mark: 70% | Course: Contract Law | Year: 2nd/3rd | Words: 1612 | References: No | Date written: November, 1999 | Date submitted: March 17, 2009 | Coursework ID: 458

Question: ‘The decision of the Court in Williams v Roffey Bros [(1991)1 QB 1, Court of Appeal ] which suggests that performance of an existing (contractual) duty can constitute consideration where it results in ‘practical benefit’ to the promisor creates further ambiguity in the scope of consideration in English contract law’. Discuss.

Answer: ‘The doctrine of consideration is all about ‘selecting those agreements to be given the ‘badge of enforceability’.[1] Put simply, in English law in order for an agreement to be binding it is...


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Details: - Mark: 70% | Course: Contract Law | Year: 2nd/3rd | Words: 1612 | References: No | Date written: November, 2003 | Date submitted: February 17, 2009 | Coursework ID: 268

Question: SAM Business Systems LTD v Hedley and Company [2002]

1. In para 46 of the Judge Bowsher’s judgement a reference is made to a case being decided “per incuriam”. How would counsel make an argument on this point?

2. In paras 129 and 159 of the judgement reference is made to the disclosure procedure. What role does the trial judge play in this procedure both generally and in this particular trial?

3. Do you agree with the way in which Judge Bowsher assesses the reasonableness of the excluding and limiting terms in the contractual arrangements discussed in the case?

Answer: The case of Sam v Hedley is very similar in relation to the case of Watford Electronics v Sanderson in that they both are to do with Information Technology that is viewed...


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Details: - Mark: 69% | Course: Contract Law | Year: 2nd/3rd | Words: 1626 | References: Yes | Date written: Not available | Date submitted: March 30, 2011 | Coursework ID: 660

Question: What are the essentials of a valid Contract?

Answer: A contract is made up of a promise of one person to do a certain thing in exchange for a promise from another person to do another thing. Contract law exists to...


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Details: - Mark: 69% | Course: Contract Law | Year: 1st | Words: 2746 | References: No | Date written: Not available | Date submitted: February 18, 2009 | Coursework ID: 287

Question: Produce a reasoned argument in favour of changing or reforming any rule or doctrine which you have come across in the English law of contract.

Answer: The Doctrine of Consideration has been heavily scrutinised over time to the suggestion that it merely only complicates matters and should no longer be a requirement for the formation of a contract....


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Details: - Mark: 68% | Course: Contract Law | Year: 1st | Words: 1359 | References: No | Date written: Not available | Date submitted: May 20, 2010 | Coursework ID: 608

Question: Law of Contract Case Study - This case study involves anticipatory breach of contract, frustration, exemption clauses, misrepresentation, breach of contract and possible remedies. - Northwould Garden Centre (NGC) enter into the following contracts with Gerda, Hari and Fred; Gerda, who owns a stately home, orders some large ornamental plant pots from NGC. She wants them for Mayday for a special event……..Provide legal advice to Gerda, Hari and Fred. (Full text available in download)

Answer: Gerda - The first legal issue is whether Gerda can sue NGC for anticipatory breach of contract and receive compensation in the form of damages. In contract law, where a party evinces...


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Details: - Mark: 68% | Course: Contract Law | Year: 1st | Words: 2332 | References: No | Date written: Not available | Date submitted: May 03, 2010 | Coursework ID: 603


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