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Question: ‘The Law in relation to misrepresentation drives a ‘coach and four’ through the hallowed principle of caveat emptor.’ Discuss.

Answer: The concept of “caveat emptor,” or simply put “buyer beware,” has traditionally been used as the general warning to consumers as a prerequisite when entering into contracts. This principle encourages the consumer...


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Details: - Mark: 64% | Course: Contract Law | Year: 1st | Words: 1275 | References: No | Date written: Not available | Date submitted: February 17, 2009 | Coursework ID: 251

Question: ‘English law probably does, and certainly should, recognise a duty to bargain in good faith.’ Assess the accuracy of this statement.

Answer: I Caveat Emptor English courts have persistently repudiated a general principle of good faith in English law. Naturally, this ‘caveat emptor’ approach has caused problems – particularly in pre-contractual negotiations – and...


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Details: - Mark: 64% | Course: Contract Law | Year: 1st | Words: 2186 | References: Yes | Date written: Not available | Date submitted: October 13, 2008 | Coursework ID: 76

Question: In the light of your study of contract law, how effectively do you think those ‘piecemeal solutions’ address ‘demonstrated problems of unfairness’? Would English law be improved by acceptance of a general duty of good faith applicable to the ‘making and carrying out’ of contracts?

Answer: When surveying Europe’s legal landscape, English law’s refusal to incorporate a general duty of good faith identifies it as somewhat of an oasis, standing in stark contrast to those around it. Yet...


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Details: - Mark: 64% | Course: Contract Law | Year: 2nd/3rd | Words: 4100 | References: No | Date written: Not available | Date submitted: October 13, 2008 | Coursework ID: 75

Question: ‘The Law in relation to misrepresentation drives a coach and four through the hallowed principle of caveat emptor.’ Assess the cogency of this claim.

Answer: The principle of caveat emptor is a doctrine that was dominant in the English legal system pre-19th century. Its literal translation means ‘let the buyer beware.’ The common law maxim is as...


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Details: - Mark: 64% | Course: Contract Law | Year: 1st | Words: 1773 | References: No | Date written: Not available | Date submitted: October 13, 2008 | Coursework ID: 65

Question: “Liability for breach of contract is distinguished from liability in tort in that: i) the duties are primarily fixed by law, while on contract they are fixed by the parties themselves; and ii) in tort the duty is towards persons generally while in contract is towards a specific person or persons” (Winfield). Discuss. Is it still viable today to maintain a distinction between contract law and tort?

Answer: A difficulty lies in locating the law of contract within the spectrum of civil obligations. Contract law is in essence based upon the expectation of a binding promise between individuals, on the...


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Details: - Mark: 64% | Course: Contract Law | Year: 2nd/3rd | Words: 2446 | References: No | Date written: Not available | Date submitted: October 13, 2008 | Coursework ID: 64

Question: Task 1

Jamima Koonick and her husband Ismael live in a 3 bed semi-detatched in Shingley, Northeast Ridings, Yorkshire. Jamima and Ismael are planning to celebrate the engagement of their son, Lee, to Collette Planche. Jamima wants to invite all her friends and extended family members to this party.
Jamima wishes to extend her kitchen and to do this she will need to have the internal wall dividing the kitchen and the dining room removed. She has instructed her local firm of builders, Shingley Interiors Ltd., to carry out the necessary renovation work.
......
Jamima is extremely unhappy with the quality of work carried out. Some of the kitchen units have not been fitted and the appliances that have been fitted, have not been fitted to the specifications supplied.
Three days later, the builders contact Mr and Mrs Koonick demanding payment for the work carried out.
Advise the parties.
Task 2

How would your advice be different if there was a delay in the completion of the agreement and the agreement had contained a clause stipulating that a sum of £500 per week would be payable for each weeks delay.

Answer: To advice the parties the following law must be considered, discharge of contract and remedies. It is evident that there is a valid contract between the parties since both parties agreed to...


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Details: - Mark: 64% | Course: Contract Law | Year: 2nd/3rd | Words: 2947 | References: Yes | Date written: Not available | Date submitted: October 13, 2008 | Coursework ID: 43

Question: On Sunday, Angela decides to sell her Ford Mundane car and so puts the following notice on the windscreen:
For sale - Special Offer
Good condition. One owner. MOT &
Tax. £5,995 o.n.o.
Tel: 07980 123654 or call at:
34 Nosey Street, Bradford
........
By the time Angela's letter of acceptance reaches Ian on Wednesday morning, he has already bought another car.
Advise the parties.

Answer: In order to advise the parties the following issues need to be considered first, what is a contract, what are the elements of that contract and the purpose of this assessment the...


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Details: - Mark: 64% | Course: Contract Law | Year: 2nd/3rd | Words: 2032 | References: No | Date written: Not available | Date submitted: October 13, 2008 | Coursework ID: 41

Question: Terms are implied into contracts on many occasions by both statute and common law. To what extent is this done in an attempt to protect the consumer?

Answer: The terms of a contract describe the duties and obligations that arise under the agreement. Although a term has not been expressed by either party, it is nevertheless contained in the contract....


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Details: - Mark: 63% | Course: Contract Law | Year: 1st | Words: 1844 | References: No | Date written: Not available | Date submitted: February 17, 2009 | Coursework ID: 274

Question: ‘The recognised exceptions are so limited, and the effects of the Contracts (Rights of Third Parties) Act 1999 are so minimal, that the traditional rule that “Equity will not assist a volunteer” remains virtually intact.’ Is this statement an accurate assessment of the law regarding the constitution of trust?

Answer: The aim and purpose of the equitable maxim; “Equity will not assist a volunteer”, is to prevent the enforcement of incompletely-constituted trusts on behalf of beneficiaries who have not provided valuable consideration...


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Details: - Mark: 63% | Course: Contract Law | Year: 1st | Words: 1792 | References: No | Date written: Not available | Date submitted: February 17, 2009 | Coursework ID: 269

Question: Does the Law of England and Wales need a doctrine of common mistake?

Answer: Traditionally, the area of mistake has been one of vexed curiosity and a lot of misunderstanding. There has never been a single precedent or written rule governing the doctrine of mistake in...


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Details: - Mark: 63% | Course: Contract Law | Year: 2nd/3rd | Words: 2529 | References: Yes | Date written: Not available | Date submitted: October 13, 2008 | Coursework ID: 72


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