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Question: The ultra vires doctrine

Answer: When a power vested in a public authority is exceeded, acts done in excess of the power are invalid as being ultra vires. The ultra vires doctrine serves to control those who...


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Details: - Mark: 63% | Course: Contract Law | Year: 1st | Words: 4678 | References: Yes | Date written: Not available | Date submitted: October 13, 2008 | Coursework ID: 68

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...


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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: Critically discuss the presumptions relating to the intention to create legal relations.

Answer: It is a generally accepted rule that there must be a means of identifying agreements, which on outward appearance may seem as contracts but they are actually regarded as being beyond the...


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Details: - Mark: 62% | Course: Contract Law | Year: 2nd/3rd | Words: 1656 | References: Yes | Date written: December, 1999 | Date submitted: February 18, 2009 | Coursework ID: 281

Question: Contract Creation and Management.

Answer: A contract is formed any time two people make an agreement to do, or not to do something. Contracts can take on many forms, from a verbal agreement sealed with a handshake,...


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Details: - Mark: 62% | Course: Contract Law | Year: 1st | Words: 1174 | References: Yes | Date written: July, 2004 | Date submitted: February 17, 2009 | Coursework ID: 271

Question: Outline and evaluate the competing theories of Contract Law

Answer: The realm of contract law abounds with theories which attempt to explain and analyse the various ways contractual relationships can be considered. By examining the coherence and justifiability of several theories a...


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Details: - Mark: 62% | Course: Contract Law | Year: 2nd/3rd | Words: 2288 | References: Yes | Date written: Not available | Date submitted: October 13, 2008 | Coursework ID: 71

Question: On 6 October, David received the following note from his uncle:

Dear David,
We discussed some time ago about you buying my construction equipment when I retire from business at the end of this month. I am willing to sell you the equipment for £10,000. Let me know soon as I already have a very good offer from someone else.
........

On 31 October his uncle phoned to inform him that he has already sold the equipment to someone else.

Advise David who wishes to sue his uncle for breach of contract.

Answer: A contract is an agreement between two or more parties to do or to abstain from doing an act and which intends to create a legally binding relationship. For a simple contract...


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Details: - Mark: 62% | Course: Contract Law | Year: 1st | Words: 1073 | References: Yes | Date written: November, 2003 | Date submitted: July 04, 2009 | Coursework ID: 503

Question: On 2nd January 1999, Sarah reads in a local newspaper, “The Brighton Bugle”, that a well known local sports enthusiast, Mick Muscle, was offering £5,000 to the first person to swim from Southsea to the Isle of Wight before 10th January, 1999. .......She reached Oxford on the evening of 11th January. She now wishes to claim both the £5,000 for being the first person to swim to the Isle of Wight and, having later learnt of the prize, the £500 for cycling to Oxford.

Advise Sarah.

Answer: The first thing to ascertain is whether the advertisement constitutes an ‘offer’ or an ‘invitation to treat’. An advertisement, at least in the case of bilateral contracts, is generally construed as being...


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Details: - Mark: 62% | Course: Contract Law | Year: 1st | Words: 1473 | References: No | Date written: Not available | Date submitted: July 04, 2009 | Coursework ID: 502

Question: "Whether intention to create legal relations exists or not is always a question of objective construction by the courts of what the parties said, did or wrote." With reference to decided cases, discuss the above statement.

Answer: Below I have discussed the courts objective construction of intention to create legal relation. For a contract to be binding both parties must intend the agreement to be legally binding. To determine...


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Details: - Mark: 62% | Course: Contract Law | Year: 2nd/3rd | Words: 815 | References: No | Date written: Not available | Date submitted: October 13, 2008 | Coursework ID: 42

Question: The Contracts (Right of Third Parties) Act 1999. This paper will outline the provisions and objects of the Contracts (Third Parties Act) 1999 and address four areas in relation to the Act.

1. Will the Act achieve its objectives?
2. Should the legislation, with suitable modifications be introduced to Scotland?
3. In the absence of such legislation what contractual provisions may be inserted into construction contracts to which Scots Law applies?
4. What are the implications for Part II of the Housing Grants, Construction and Regeneration Act 1996 under Scots and English Law, if different?

Answer: A contract creates enforceable rights and duties between the parties to its formation. A contract is a relationship that is exclusive to the parties who made the contract. This is generally known...


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Details: - Mark: 61% | Course: Contract Law | Year: 2nd/3rd | Words: 5164 | References: Yes | Date written: February, 2003 | Date submitted: July 04, 2009 | Coursework ID: 504

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

Answer: It has been argued by academics that the relatively recent legal concept of misrepresentation, and the obligations and responsibilities it places on parties when negotiating a contract, make a complete mockery of...


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Details: - Mark: 61% | Course: Contract Law | Year: 1st | Words: 1828 | References: No | Date written: Not available | Date submitted: February 17, 2009 | Coursework ID: 252


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