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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? RULES, PRINCIPLES AND RELEVANT CONDUCT As a general rule, the obligations arising from a contract are determined by its terms (Radan & Gooley, 2009). In this case, the terms and conditions in the contract despite not being expressly provided in writing, has been resolved to be valid and enforceable. According to Gillies (2012), terms in a contract may be expressed or implied and the violation of the implied terms and conditions gives rise to liabilities as much as expressed terms do. A decided case (Donoghue v Stevenson ) similarly stated that an implied term in contracts to render service......(short extract)

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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

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