Contract Law (tort) | Report
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Added on 2019-09-18
Contract Law (tort) | Report
Added on 2019-09-18
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1ContentsIntroduction...........................................................................................................................................2Contractual and Tort-related Issues......................................................................................................3Issue 1................................................................................................................................................3Issue 2................................................................................................................................................4Issue 3................................................................................................................................................5Advise to QQ for the potential legal claims...........................................................................................6Advise to Sally for the potential legal claims.........................................................................................9Advise to Sean for the potential legal claims.......................................................................................10Advise to Amy for the potential legal claims.......................................................................................11Conclusion...........................................................................................................................................12
2IntroductionThe case mentions a company ‘Quashquell Construction Limited’ which is into the businessof developing the properties in Manchester and the company is registered in UK. Thecompany has been successful in all its past ten years’ projects. But, for the past one and a halfyear, the business of the company is declining because of the fears associated with impendingBREXIT referendum and the possible implications that it could have on the business of thecompany. So, in response to this fear as well as risk, the company decided to move to a newlocation in Hull because it wanted to stay close to all its new projects which were based inHull. For its new business premises, the company bought an old Victorian building anddecided to start operations in it from March’ 1 2016. In addition to refurbishing the buildingand making it useful for operations, the company wanted to install a central heating system init. QQ (Quashquell Construction Limited) entered into various contracts and agreements forcarrying out the activities associated with shifting in the building and for installation of theheating system. But, this gave rise to some contractual and tort-related issues.Therefore, the purpose of this report is to identify those issues and advise various peopleinvolved in the case, i.e. QQ, Sally, Sean and Amy regarding their potential legal claims.
3Contractual and Tort-related IssuesIssue 1 QQ entered into a contract with Retro Salvagers Ltd (RSL) for refurbishing the building for£50000. The terms of contract stated that RSL would complete the work by 25th February2016, failing in which, there will be a deduction of 4.5% of the payment to RSL for each daytill the completion is delayed. The deduction and deadline was strict because QQ had to fulfilits contractual obligation under which he had to give vacant possession of the property inSalford to a buyer. But, the refurbishment was not completed on the due date by RSL and the shifting to theVictorian building could not happen. But, QQ had to vacate the premises in Salford so theyshifted their office in a hotel in Hull for ten days and they incurred a cost of £5200 per day(rent + profits).This is a contractual issue because RSL failed to fulfil its contractual obligation i.e. it couldnot complete the refurbishment by 25th February and it is a tort-related issue too because QQhad to incur losses and additional costs due to the problem.
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