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Case Study on Commercial Law

Added on - 01 Mar 2020

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Running head: COMMERCIAL LAWCommercial LawName of the StudentName of the UniversityAuthor note
1COMMERCIAL LAWTable of ContentsQuestion 1........................................................................................................................................2Issue.............................................................................................................................................2Rules............................................................................................................................................2Application..................................................................................................................................3Conclusion...................................................................................................................................5Question 2........................................................................................................................................6Issue.............................................................................................................................................6Rules............................................................................................................................................6Application..................................................................................................................................8Conclusion...................................................................................................................................9Reference.......................................................................................................................................11
2COMMERCIAL LAWQuestion 1IssueAccording to the case study, the issue has arises that whether John can blame theattendant of the super market for his injury?RulesAccording to the case study, John has purchased the curtain rod from the super market byhis own and the shop attended had directs him to find the curtain rod which he will use those asshower rod. However he injured in his bathroom due to the fall in the bathroom and now he isblaming the curtain rod and attendant’s advice. It is a case of mistake under the Contract Law1.A mistake is a complex area of contract law. Mistakes only recognized when in a contracta party has mistakenly escape contractual obligation which is also a mistakes of fundamental.When the party who enters in the contract has a false assumption then it will recognize as amistake of the contract2. Here mistakes occur due to some assumptions by self induced orspontaneous. There is no misrepresentation or misleading deceptive contract in the mistakes bythe parties3.In the case ofBell v Lever Brothers Ltd4the court has found the common mistakeswhich were the reason of void the contract and there has been a sufficient subject matter ofmistakes which can make the contract impossible5.1McKendrick, E., 2014. Contract law: text, cases, and materials. Oxford University Press (UK).2Poole, Jill. Textbook on contract law. Oxford University Press, 2016.3Knapp, Charles L., Nathan M. Crystal, and Harry G. Prince. Problems in Contract Law: cases and materials.Wolters Kluwer Law & Business, 2016.4Bell vs. Lever Brothers Ltd [1932] AC 1615Poole, Jill. Textbook on contract law. Oxford University Press, 2016.
3COMMERCIAL LAWIn another caseSolle v Butcher6, the court has added several requirements where thecommon mistakes have occurred due to some equity and represent the common mistakes. InGreat Peace Shipping Ltd v Tsavliris Salvage (International) Ltd7case the court has equallycriticized the common mistakes for not having sufficient fundamental renders of the contract andagain the contract has been void8.Famous case isRoswell State Bank vs. Lawrence Walker Cotton Co.9where thecommon Mistakes of contract have briefly described. In this case it has been found that the bank,the company and the processing form all of them held liable by the plaintiff but the court has notfound any liability of them for the false information provided by a trusted customer who drew anunauthorized cashier check. In another casePetelin vs. Cullen High Court of Australia(1975)10it has been found that the mistaken of contract has been occurs on the ground of non estfactum11.Therefore according to the case study John was making the allegations against the faultycurtain rod and attendance as whites but he has own ask for the curtain rod for the use in showerrod in the bathroom. However it is referred to the mistakes of fact12.ApplicationThe mistake is the erroneous belief where the certain facts are recognizing as truth. It is apart of the contract law where defense can be are good or it may raise some question regardingthe contract agreement between the parties and when the facts are being found as void ab initio6Solle vs. Butcher 1950 1 KB 671.7Great Peace Shipping Ltd vs. Tsavliris Salvage (International) Ltd 2003 QB 6798Fried, Charles. Contract as promise: A theory of contractual obligation. Oxford University Press, USA, 2015.9Roswell State Bank vs. Lawrence Walker Cotton Co. 240 P.2d 1143 (1952) 56 N.M. 10710Petelin v Cullen High Court of Australia (1975) 132 CLR 35511Knapp, Charles L., Nathan M. Crystal, and Harry G. Prince. Problems in Contract Law: cases and materials.Wolters Kluwer Law & Business, 2016.12McKendrick, E., 2014. Contract law: text, cases, and materials. Oxford University Press (UK).
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