Contract Law Assignment (Doc)

Added on - 21 Apr 2020

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CONTRACT LAWIssueThe central issue in the given situation is to tender legal advice to Rose in relation to theenforceability of the contract entered into by her with Holly (Landlady) and Grace(Daughter).Relevant LawA contract once entered can be varied by mutual consent of both the parties involvedprovided consideration is present for both the parties involved. In the absence of a mutualconsideration, the modifications to the original contract would not lead to an enforceablecontract which has been highlighted in theFoakes v Beer[1884] UKHL 1. In the given case,there was an agreement between Dr. Foakes and Mrs.Beer regarding settlement of a debt ininstalments. However, afterwards, the plaintiff (Mrs. Beer) filed a legal application forobtaining the interest from Dr. Foakes despite initially promising not to sue the same. TheHouse of Lords ruled in favour of Mrs. Beer since she has no consideration provided foragreeing to waive the interest (Andrews, 2011). In wake of the above decision, definition ofvaluable consideration becomes pivotal for whichCurrie v Misa(1875) LR 10 Ex 153 caseneeds to be referred to. This case defines consideration as follows (Peel, 2008).A valuable consideration, in the sense of the law, may consist either in some right, interest,profit, or benefit accruing to the one party, or some forbearance, detriment, loss orresponsibility, given, suffered, or undertaken by the other.”Another key aspect of contract relates to the presence of the will on the part of the contractingparties to be bound by legal relations. This is assumed to be present by default in case ofcommercial agreements but the same is not the case for domestic agreements (Carter, 2012).This aspect has been highlighted in the verdict of theJones v Padavatton[1969] 1 WLR 328case where the honourable court highlighted that in case of domestic agreements, the defaultassumption is that the parties lack the intention to be legally bound and only when there isevidence in contrary of the same would the contract be held as legally enforceable (Taylor &Taylor, 2015).ApplicationIt is apparent that owing to the injury and incremental expenses of an office assistant, Roserenegotiates the contract with her landlady Holly where there was mutual consent in relation
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