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Contract Law Assignment Sample PDF

   

Added on  2021-04-24

7 Pages1433 Words107 Views
Running head: CONTRACT LAWContract LawName of the studentName of the universityAuthor note
Contract Law Assignment Sample PDF_1
1CONTRACT LAWIssue 1Whether Richard can claim damages from Emma from the loss incurred by him in thelight of Australian negligent misrepresentationIssue 2 Whether Richard has the liability to pay George the additional 10% based on theprovisions of part payment of debt Issue 3Whether a valid contract has been formed between Richard and Tom for the purchase ofthe car in the light if rules relating to offer and acceptance Issue 4Whether a valid contract has been formed between Richard and Martin under the rules ofpast consideration Law 1The provisions in relation to a negligent misrepresentation have been provided in the caseof Howard Marine v Ogden [1978] QB 574. Negligent misrepresentation takes place when theperson has not made a false statement to the other party intentionally. However the person hasfailed to take reasonable steps in order to ensure that the correct statement is made. When anegligent misrepresentation is made the party is entitled to recession a well as consequentialdamages.
Contract Law Assignment Sample PDF_2
2CONTRACT LAWAs ruled by the case of Addis v Gramophone [1909] AC 488 when the contractual rightsof a person has been violated and because of such breach the person has suffered damages thewrongdoer is liable to pay the person “damages” in relation to the loss incurred by him, whichwould ensure that the “pre-contractual” position of the person is restored. Law 2A part payment of debt is not considered as a valid consideration as per the Pinnel's Case(1602) 5 CoRep 117a. In the case the claimant has been promised by the defendant extrapayment for an obligation which already existed under a contract. The claimant was not able torecover the additional payment from the contract as there was no consideration in relation to thenew promise and a contract cannot exists without a consideration. However the equitable doctrine of promissory estoppel may intervene in relation to asituation where a promise has been made. The doctrine prevents a person from going back on hispromise even where it is not supported by consideration. However there are certain requirementswhich needs to me bet before the doctrine can be applied. Firstly there must be a pre-existinglegal or contractual duty which has been modified, the promise must be clear and unambiguous,the parties must undergo a change of position and the situation should make it inequitable on thepart of the promisor to go back on his promise. The provisions had been discussed in the case ofCombe v Combe [1951] 2 KB 215Rule 3In the case of Hyde v Wrench (1840) 49 ER 132 the rules in relation to the formation of avalid contract had been discussed by the court. The court in this case held that an acceptance hasto be of an unchanged nature or unequivocal. There must be no change in relation to the terms of
Contract Law Assignment Sample PDF_3

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