Contract Law and Law of Torts: A Case Scenario Analysis

This essay discusses a case scenario related to contract law and law of torts, using IRAC format and relevant case laws to prove consistency. It covers the legal issues raised, such as revocation of contract and gross misconduct, and their solutions. The subject is business law and the course code is not mentioned. The content is relevant for students studying law in any college or university.

LAW ASSESSMENT
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Table of Contents
INTRODUCTION...........................................................................................................................3
MAIN BODY...................................................................................................................................3
CONCLUSION................................................................................................................................8
REFRENCES...................................................................................................................................9
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INTRODUCTION
Law is an important perspective that is used in order to develop proper legal structure
within country leading towards development of appropriate rules effectively. Under law various
legislations are covered used for maintaining legal relation within particular contract and
agreement formed between parties. This is one of the most important part of country that makes
legal process completed more effectively. As per the essay things covered is based over contract
law and tort law. Under contract law an agreement formed within two or more then two parties
are handled. Also tort law makes various kinds of perspectives based over daily misconducts
deal with more effectiveness. Essay is based over particular case scenario dealing with various
kinds of perspectives in relation to law of torts and law of contract. These laws are explained in
the form of IRAC format and relevant case laws has are provided to prove consistency upon
particular scenario.
MAIN BODY
Case scenario: In the case facts it has been observed that Ross has opened an organic
food restaurant and has discussion with Red Gate Farm in relation to supply of organic beef for 2
years. Rachel is manager within Red Gate Farm requires over her business partner and as she is
required to say yes (Liu, Law and Duru, 2021). Then contacts their farm manager and discuss
about the essential regarding beef supplied. They are having two-year deal which has been made
for supply of organic beef and contract is formed with negotiation over price on monthly basis.
As Ross returns to office and check mail stating that Red Gate Farm has accepted deal of 2 years
over supplying organic beef to Ross chain shops. Ross immediately calls and revokes the offer
and then first consignment was send to High Hill. Seeing the response over the demand order
was increased next month. Joey regular customer of Ross enquired about beef and stated that
beef cannot be organic. This made contract revoked by Ross due to reputation of business and
asked money to be returned. Chandler deny s over having conversation with manager that beef is
organic. Ross was willing to have direct conversation with Chandler and as Monica new
employee to drive him. As she has just passed the test but cannot say no as Ross is her boss.
Monica was driving fast and crashes the car to Harvest vehicle near the entrance of High Hill
Farm. Since Ross was not wearing seat belt which made him suffered from severe spinal injury
and required proper treatment for it. This makes him return done by managing work only few
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hours and managing employees over running chain of organic shops over cost of £29,000 per
annum. Ross says Monica is to blame and dismisses her without notice, citing “gross
misconduct.” Chandler’s wife, Phoebe has been suffering from nervous disposition and
witnessed that her friend died within car crash. The time of crash she was inside farm and as she
come out saw car crashed and blood at the scene which made her faced Post Traumatic Stress
Disorder for which she now receives expensive counselling.
Legal issues raised from above scenario
In the first part of case is based over contract law and the issue raised is that “Does
Revocation of contract has taken place between Ross and Chandler”(Liu, Duru and Law, 2021).
Contract laws are those laws which has been used in order to make an agreement formed as per
the law of contract. These laws deal over those aspects helping over developing contract more
effectively. There are various kinds of elements used in contract formation that is offer,
acceptance, obligation and legal relations which leads over forming contract with better
approach. Revocation of contract is based over cancellation of contract and agreement which
takes place over cancellation of offer and showing no acceptance upon it. The revocation of
contract is covered within the topic of offer and acceptance. The offer can be cancelled in four
ways that is by death of person, lapse of time, revocation and counter offer. In order to
understand such situation relevant cases has been explained as Ramsgate Victoria Hotel v
Montefoire in this case defendant has made purchases regarding shares with applicant making
an organization claim over certain amount of money and six months later the claimant has been
accepting offer through making value when shares decreased. The defendant has withdrawn
upon making refuse upon sales. The offer no longer due over nature of subject matter related to
contract making offer lapsed within time period. Thus application for claimant's action of not
specific for performing unsuccessfully. Another case law is Hyde v Wrench the facts of case if
that defendant has been offering over various kinds of claims that has been made. In this
claimant has make refusal done by defendant. This is based upon making various kinds of
perspective solved over given law. The defendant made refusal for selling claimant which has
been made in relation to specific performance. In this court held that no contract is taken when a
counter offer is made this destroyed original offer so it is no longer open to offer. After analysing
the above scenario, it has been marked that revocation of contract has taken place within existing
contract. The case mentioned above has provide justification upon revocation of contract. The
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contract has been revoked while it is continuing which cannot be possible since contract can be
revoked only when a contract is not accepted and in this case contract has been initiated thus it
cannot be revoked by Red Gate Farm. Another issues raised is that has “gross misconduct taken
place between Ross and Monica”. Gross miss conduct which is prat of ethical code of conduct
followed within an organization (Guarino, Cellura and Traverso, 2020). The ethical code of
conduct deals over those guidelines that has to be followed more effectively. In this case it can
be observed that accident has taken place due to negligence which is part of tort and also in this
vicarious liability is applied which states that Master is held liable for act conducted by servant.
In order to prove these concepts relevant cases which has been applied are
Sedleigh-Denfield v O’Callaghan this is an important case which is one of the known case in
relation to request which is related over neighbouring test. In this case a negligence has been
made in order to negligently locate upon making withstand done about incorrect area which has
been making culture to be analysed. Also due to uncertain weather conditions and rains become
susceptible over blockages. Under it employee has made complains about uncertain conditions
that has brought large harm within an organization. This has brought movement with nuisance
over harm brought within. The defendant has argued that is based upon expertise with lifestyle in
order to cultivate culture. The case was more justified with. Donoghue v Stevenson the case is
based over two friend visiting a café and ordering ginger beer with ice cream. In this case as beer
was drink by them making a decomposed body snail emerged from it this lead over making
injury cause to both of them. This is important case which is based over defining about various
kinds of aspects that is related to negligence making an it more effective over modern terms.
After consuming the beer while ultimate content material become poured from bottle a
decomposed snail emerged shape bottle and suffered non-public damage due to graduation of
declare towards producer of ginger beer. It become held inside courtroom docket that declare has
been attained correctly and the case become capable of shape neighbour test. Caparo Industries
pIc v Dickman in the case it has been marked out that Caparo Industries has brought which
shares about the organization upon accounts defining within organization as per the law of tax. In
context of the organization there is made a payment done more effectively. Caparo makes action
done upon certifying over accounts. It was held within case that no duty of care was owned with
sufficient proximity within Caparo and auditors were not aware over existence of Caparo nor
purpose of accounts has been made which is used organization. These cases prove about various
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situations which can cause gross misconduct. As per the facts of this scenario gross negligence
taken place in relation to Ross since he was aware that Monica has just passed driving test and is
not professional in driving which marks out gross negligence and Monica has not conducted
gross misconduct as she warned Chandler about the situation. Thus the issue raised is solved
that gross misconduct has been done by Ross in the form of gross negligence. In the last part of
the case law of tort is applied as those laws governed over remedies of civil wrong making
person liable over wrongful act performed accidentally and intentionally. The injured pained
gathering are salaried with expense of compensations (Craik, 2020). In this law various kinds of
perspective related to physical and psychological injury with impairment or harm of possessions
with monetary damage is conducted including loss of past future cases. Also compensate has
been provided over method of injuries given by law court and wounded celebration pursue
compensation over court process. Liability within tort taking place due to neglect, careful
dissatisfaction to act within which duty of care has been violated. There are three categories
within law of tort which are trespass, negligence, deliberate and severe obligation. Accidents are
considered as part of intentional tort and harm done to people with will full misconduct
(Fernando and et. al., 2021). Thus tort is an important part of English legal system which is
based upon dealing with various perspective related to common law principle. Also law of torts
provide wider perspective to solve legal issues which are based upon civil law and its various
perspectives. In this there should be psychiatric injury. There are certain relevant cases which
has been discussed Hinz v Berry as consistent with the case Mr and Mrs Hinz went for a time out
with their own circle of relatives in Bedford Dormobile. They had 4 kids in their very own and
foster 4 different kids. Mrs Hinz became pregnant together along with her 5th child. They
stopped the over lay for having picnic. Mrs Hinz has encounter the street with one in every of
kids for selecting bluebells and Mr Hinz became with inside making tea with different kids.
Jaguar automobile became pushed with the aid of using Mr Berry and got here hurtling at
velocity and tyre burst over motive force misplaced manage and smashed in the do mobile. Mrs
Hinz has witnessed a devastating visible and her husband died kids have been injured severely.
The effects end up greater depressed. In this situation courtroom docket held that she was
entitled over convalescing and demonstrating with an psychiatric situation rather than emotions
of grief and sorrow. Reilly & Anor v Merseyside Regional Health Authority beneath Neath this
claimant Mr & Mrs Reilly which has been traveling defendant's maternity clinic for seeing over
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newly born baby which is grandson. This makes various kinds of perspectives understood within
certain time limit this makes various kinds of problems solved more effectively making courts
decide in appropriate manner. Mr Riley became sixty-one and had scientific situation of angina
Mrs Riley became sixty-eight and had scientific situation of claustrophobia. In the carry each
suffered signs and symptoms of claustrophobia turning into warm and sweaty, issue in
respiratory and dizziness. They suffered from various kinds of mental disease which made them
causing mental illness. This made trial judge hear about medical evidences making mental illness
promoted which lead towards making recovery possible (Bahiraei, Monavari and Moayedi,
2020). Also judge order for making them treated as soon as possible within hospital. As per the
facts Health Authority appealed over grounds that absence has been recognized over illness and
compensate damage. These traumas are normal and does not fall within category of injury. It was
held by court that appeal has been allowed and it has been identified about psychiatric condition
which has given rise over damages. In this various kinds of symptoms have been made over fear
and panic sweating in more effective manner. in another case of Chadwick v British Railways
Board over the case has been training crash that has killed 90 people over many injuries
seriously. This related over 200 yards making crash attending through assistance. This makes
working through night crawling beneath comforts and trapping victims making treatment
provided within 6 months. The court held that defendant owns duty of care. These case are
relevant with last situation of scenario in a way that Phoebe has been suffering from Post-
Traumatic Stress Disorder which has can leads towards death of person. Thus person cannot be
held liable under such circumstances.
CONCLUSION
From this file it can be marked out that laws are based over rules and guidelines which
leads over criminals punished in effective way. Through law various legislations are developed
which leads over making legal framework developed in better manner helping in making legal
issues solve more effectively. In this file contract law and revocation of contract is discussed and
also law of torts with negligence and psychiatric harms is covered with case laws.
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REFRENCES
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