Fundamentals of Law: Assignment
Added on 2020-04-01
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Fundamentals of Law
Part AAnswer 1IssuesThe issue that existed between Ian and Ben is in regards to an invitation that was sent by Bento Ian for taking astronomy in Ben’s class for $ 1000 during June 1st. Initially Ian turneddown the offer but later confirmed through mail which went to the spam folder of Ben andthus Ben was unaware thereby asking Ian to leave.RulesIan is witnessed to claim for breach of contract against Ben. There are certain rules pertainingto the breach of contract. They are as follows:If the promisor is not able to conduct the contractual obligation concerning theavailable time period thus hampering the performance of the obligation (Chen et al.,2008)If the obligated contract is not maintained or honouredMoreover the outcomes pertaining to breach of contract must rest on the specific situations ofa case. There is also a certain consequence related to any breach of contract and that is thepromisee is allowed to assess for damages. The promisee is further provided with the right ifthe promisor has breached. The right thus discussed is independent of the proof in regards toloss as well as damage, however, if this proof is not available then the recovery right getsrestricted concerning nominal damages (Restubog et al., 2010). ApplicationIt is noted that in Australia the deal hypothesis wins within which the trading of guarantees,alluded to the Latin expression “quid pro pro” is considered to be a fundamental component.Thus a guarantee formed under seal has been imposed concerning the old activity in regardsto the contract and has gradually transformed as the current law in connection to deeds.Relating to the case, it is noted that Ben and Ian never formed any enforceable contract asthey only exchanged mail messages. The applicability of the contract rests upon the aspectthat every contract possesses ‘a proper law’. The parties pertaining to the contract mightagree along with the law that is held applicable to the agreement. However, this further
signifies that any contract is dominated through a specific legal framework, whether it is the“English law, Sharia law” and others that render the contract a sort of irrevocable forcementioned Rowan, (2012). The courts generally render effect to any sort of demonstration orany implicit law options though the dominion opted for might not hold any objectiveconnection concerning the parties as well as their agreement. However, in this case, there liesno legal contract between the two parties Ben and Ian as they simply exchanged mails andletters with each other. ConclusionThere are little chances of Ian succeeding this case due to certain reasons. First of all, therewas no sort of official contract formed between both Ian and Ben. According to the casestudy, Ben sent an invitation letter asking Ian to take the astronomy class in June 1st. InitiallyIan turned down the offer but later, accepted the invitation thus confirming through an emailmessage which unknowingly went to Ben’s spam folder. Therefore Ben is totally unawareregarding the event (Pearce & Halson, 2008). Answer 2IssuesThe issue in regards to Sharon and Ben is that after Ian turned down the offer and invitationof Ben, he approached Sharon as the suitable candidate who could take his astronomy classduring June 1st. However, Sharon accepted his offer the next day. All the communication tookplace through emails. It was not known to Ben that Sharon possessed expertise in astrology asthe staff list placed her name within the list of astronomy experts. Hence, while Ben realizedhe said Sharon that he would not provide her any money.RulesThere are certain rules pertaining to the breach of contract concerning the case of Ben andSharon. Firstly considering the scope as well as the content, a contract is termed to beenforceable pertaining to the attributes such as the contract privity, terms of the contract, itsclassification as well as exclusion clauses. However, it is necessary that within a contract,there should be an agreement, consideration as well as clear intent for the formation of legalrelations that both the parties look forward to obligate (Chen-Wishart, 2012). Generally thecontracts end naturally while both the parties engaged within the contract accomplish their
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