logo

Further Aspects of Contracts and Tort Law

   

Added on  2020-02-03

13 Pages3845 Words87 Views
Further Aspectsof Contracts andtort law1

TABLE OF CONTENTSIntroduction......................................................................................................................................3Task 1...............................................................................................................................................3Explanation of vitiating factors....................................................................................................3Remedies available for vitiating factors......................................................................................5Legal consequences of discharge of contract .............................................................................6Description of appropriate remedies to contracts which have been discharged by breach.........6Task 2...............................................................................................................................................6Case 1...........................................................................................................................................6Case 2...........................................................................................................................................6Case 3...........................................................................................................................................6Case 4...............................................................................................................................................8Task 1...........................................................................................................................................8Task 2.........................................................................................................................................10Conclusion.....................................................................................................................................10References......................................................................................................................................122

INTRODUCTIONContract and tort law is developed by the British parliament in order to assure fairnessand transparency in society. For this aspect, they had described guidelines that are required to befollowed by the party in their daily act (Adams, 2010). Present study is focused on the evaluationof legal provisions that are linked to the contract and negligence. For this aspect, description ofvitiating factors will be provided along with its remedies and applications on the given casescenarios. Further, tort provisions will be explained with its defences. TASK 1Explanation of vitiating factorsThere are several situations in the contract in which parties have reached to the agreementbut still there are some existing or non-existing facts (vitiating factors) that have potential todestroy the consent of parties (Appleman, 2014). Vitiating factors can be defined as clause,provision or term that impairs a full or partial contract and makes it void or voidable. Descriptionof factors covered in this provision is as follows:MisrepresentationMisrepresentation can be defined as the false statement of law or fact that influencesparty for the formation of contract. Generally, these statements are made prior to the formationof contract. By considering this aspect, action against the misrepresentation is considered to bevalid if the statement is purport to the statement of law or fact. In addition to this, stated falseterm must influence the party for the creation of contractual agreement. In this aspect, statementof opinion or intention is not considered to be misrepresentation until and unless it is genuinelycited by the party (Desai, 2008). Further, silence is also treated as misrepresentation if it makesstatement half truth, make vital changes in circumstances, in contract of Ubermaie Fidei or ifthere is fiduciary relationship between parties. For the successful claim of misrepresentation,following facts are required to be satisfied:Representation was of fact or lawProvided representation by the party was falseStatement termed as misrepresentation is materialIt was used to mislead the party3

Intention of statement was to induce the party.Mistake Provisions of mistake can be bifurcated into two parts i.e. statements that makesagreement completely nullified (common mistake) and statement that negate the agreement(mutual mistake). In accordance with the provisions of contract law, common mistake makescontract void ab initio (DiMatteo, 2012). Further, in unilateral mistake, innocent party is inposition to held agreement void but in mutual mistake, contract will be cancelled as there will beprovision of absence of consensus ad idem.DuressDuress is considered to be present in contractual agreement where parties had providedtheir consent but this consent is supported by threat of violence. Agreement formed underdurable is considered to be voidable at the part of threatened party. In accordance with the caseof Cumming v Ince (1847), there should be real threat to the party. Duress can be occurred to theperson (Barton v Armstrong [1976] AC 104) as well as to the goods (Skeate v Beale [1840] 11Ad & El 983).Undue influence In accordance with the provision of English law, an agreement between parties is said tobe valid if it is supported by mutual consent. In this aspect, equity had stated that consent mustnot be supported by undue influence. For this aspect, both actual and presumed undue influenceis considered (Keenan, 2012). Presumed undue influence is said to be present in certainrelationships such as parent and child, doctor or patient, husband or wife, etc.IllegalityBy considering the provision of public policy, illegal contracts are always considered tobe unenforceable. In addition to this, court of law is not entitled to provide enforceability to theagreement that is supported by illegal purpose. In accordance with the case of Bigos v Boustead(1951), contract for criminal actions was always unenforceable by court of law. However, incivil wrong, contracts are said to be unenforceable if tort or breach of contract is deliberate. Remedies available for vitiating factorsMisrepresentation4

End of preview

Want to access all the pages? Upload your documents or become a member.

Related Documents
Legal Analysis of Misrepresentation and Breach of Contract in Ellen's Case
|6
|2139
|353

Contract Law: Vitiating Factors and Remedies
|9
|3048
|55

The Principles of the Business Law - Assignment
|12
|2803
|76

Advanced Contract Law & Negotiation Assignment
|15
|3821
|355

(Solution) Assignment on Business Law
|9
|1886
|22

Assignment Solution on Business Law (pdf)
|9
|2342
|28