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Assignment on Contract Law (PDF)

   

Added on  2020-05-11

27 Pages4078 Words141 Views
Running head: CONTRACT LAWContract LawName of the studentName of the universityAuthor note

1CONTRACT LAWTable of ContentsTopic 1.........................................................................................................................................................2Topic 2.........................................................................................................................................................4Topic 3.........................................................................................................................................................5Topic 4.........................................................................................................................................................9Topic 5.......................................................................................................................................................12Topic 6.......................................................................................................................................................14Topic 7.......................................................................................................................................................17Topic 8.......................................................................................................................................................19Topic 9.......................................................................................................................................................20Topic 10.....................................................................................................................................................23Bibliography...............................................................................................................................................24

2CONTRACT LAWTopic 1Part 1 1.Specific performance is an order which is made by the court to make a party do a specificact. (i)Specific performance order can be made in relation to a sale of land(ii)It cannot be made n relation to sale of care12.Court will not awards specific performance when compensation and other damages cancompensate the loss 3.The purpose of an injunction is to prohibit a person form doing an act 4.The purpose for damages in the breach of contract is to ensure that the aggrieved party’sinitial position when the contract has not been entered into has been restored. 5.Punitive damages are provided in case of extreme breaches and negligence whereascompensatory damages are awarded for personal injury claims not very serious2. 6.The damages which are awarded for the breach of contract are Repudiation CompensationInjunction Specific performance Part 21 McKendrick, Ewan. Contract law: text, cases, and materials. Oxford University Press (UK), 2014.2 Knapp, Charles L., Nathan M. Crystal, and Harry G. Prince. Problems in Contract Law: cases and materials. WoltersKluwer Law & Business, 2016.

3CONTRACT LAW1.Hadley v Baxendale case provides through its two limbes that Damages of contract mustbe fair and reasonable arsing from ordinary course of dealing and the other party musthave special knowledge in relation to special circumstances for damages to be allowed3. 2.In Hadley v Baxendale- the defendant caused injury to the plaintiff. Special instructionshave been provided by the plaintiff to the defendant. Court held that damages can beprovided where such communication was made. In Laundry (Windsor) Ltd v Newman Industries Ltd plaintiff made a claim forextraordinary damages. it was held by the court that only ordinary damages could beprovided. 3.an injured plaintiff cannot claim interest as damages for breach of contract as perHungerfords v Walker as it is not consistent with the two limbs of Hadley v Baxendale. 4.The Liquidated damages clause cannot be always enforced by a contract. They are onlyapplicable when the damages are equal to the best estimates of the parties. 5.Duty of mitigation is the duty imposed on contractual parties to reasonably mitigate theharm which can be caused to each other4. 6.No damages for emotional distress is contract law cannot be claimed as provided by thecase of Michigan Supreme Court, in Kewin v Massachusetts Mutual Life Ins Co. 7.quantum meruit’ is a reasonable money paid in relation to a contract. 8.issue can Jane claim damages from Tomrule Hadley v Baxendale3 EWHC J70, (1854) 156 ER 1454 Kötz, Hein. European contract law. Oxford University Press, 2017.

4CONTRACT LAWApplication All losses are reasonable Conclusion She can claim all losses. Topic 2Part 1Question 1The first idea is correct as complicated contracts have to be in writing. This is to avoid anyuncertainty in the future in relation to the terms of the contract. The second idea is not correct asit is a simple contract and would cause inconvenience for both the parties and such dealings areusually conducted by trade custom5s. Part 2Question 1There is a contract as per Balfour v Balfour6 in case of the bank because there was an intention tocreate a legal obligation. There is no contract as per Merritt v Merritt7 in relation to mum as theintention of creating a legal obligation was not present in the case. Question 2Domestic arrangement – there was contract- no, the agreement was serious to be enforceable 5 Dressler, Joshua. "Problem in the Contract Law Bundle PAC." (2015).6 [1919] 2 KB 5717 [1970] EWCA Civ 6

5CONTRACT LAWDomestic arrangement- there was a contract-no, the plaintiff was party despite familyrelationship Commercial arrangement- intention of being legally bound- yes, the honorable clause rebuttedthe presumption Topic 3Question 1Invitation to offerOfferoffer counter offeroffersupply of informationofferinquiry acceptance rejection of offerQuestion 2issue

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