Contract Law and Obligations Case Study

This assignment delves into the principles of contract law and obligations. It presents a case study involving Sam selling a difficult-to-solve puzzle box to Wendy. When Wendy solves it quickly, demanding a refund, the legal ramifications regarding disclosure of information, breach of duty, and relevant case law like WOOD V. BOYNTON are analyzed. The assignment highlights the responsibilities of sellers and buyers under contract law.

LAW OF OBLIGATIONS
(CONTRACT LAW)

Table of Contents
INTRODUCTION...........................................................................................................................1
TASK...............................................................................................................................................1
Legal obligation of different parties............................................................................................1
CONCLUSION................................................................................................................................5
REFERENCES................................................................................................................................6

INTRODUCTION
Law of obligation is considered as branch of private law which complies under civil law.
It is the body of rules and related with the rights and duties of all parties 1. Contract is the legal
term in which two or more partiers frame legal agreement which is binding in law. In which law
defines rights and obligation of parties may be enforced by courts. Parties are bound to follow to
rules and regulation which are imposed on them and needs to follow their obligations as well.
TASK
Legal obligation of different parties.
According to the given scenario, Sam is the person who purchase puzzle box from Bric-
à-brac shop which is owned by Mr Lemarchand. He realised that , it was a antique black
lacquered puzzle box which is rimmed in gold with arcane symbols. He thinks that further box is
considered as great addition for his new flat. So that, purchase the same for 800 pounds. After
complete sale he went to his home. After few weeks later he realised that, puzzle box becomes
bad luck. He feels that on Monday his flat floods, next day (Tuesday) there is fire in kitchen, on
Wednesday he is not able to continue his job, next day (Thursday) his partner leaves him and on
Friday his car got damaged by accident. He blame to the puzzle box for all bad things happen
with him.
For this reason Sam wants to return the same to seller and demand for money back. Lara
is the manager of Bric-à-brac shop who is agree to return only 400 pounds. But Sam refused to
accept same money and decided advert in local newspaper and mentioned in it that “ impossible
to solve puzzle box, or your money back”.
On the basis of further information Jeff is the person want to purchase same for 700
pounds. And another person name called Wendy wants to buy puzzle box for 800 pounds. After
Sam's sister want to purchase the same but she do not having money so that Sam refused his
offer.
After checking message from both Jeff and Wendy. He replied to Wendy that he accept
the order to sale puzzle box for 800 ponds and Wendy complete the same as well. After 2 hours
purchaser comes to return back the box and want money back because she solved money within
an hour and Sam return money back to her. After that he replied to Jeff as well that he is ready to
1 Eyal Benvenisti, The International Law Of Occupation (Oxford University Press 2013).
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accept order and sell box for 700 pounds. But Jeff refused to accept the same. Then he went to
the puzzle shop and agree accept order to Lara for sell box for 400 pounds. But Lara refused to
accept order and make new agreement that she want to take back box for 350 pounds only. So
that, Sam agree to take 200 pounds in advance.
Furthermore, after received message of Sam, Jeff realised that his puzzle box is one of
the three antique box which complete his collection of three because he already have two.
On the basis of above case scenario, all parties are comes in the legal contract at the time
of purchase and sell the goods and services. As according to provision of law they have to follow
rules, regulation, policies and obligation which are imposed on them. They bound to comply
accordingly.
According to section 13 of Law of obligation parties are bound to comply with obligation
which are imposed on them. In case parties failed to do so then court is able to take strict action
against them and imposed penalties on them as well. Obligation of parties are considered as set
of rights and duties and which have to follow by them for the smooth functioning of
performance.
As per the contract law 1990, in which two or more parties are comes in contractual
relationship with each other and responsible to follow rules and regulation. There are various
rights and duties mentioned under the act. Obligations are mentioned under law which are
enforceable by law as well. These are considered as moral duties. There is a written agreement
which is needs to be signed by both all partiers who are involved. It is considered as general duty
as imposed on them and mentioned under legal documents.
Obligation is the legal which is mentioned under contract law and impose on them as well. There
are various term which are mentioned under contract law and related to obligation which are as
aligned below-
Parties- Single is not able to form contract with himself. So that, in order to form legal
contract two or more parties are required 2. They prepare legal agreement with their mutual
consent and signed agreement as well. All parties are bound to comply with their responsibilities
which are mentioned under law.
2 James Crawford and others, The Law Of International Responsibility (Oxford University
Press 2010).
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As per the given scenario, Sam and Mr Lemarchand are considered as parties. Sam is
buyer and Mr Lemarchand is seller. But when Sam want to sale his puzzle box to other parties
then he becomes seller and Jeff and Wendy becomes buyer.
Free consent- Parties who form legal contract are needs to show their free consent
which is important for the purpose of comply with law. Free consent considered as no forceful
action create against any person.
On the basis of given scenario, all parties are able to show their free consent. There no
forceful action has been used by each party.
Offer- Proposal or offer is play significant role in formation of contract. In which one
party give offer to another party in order to form legal agreement. He must ensures that offer
needs to be properly communicated to another person and clear to him as well. Offer must be
free from threats which is easily attract another person.
In the given scenario, Sam give offer to shop owner to sell box for 800 pounds.
Acceptance- Offer or proposal needs to be presented by one person and accepted by
another person then it becomes legal contract. If offree is attracted towards offer and accept the
same then he have to properly communicated. Every agreement or contract has been
incorporated with offer and it can be complete with acceptance.
Legal binding- If parties comes in the legal contract then they are bound to follow rules
and which are imposed on them. According to provision of law, they are responsible to fulfil
their duties and complete their obligations as well in timely manner. Obligations are considered
as legal binding which implied on parties who are involved in legal agreement.
Time- Agreement has been form in written formate which needs to be signed by both
parties and time and responsibilities are mentioned in legal document 3. So that, all parties are
bound to complete their task in timely manner.
Written agreement- If parties form contract in written form, then document considered
as evidence which can be used in long term process. That document needs to signed by all parties
with free consent. They mentioned all terms and condition with mutual consent and try to attain
their task accordingly. As they are bound to fulfil requirements which are imposed on them.
3 Emer de Vattel and Lecturer in Intellectual History School of English and American
Studies Richard Whatmore, The Law Of Nations (Liberty Fund Inc 2012).
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Consideration- All parties which are involved in the legal contract needs to be clear their
consideration which they agree to receive from each other.
According to the given case scenario, Sam is the person who purchase puzzle box from
Mr Lemarchand who owned the shop. So that, puzzle box is the consideration for Sam and 800
pounds is the consideration for shop owner. They both are bound to fulfil their duties and
exchanges their consideration as well.
Obligation- It play significant role in legal contract which is considered as legal term.
Parties have to follow their obligation which are involved in provision of law. It is the set of
duties which needs to comply with them.
Express term- These terms are considered as important part of legal contract. Parties
needs to be present their offer and acceptance in express term which can be easily communicate
to them. It can be formed in verbal form or in written form. Through they can easily understand
the terms and condition and complete task in timely and effective manner.
Liability- After with formation legal term also liabilities are created on members. All
parties are equally liable to complete their task. They have to attain task in timely and effective
manner. Parties are deemed liable for legal obligation which are imposed on them. Person who
breach contract is liable to bear punishment as imposed by court on them and defined under legal
contract.
Intention- Intention to create legal agreement is needs to be present in every contract.
Without which there is no contract. Forceful acts are not able to considered.
As per the given scenario, Sam having intention to purchase puzzle box and owner of the
shop want to sell the same for 800 pounds.
Information- Goods and services which are delivered by seller to buyer needs to be meet
their expectation of people. Seller is responsible to provide proper information about products
which they are wants to deliver to another party. Goods needs to be deliver of best quality which
are able to meet requirement of people. They have to follow rules as mentioned under law.
According to given scenario, Sam is the person who purchased puzzle box from shop and
want to sell back to owner and receive get money back 4. Because he feels that box become bad
luck for him. All the bad things happens with him are conduct only because of that box. But he
want to sell to another person but revel further information about the same.
4 Collected Courses Of The Xiamen Academy Of International Law.
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On the basis of legal obligation, parties which are involved in contract are responsible to
comply with rules, regulation and policies which are imposed on them and mentioned under
provision of law. In the given scenario, Sam as buyer his obligation to deliver 800 pounds to
seller of puzzle box. In the same case owner is responsible to deliver products which Sam want
from his shop. After he realize that box becomes bad luck for him. So that. For the same reason
he want to sell same good to another and advert in local news paper.
In present case Wendy is the person want to purchase box of Sam for 800 pounds. And he
take the box on same day for 800 pounds. For that Sam said that puzzle is next to impassible to
solve and if every body can able to solve and Sam return their money back. But Wendy solve
that puzzle within an hour and he want to get money back. In that case Sam is responsible to
reveal relevant information about that particular box. This is considered as legal obligation for
them. Revealing of information or data about goods and services is considered as legal duty of
every seller at the time of selling product. As they all are bound to fulfil their obligation which
are imposed on them and mentioned under provision of law. No person is liable to breach duty .
If they do so then court is able to imposed penalties on them which are equal to the mentioned
under law. Also after receiving mail from Jeff he accept his offer to sell puzzle box for 700
pounds but for some instance reason he failed to deliver goods and services and cancel the
written contract as well.
Case : WOOD V. BOYNTON, 1885, in this case it has been stated that, it is the absence of
warranty, the value which is received from sold property. There is no ground for rescission for
the purpose of sale.
CONCLUSION
On the basis of above report, it has been concluded that contract is the legal term in
which two or more parties are comes in the legal agreement and needs to be signed written
document which is prepared by them with mutual consent. They have to fulfil rules and duties
which are mentioned under same legal document. Various types of rights, duties and obligations
are imposed on them which have to bee meet by them. Law of obligation is considered as set of
duties which are imposed on parties who comes in legal contract.
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REFERENCES
Books and Journals
Collected Courses Of The Xiamen Academy Of International Law.
Emer de Vattel and Lecturer in Intellectual History School of English and American Studies
Richard Whatmore, The Law Of Nations (Liberty Fund Inc 2012).
Eyal Benvenisti, The International Law Of Occupation (Oxford University Press 2013).
James Crawford and others, The Law Of International Responsibility (Oxford University Press
2010).
Online
Obligations law: Law of obligations. 2015. [Online]. Available through:
<http://libguides.bodleian.ox.ac.uk/law-oblig>. [Accessed on 25th July 2017].
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