Jeanine's Legal Position in Contract Law

This article discusses Jeanine's legal position in relation to the issues that have arisen under contract law. It covers cases of breach of contract and misrepresentation.

LLB - LAW

TABLE OF CONTENTS
INTRODUCTION...........................................................................................................................1
a) Jeanine on her legal position in relation to the issues that arisen under the contract law.......4
CONCLUSION................................................................................................................................7
REFERENCES................................................................................................................................8

INTRODUCTION
There is a great importance of contract law because it is a promise between the parties that they
made before starting any business and it legally binds both the parties so any technical mistakes
will not arise in the given future .Contract law is a law which essentially makes the agreement
enforceable that means the party who breach the contract terms and conditions is been liable to
pay the compensation amount for the breach of contract. (Disch, 2016). The present report is
based on Jeanine and his family which they essentially sell the cheese in the market and Jeanine
entered into the business to expand their family business and she entered into the contract with
the different individuals and company .The present case is based upon the Jeanine and and her
legal position in relation to the different issues that made arise during contract with the different
parties.
Definition: As per the UK contract act’ 1990, contract means an agreement between two or more
persons which is enforceable by law which creates legal rights and obligations of the parties. It is
essentially based on offer, acceptance and consideration.
Elements related to contract
 Offer:In this the person who made the offer is known as offerer and the person who
accepts the offer is known as offeree.
Conditions
 It must intend to create legal obligations.
 It is different from invitation to offer.
 It can be expressed or implied.
 It should not be vague
 Acceptance: In this the offeree gives his consent towards the offer which made by the
offerer and once the consent is made, the offer is accepted.
Conditions
 It must be absolute and conditional
 Rejection by offeree
 Revocation withdrawal by offerer and offeree
 Death, insanity of offer offeree.
 When offer must be in absolute and prescribe mode but the acceptance is not made as per
prescribed mode.
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 When subject matters becomes illegal or destroyed (Kötz, 2017).
 It must be communicated
 Consideration: It means something In written, when it is written form it essentially
clears down all the roles and responsibilities between the parties who entered into it, so
any mis-happening will not arise in the future and contract will be complete.
Conditions
 Consideration should move at the desire of promiser only.
 Consideration can be made by promise e or any person.
 Consideration can be past, present or future.
 Consideration need not to be adequate.
 Legal capacity: It means the parties who entered into contract should have legal capacity
to enter into it and will not be mental, unsound mind, minor and not disqualified by any
law.
 Writing requirement: All the terms and conditions related to the contract will be in
written form so any disputes and conflicts will not arise among the parties in the near
future.
 Contract formation: When all the essentially conditions are fulfilled by the parties then
only the contract tends to be valid and that makes the contract complete between both the
sides.
 Free consent: Consent is said to free when it not caused by coercion, undue influence,
fraud, misrepresentation and mistake (Knapp, Crystal and Prince, 2016).
Coercion: Commit or threaten to commit, retain or threaten to retain. Example: Threat to
commit suicide is amount to coercion, threat to file suit is not amount to coercion.
Undue influences: When on party is in the position to dominant the will of other party, such
party uses his position to take an unfair advantage in the market. Example: Employer and
employee, master and servant, doctor and patient.
Misrepresentation: When the false statement is made with the knowledge and the intention of
one party is to deceive the amount from other party from which he entered into the contract
Parties -Smith vs Land and House property Corporation
Case- Misrepresentation
Law-Contract Act
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Case Summary-Land and house property entered into contract with Mr. Smith regarding to buy
the freehold title of the Marine Hotel and Mr. Smith is advertised for that and one Mr. Fleck a
desirable tenant attracted towards it and the Land and House agreed to buy the Hotel however
Mr.Fleck did not pay the rent from the long time and he became bankrupt before the transfer of
title and when the Land and House Property Corporation got information regarding their
condition they refused to complete the transactions and defending the Smith's specific
performance suit on te basis of the grounds related to the Misrepresentation.
Judgement by court: The appeal was dismissed by the court by saying that the plaintiff selling
their hotel and the defendants agreed to buy the hotel and suddenly the tenant was bankrupt and
as a result defendant refused the contract to complete and were sued by plaintiff regarding for
specific performance. The court held that the appeal was made by the plaintiff is not true and by
saying that the court dismissed the appeal.
Conclusion-From the above case it can be concluded that the appeal made by Land and House
property was not merely on the grounds related to the misrepresentation and the case is
dismissed.
Fraud: It made by the party to the contract himself, with themselves or by his agents and the
representation made by him is not true and the person making such misrepresentation is not
according to the fact so no one believes that it to be true. It can be done by a party to deceive
amount from others and it can be done on wrongful basis.
 Mistake: Mistake of UK law valid ignorance of such law is no excuse and mistake of
foreign law void is treated as mistakes of facts.
Types of contract:
 Valid contract: In this all the essential conditions of contract are fulfilled
 Voidable contract: Contract which can be enforce by one party not the option of other
party.
 Void contract: Which ceases to be enforceable by law.
 Void agreement: Void ab initio void from the beginning from starting it is null and void.
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 Unenforceable contract: Which cannot be enforceable by law because of some technical
mistakes and when it corrected then such contract converted into valid contract.
 Illegal agreements: They are always void (McKendrick, 2014).
 Executed contract: When all the parties have performed their part of obligations.
 Executor y contract: When all the parties have not performed their part of obligations.
 Bilateral contract: When both the parties have performed their part of obligations.
 Unilateral contract: When any of the parties not have performed their part of
obligations.
Types of offer that made by offer to offeree
 Expressed offer: Offer made by the offerer by using down the words and offeree gives
his acceptance towards it is called expressed offer.
 Implied: Offer is made between the parties without use of words and is based on the
circumstances of the case which involve under this is called implied offer.
 General offer: It means offer made to the public at large.
 Specific offer: It means offer made to some specific person.
 Cross offer: It means exchange of identical offers.
 Counter offer: When offer is made by the offeree on the basis of modifications and
variations under terms and conditions then it said to be counter offer.
 Standing offer: Offer made for some specific period of time (Brown and Ackerman,
2016).
Parties – Farley vs Skinner
Case-Breach of Contract
Law-Contract Act
Case Summary- Farley bought a large estate Riverside houses in Blackboys, Sussex in UK and it
has tennis court ,an orchard , a paddock and swimming pool and costing 420000 pounds and he
purchases on 28 February 1991 and additionally he incurs cost of 125000 for improving it. He
also had a flat in UK ,and a house in Brighton and one in overseas and he appointed Mr. Skinner
to survey their house regarding to determine the level of aircraft noise . Skinner reported that the
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noise was acceptable and at 6 am it was tolerable. Holding Pattern was formed right above the
house . This distressed Mr. Farley as he spent early morning in his garden.
Judgement by court
The House of lords made a Judgement that Mr. Farley had paid for the house and he purchased
the house and he does not know that noise is coming and after knowing certain things he paid for
the house but did not incur any losses but he wants award for the distresses and the court
overturned this judgement and rescinded the 10000 pound award.
Conclusion
It can be concluded that the case is not related to the breach of contract and the promise e did not
incur any loss from that and instead of that he is claiming the remedial treatment and it is not
related to the case of contract law but it is related to the inconvenience and discomfort so
promisee is not liable for any compensation amount.
a) Jeanine on her legal position in relation to the issues that are arisen under the contract law
Important Case points: So, it is essentially all the parties to follow all the conditions
related to its which mentioned under the contract then only the business can be conducted in
lawful manner. In this case the Jeanine family is working in producing the cheese and selling
Limburger cheese. Her family keep running down their business in small scale and keeping the
things quite simple and their family is producing and selling the cheese in the local market since
40 years. She also creates the website and by using it they set their business and update the
terms and conditions time to attract their users. Their rebranding process immediately affect in
the market and attract their customers (Macaulay and Whitford, 2014).
With the help of that the Simon approached to him in the local market where they selling
their Limburger cheese and he said that he represented a cafe namely Smells Good and their
objective behind it coming to buy some cheese so by using that they want to give down a new
line to their Super Smelly Cheese Sandwiches and for that he buy A Hundred pounds cheese
from her at cash and after few days the Simon communicate Jeanine and gave very larger order
to her through E mail along with cheque. The Jeanine received ordered she sent him the cheese
and when she saw the cheque the name written on that Smells Good and which she assumed that
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Smells Real Good. The website also doing very well and through that she got various orders
from the wedding catering companies. But, Jeanine don't want to lose that opportunity and for
that she began meeting with the owners and managers of various food and shop chains and some
may be looking forward to buying it on a wholesale basis.
For that, she deals with the Nice Food Company to sell them a Christmas Themed
cheese in the shape of a tree and they wrapped such cheese in red wrappers. However, she
contracts with them regarding providing down a cheese on red wrappers but she was failed to
find those red wrappers for the cheese and instead of that she purchased the purple ones
(Commons and et.al., 2017). Unfortunately, the Jeanine business took a dramatic turn for the
worse and they contacted by a bank regarding the cheque which was paid by Simon was
worthless. The police investigate and discovered that the cheese was already sent to the real cafe
chains Smells Real Good and that company is disappeared. In addition to that catering company
contact with Jeanine that they wanted to return the smelliest Lime cheese Hamburger which they
wanted to return because they already got from the another supplier and on the next day the
Jeanine got information that the Nice foods also reject their delivery due to wrong packaging.
Jeanine thought all the things she got worse information from another caterer that thousands of
guests has got ill because of her cheese.
Analysis: The Jeanine entered into contracts with the different individuals and it
describes that Jeanine is entered as per the contract terms and conditions and also having legal
rights and obligations to dealt with them and she is been capable to entered into contract terms
and conditions with different peoples and lawfully she entered into the contract (Ghadge and
YSPM’S, 2014).
In first case Jeanine entered into contract with Simon where the Simon came to that place
where she conducts her business and made the offer to the Jeanine and for which she accepted
the offer and delivered the cheese to them and Simon sent the cheque to her which describe the
wrong details of company which he is not the owner and the company exist in the market with
the another name i.e., Smells Real Good and the name mentioned on the cheque is Smells Good.
The cheque provided by him was worthless and when police investigates it they get information
that Smells Good Company is not exist in the market and rogue has already sold the cheese to
such company and In such case the Jeanie can easily make a suit against Simon for breach of
contract terms and conditions as per Contract Act and will be entitled for compensation amount.
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In the second case the Jeanine entered into a contract with the Nice Foods Company
regarding to sell them a Christmas themed cheese that to be provided in the shape of a tree and
will be wrapped In a red wrapper. Both, the parties entered into a contract under which the offer
is made by the Nice foods company and accepted by the Jeanine and contract can be In form of
writing and suddenly the contracts terms and conditions is breach by the Jeanie by using down
the purple papers instead of read ones and delivery is made to the Nice foods company and
Company reject the goods by saying that the wrong packaging and In such case the contract
terms and conditions is breach and the rejection regarding such good is on right basis and the
Jeanie will be failed to file down suit against Nice food company(Orts,2013).
In the third case the Catering company contract with Jeanine regarding buying the
extensive amount of cheese and for which both the parties are entered into a contract
successfully and in which the offer is made by the Catering company and acceptance is made by
Jeanine and all things essentially can be done on consideration basis and both the parties are
competent to entered into contract and in this breach of terms and conditions from the Jeanine
side because the cheese which been sent and delivered to the catering company is of poor quality
and after consuming it the thousands of people had got ill and which also effects the catering
company goodwill and reputation and for which the catering company contacted with Jeanine
and claiming the amount for which he paid during purchasing of cheese. In such case the if the
such situation arise really with the catering company then they essentially required proof for that
and on that basis only they can claim the compensation amount from the company and in any
case if company failed to paid down the amount to the catering company then catering company
is free to file a case in the court against Jeanine and claim the compensation amount for
breaching terms and conditions.
In all the cases the procedure related to hearing will be conducted from both the sides i.e.,
promiser and promisee and that totally based according to the evidence and documents which
produced by the parties and their advocates and on that basis the decision is taken by the court
and the judgement will be come out on the basis of compensation amount which provided by the
defendant to their plaintiff.
Decisions made by court: In the first case the Simon is held responsible for it because he
entered into a contract for the wrongful means and their intention behind regarding entering into
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the contract is not correct and he comes because to provide losses to the Jeanine and for which he
is held liable under the court of law.
In the second case the Jeanie is held responsible for it he violates the terms and
conditions by using the purples paper instead of red ones and their intention is correct behind it
and whatever is occurred due to misrepresentation (McKendrick, 2014).
In third case the Jeanie is held liable for that because the supply is made by her is not on
correct basis and due to that large number people will be affected and becomes ill and it also
creates and adverse impact on the catering company position for which he becomes successful to
file a case against Jeanine under court of law.
The compensation amounts that the Jeanine are liable to get as per the nature of the cases
and the decision regarding that compensation is made in the hands of court itself.
Party-Foster vs Biosil
Case- Consumer protection act,1987
Issues- defect, burden of proof , defect
Facts-The claimant Mr. Foster claimed the damages under the consumer protection act,1987 in
relation to two silicone breast implants inserted on 11 Aug 1994. She challenged that the breast
implants manufactured by defendant were defective in the left implant it was ruptured
prematurely and the right implant the silicone was leaked. Consequently, the left implant had to
be removed on 19 Jan 1995 and the right breast was removed on March 1995 and there was no
allegations against the surgeon who inserted the implants and claimant had to prove regarding
the failure of product then only were entitled for the compensation and the defendant
manufacturers contended that the claimant not only had the existing burden of proof regarding
the defective implants that existed but also that the cause of the defect was attributable to the
implants defective within the meaning of s 3 CPA 1987.
Decision-The court was not convenience on the evidences that presented by Mr.Foster and
however the decision which was presented by the claimant was no sufficient.
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CONCLUSION
From the above report, it can be concluded that it is important for all parties to follow all
contract terms and conditions while conducting their operations so any disputes and conflicts
matter will not arise and parties can fulfils their roles and responsibilities for which they entered
into the contract and in case of breach of conditions from any one side then contract from both
the sides will be void and null and plaintiff can file suit against their defendant easily. So,it is
very essential for both the parties to follow all the rules and regulations as per the contract act
and regulations so any technical mistake will not arise in the future. In the given situation, in
some cases, Jeanine is successful and can easily make suit against the parties who breach the
contract terms and conditions. While, in some cases, they will not do so because they essentially
breach the contract and violate the terms and conditions for which they are not entitled to claim
any compensation amount from the court of law.
REFERENCES
Books and Journals
Disch, L., 2016. Representation. In The Oxford Handbook of Feminist Theory.
Kötz, H., 2017. European contract law. Oxford University Press.
Knapp, C.L., Crystal, N.M. and Prince, H.G., 2016. Problems in Contract Law: cases and
materials. Wolters Kluwer Law & Business.
McKendrick, E., 2014. Contract law: text, cases, and materials. Oxford University Press (UK).
Brown, C.A. and Ackerman, D.T., 2016. LEGAL AND BUSINESS ARTICLE: ABATING THE
BOUNDS OF COMMERCE: A QUANTITATIVE ANALYSIS OF
TRANSNATIONAL CONTRACT FORMATION. J. Int'l Bus. & L., 15. pp.175-361.
Macaulay, S. and Whitford, W.C., 2014. The Development of Contracts: Law in Action. Temp.
L. Rev., 87. p.793.
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Commons, P. and et.al., 2017. 2016 Survey of Rhode Island Law: Cases and Public Laws of
Note.
Ghadge, N.P. and YSPM’S, Y.T.C., 2014. E-CONTRACT LAWS WITH CONTRACTUAL
FORMATION & CHALLENGES. International Journal of Trade & Global Business
Perspectives, 3(3).pp.1183-1187.
Orts, E.W., 2013. Business persons: A legal theory of the firm. Oxford University Press
McKendrick, E., 2014. Contract law: text, cases, and materials. Oxford University Press (UK)..
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