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The Element of Variation in Fees - PDF
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Added on 2021-06-18
The Element of Variation in Fees - PDF
Added on 2021-06-18
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1ContentsIssues...........................................................................................................................................................2Law.............................................................................................................................................................2Application..................................................................................................................................................3Bibliography................................................................................................................................................6
2Issuesa.Advice to Tommy considering:i. the element of friendship;ii.The element of variation in fees.b.Whether Tommy is entitled to claim for compensation from SIN regarding the loss ordamage of his props by the student volunteers. c.Whether SIB can rely on the exclusion clause?LawA contract is a document which contains terms and conditions which the parties intend to abideby. A contract can only be made when some prime elements are complying with. [ CITATIONSAd12 \l 1033 ]Offer and acceptance Two of the most important elements to initiate any contract are offer and acceptance. An offer is the intention of the offeror communicated to the offeree with an expectant ofapproval of the terms [ CITATION Woo141 \l 1033 ]. When the offeree approves of the terms of theoffer then it is an acceptance in law[ CITATION Mid041 \l 1033 ].Both offer and acceptance makes a binding contract Capacity Both offer and offeree must be major and must not be of unsound mindLegal intentionThis is one of the most important elements in any contract formation the legal intentionrequirement submits that both the offeror and the offeree must have legal intent to abide by theterms of the contract. Thus, if any dispute will arise they are willing to move to the court of law. In [ CITATION T2N081 \l 1033 ]the basic presumption that lies with respect to legal intention is thatthe parties who are in family, social, domestic, friendly relationship never was to make theircontract legally binding and thus there is absence of legal intention. Also, it is a basicpresumption when the parties are in commercial relationship is that they parties wants to makethe contract legally enforceable and thus there is presence of legal intention.
3But, these general presumptions are rebuttable. The parties even though are friendly relationshipwants to execute a legally binding contract then the contract is enforceable. Likewise, the partiesare in commercial relationship but does not want their contract to be legally binding then there isno legal intention to make a contract enforceable in law. [ CITATION Goh141 \l 1033 ]Consideration Consideration is a very important element in contract formation. Consideration is nothing butsomething of value that makes the promises amid the offeror and offeree enforceable. It is a gainor benefit that moves from the promisor to the promisee against the primes that is made by thepromisee to comply with the acts or omissions that are required by the promisor.In [ CITATION Chw041 \l 1033 ], it was held by the court that it is necessary that to be a validconsideration the same must be absolute in nature and not sufficient. A consideration must havesome value in law and that need not be sufficient in nature. Thus, these elements together results in the formation of a valid contract. Apart from the law of contract, one of the laws that is normally applicable on parties is the law ofnegligence.In [ CITATION Don3217 \l 1033 ]the law of negligence submits that every defendant is liable for theloss that is caused to the plaintiff because of his acts or omission. The main requirements toprove negligence are:i.That the duty of care is imposed on the defendant to make sure that no loss is causedto the plaintiff f by his acts. The duty of care is against those plaintiff with whom heshares the relationship of proximity and those who are reasonable foreseeable;ii.It is necessary that the duty of care that is imposed on the defendant is not met by notcomplying with the adequate level of care;iii.That because of breach of duty of care loss is caused to the plaintiff which is notremote and is caused because of the acts of the defendant. At times, the parties to the contract try to limit their liability by relying on the exclusion clause.The exclusion clause limits the liability of the party to the contract on the happening of some predecided event which is made part of the contract mutually by the parties.If any party wants to incorporate an exclusion clause independently then reasonable efforts mustbe made to bring the clause in the notice of other party. ApplicationNow advice is considered to Tommy Issue a
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