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Contract Law Dispute: Angus and Miles

   

Added on  2020-03-23

9 Pages2133 Words47 Views
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1Cover SheetName of the studentStudent IDWord count
Contract Law Dispute: Angus and Miles_1

2ContentsAssignment..............................................................................................................................................3Issues.......................................................................................................................................................3Applicable law.........................................................................................................................................3Application of law...................................................................................................................................5Conclusion...............................................................................................................................................8Bibliography................................................................................................................................................9
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3AssignmentIssues i.Whether the promise that air conditioning shall be installed is part of the contract terms?ii.Whether the exclusion clause is binding upon Miles?iii.Whether there is any kind of misrepresentation incurred upon Miles?iv.Whether Miles can insist upon the return of his $68,000.00 and claim for compensation? Applicable lawWhen any contract is required to be established by two parties, then, the presence of offer,acceptance, legal intention, consideration and capacity of the parties are required to makea valid contract. When a contract is made amid the parties, then such parties shouldcomply with the term of the contract. The contract terms establishes the rights andliabilities of the parties. The terms are broadly bifurcated as express and implied.[ CITATION Cla122 \l 1033 ]Those terms who are orally or by conduct or in written form is exchanged amid the parties andare mutually made part of the contract are express terms but the terms which are bindingupon the parties under law, custom, trade, usage, statue then such are implied terms.Both the terms are binding upon the parties. The express terms are mutual decided terms by the parties. However, there are few terms whichare exchanged amid the parties but are not considered as contractual. These are precontractual terms. Now, a pre contractual term can be considered as part of the contracteven if not made part of the contract depending upon its nature and the importance it isgiven by the parties prior making the contract. In such case an argument can be raisedthat the term since is not part of the contract is thus non-binding. But, at times precontractual statements even if not made part of the contract is considered as contractual.Thus, a pre contractual term can be classified as:i.Terms which are made part of the contract – These terms are promissory in nature. If anysuch term is not comply with then the aggrieved party has every right to consider thecontract as violated and seek damages and equitable remedies [ CITATION Ell72 \l 1033 ]. ii.Collateral contracts – A collateral contract is a kind of oral contract which exist with aformal written contract. When pre contractual statements are made then collateral
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