Contract Law Analysis: Albion Football Club, Premier League Scenario

This report provides a detailed analysis of a contract law scenario involving Albion Football Club. It covers several key aspects of contract law, including consideration, breach of contract, and frustration. The report examines the legal implications of a contract between the club and the police, the approaches courts might take to resolve contractual disputes, and provides advice to the club and other involved parties regarding damages and exclusion clauses. The analysis references relevant case law, such as Collins v Godefroy and Taylor v Caldwell, to support its arguments and recommendations. The report offers a comprehensive overview of the legal issues, providing a practical application of contract law principles to a real-world scenario.

Contract law
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Table of Contents
Question1: Advise the police..................................................................................................3
Question 2: Approaches court can use..................................................................................4
Question 3: Advise to Claddit and Albion.............................................................................5
Question 4: Advice to Albion.................................................................................................6
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Introduction
A contract is part of our daily lives but it cannot pretend and English contract law is
complex. In England and Wales there is the well defined body of law that regulated contract. The
present study is based on case scenario of Albion Football club. This report covers different
approaches which court can adopt for deciding whether or not screenit's contract should prevail
over Albion’s. Apart from this advise will be provided to Albion Football club on the relevant
principle related to the quantum of damages.
Question1: Advise the police
According to the given scenario, Albion Football club was established in 1907 and since
from last years, they played the Champion league. In the year 2012 John has taken over the club
and he brought premier league players for playing. Therefore, to survive in a league John need to
invest in the new player and for improving stadium facilities. In December 2016 Albion was
languishing at the bottom of the premier league and won only one game. Due to this reason fan
was protesting and John was afraid for his own safety and for the reputation of the club. Further
for own and club safety, John asked police protection but it was not considered important by the
Chief Superintendent. However, for protection, John was entered into a contract that he will pay
$10,000 for police protection.
Consideration: Consideration is known as something of value which was promised in
exchange for the specified action. Further, it is stated that it is a benefit which is revived by both
the parties who enter into a contract. Many times, consideration is in the form of monetary, but it
can be promising for performing a specific act. While in term of law it is an exchange of value.
For instance, Lisa agreed to sell his mobile to bill $1000 and bill payment is served as a
consideration for Lisa promise to sell the mobile to him. Here Lisa consideration is her promise
to sell him the mobile.
There are three types of consideration that is as follows
Executory: In executory, there is an exchange of a promise in order to perform acts in the
future. For instance, bilateral contract to supply the goods (Smits, 2017). Here A promise that he
will deliver goods to B in future date and B make the promise that he will pay after delivery.
Therefore, in the given case if A does not supply goods then it is the breach of contract and B has
right to sue in court. On the other hand, if A delivered the good then consideration becomes
executed.
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Executed: In executed when the promise is made by one party in exchange for anything
by other party and promise was fulfilled on time then it is executed consideration (Andrews,
2015).
Past: Consideration cannot be passed as if any party perform any act and another party after it
makes promise then consideration for the promise is stated in the past. While as per the rule past
consideration is not consider as a consideration so it is inappropriate and invalid.
In case of Collins v Godefroy, Godefroy the respondent brought an action against a
lawyer for carelessness and caused Collins, the offended party, to be subpoenaed to go to and
give confirm. Godefroy was quick to guarantee that Collins went to as this would help his case,
so he guaranteed to pay him one guinea for each day he was at court as pay for the loss of his
chance (Dicey, 2017). In this case, the court held that agreement which plaintiff must attend was
not supported by consideration. In this case, Glassbrook Bros V Glamorgan CC 1925 At the
time of strike Colliery manager want additional police protection. But police refused to provide
additional protection to the manager not pay extra to cover the expense. The manager agreed and
afterward it refused to pay. Issues are that it is a duty of the police to provide protection without
taking any fees.
According to the given case and as per law it is proved that the police role is to work for
public ad their responsibility is work without being paid other than by way of ordinary public
taxation for providing protection to life and property.
Question 2: Approaches court can use
At the time of carrying a long process of negotiation, it is not easy to pinpoint exactly
when the offer is made and it is accepted. At that, that court needs to look out the whole process
of the negotiation with all reference. After review, they made a decision that parties have reached
any agreement. One of the main problems which are taken into consideration by the court is that
one party send their offer on their own terms and other parties send it to respond it with their
own term. In this circumstance, dispute takes place that which contract will succeed.
From the case of Brogden V metropolitan railways, it is clearly stated that Metro send
their standard for a contract to Brogden. Further, he added some clause and send back. However,
Brogden was continually delivering goods. After some time, it failed to deliver and Metro Sued
in court that Brogden has breached the contract. In this case, it is clear that Brogden has sent the
standard form of contract and metropolitan made the counter offer and accepted Brogden terms.
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While in the case of British Road V cruthchely 1968, the PL’S delivered some whiskey to
the Def’s for storage (Arruñada, 2017). Further, the driver of BRS provided a def's delivery note
in which all the terms and condition is listed. Workers of cruthchely stamped the note which is
written received under our terms and condition and given back to the driver. According to the
court stamping the note in such a manner that counter offer is handed over the BRS. Here
contract is incorporated of crutches condition instead of British Road services. Hence this case is
stated as “Last shot” principle.
According to the given case, John emailed a standard form of contract and also contracted
Screenit Ltd in which it agreed to supply the screens. Screentit responded to their contract by
sending their own standard form of contract to John in which it is clearly written that they deliver
goods based on their own standard term and condition which are written in their document. At
the same time, email exchanged between the parties and manager of John signed while screens
were delivered. The screens were of not good quality and Albion want to claim for damages.
Screen ltd drew attention of Albion’s on exclusion clause in their contract.
Exclusion clauses are clauses which are basically written down that one party is not responsible
for in wrongdoing or damages (Haynes, Bawden and Robinson, 2016). This clause is valid in
some situation that is if they are properly mentioned in the contract or if it is not contrary to law.
Further exclusion clauses are incorporated in a contract if plaintiff sign document which has
contractual effect containing exclusion clause then it becomes a part of the contract. However, if
the party has read it or not or signed without seeing it. Through reviewing the exclusion clause
and other law it is clear that Screenit prevails over Albion’s.
Question 3: Advise to Claddit and Albion
Under the doctrine of frustration, a promisor is calmed of any risk under an authoritative
agreement in case of a falling-out of agreement where a gathering to the understanding is kept
from, or unfit to, play out his/her commitments under the agreement, because of some occasion
which happens, which was not in their circle of control. Further frustration is an outside the
contract which makes it completion impossible (Maleki and Mohammadzadeh, 2016).
Three types of frustration
Impossible- In this contract may be discharged because of frustration and where is
required the change in situation after the contract was formed (MacMillan, 2014). The contract
becomes impossible but there is no fault of any party as it renders that contract is impossible to
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perform. In the case of Taylor V Caldwell, a claimant hired a music hall in Surrey in order to
hold four grand concerts. The plaintiff put to the expense and his efforts for arranging the
concert. However, last week before the concert a hall was destroyed due to fire. The plaintiff
stated it an action for breach of contract in order to fail to provide hall and claimed for damages.
Court held that claimant action for breach of contract failed. It shows contract is frustrated as the
fire meant the contract was impossible to perform.
Illegal- At the time when the contract is become illegal to perform then it will frustrate
the contract. It can be clear from the case of Fibrosa V Fairbairn in which an English company
who make textile machinery and it agreed that on 12 July 1939 she will supply some machines to
a polish company (Yeung and Huang, 2016). Here machine should be delivered in 3-4 months
and another party has to pay £1,60 and rest of the amount after delivery. While on 1st September
invaded Poland and or 3rd September war was taken place. Council made Poland an enemy and
make it illegal for a British company to trade with them. In this case, contract is frustrated and it
cannot be carried out any longer because of illegality.
Nonoccurrence of an event: In the case of Chandelr V webster it shows that Mr. Webster
agreed to let Mr. Chandelr a room on Pall Mall to watch King Coronation on June. Both the
party agreed that money for the room will be paid before the procession. However, Mr chandler
not hired the room for itself but for customers (Coffee Sale and Henderson, 2015). The further
customer does not want room because their relative died. Then it wrote the letter to Me website
that they do not want the room. This situation of frustration occurs because of non-occurrence of
an event.
In the given scenario Albert was entered into a contract with Cladding Ltd and he agreed
to supply and fit Cladding. A cladding needs to be supplied and fitted in July before starting a
football season (Dobbs and Roberts, 2017). However, after sometime Cladding company was
considered to be fire and supply of cladding to Albert was considered as breached. It is advised
that no contract form in between both the parties as because of frustration as the fire meant the
contract was impossible to perform.
Question 4: Advice to Albion
Damages attempt to gauge in monetary terms the degree of damage an offended party has
endured as a result of a litigant's activities. Harms are recognizable from costs, which are the
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costs acquired because of bringing a claim and which the court may arrange the losing gathering
to pay. Harms likewise contrast from the decision, which is an official choice issued by a jury.
Damages measure of three basic methods that is the expectation, reliance, and restitution.
Reliance damage” At the time when a not enforceable contract exists an expectation of damages
is not proven then recovery is made on the basis of a quasi contract (Graham, Menell, and
Simcoe, 2016). On the off chance that Plaintiff supports a misfortune on account of Plaintiff's
sensible dependence on the agreement that was broken, dependence harms might be granted to
keep them out of line improvement of the Defendant. This is even-handed alleviation in the
sound caution of the courts however as a down to practical matter, the court will need to see that
the dependence was sensible and the subsequent harms unsurprising. However, reliance damage
can be awarded when expected damages do not get proven.
Restitution interest: Restitution damages are often sought and awarded at the time when the
benefit was conferred (Cotter, 2016). In this plaintiff was undoubtedly entitled to claim
compensatory but had suffered a less or no identifiable loss.
Expectation interest- In Expectation
In this satisfying the desire of the gathering with a specific end goal to the advantage which has
spilled out of the fruitful finishing of the agreement. In this problem is to measure the loss to
award. In the case of Ruxley Electronics V Forsyth 1996 – the problem is that while fulfilling the
PL expectation the cost can be disproportionate. The further case stepped forward and kept in
front of the court where it recognizes the loss of amenity and concept of consumer surplus.
According to the given case, Albion is liable to pay compensation to its customers who buy the
ticket in advance as he has no option and premier league game cannot be organized in another
stadium. Further, it also suffered from loss and it can sue against cladding company and asked
for compensation.
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Reference
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