The common wealth was found to have less authority in the formation of companies in Australia, Section 51 was only facilitating the foreign companies and providing enough authority, the federal Government create a new law for companies.
This is a crucial indication that consideration has long been regarded as the cardinal ‘badge of enforceability’ in the formulation and variation of contracts in English common law....
In a college legal studies course, and in some law school courses, you may be required to write a research paper addressing a legal topic Minors have limited ability to enter into a contract agreement.
marine corps leadership essay Just as property law is concerned with creating legal rights, and tort law and criminal law with defending them, contract law and related legal fields are intended to.
(LLB Contract Law 1st Year 75%)
To what extent does the law provide sufficient protection for those who enter into a contract with a person who, through age, mental illness or intoxication, may be said to lack the capacity to make a binding agreement?
In what circumstances will terms, other than those expressed in a written document, form part of a contract?
1st Year LLB Contract Law Mark 75/100.
CONTRACT LAW CASE STUDY 2, ASSIGNMENT 2, TASK ONE
Barry is a retired lorry driver who has just set up his own distribution service called
'Deliveries R Us'. Pencilbox PLC, his first customers, want to use Barry's service to
deliver stationery to some of their retail outlets. They reached an agreement and a
contract was signed whereby Barry would deliver 'a minimum of 3000 boxes of
stationery for Pencilbox over the next 12 months. ' The contract was to commence on the
1st April. No maximum figure was specified in the contracts and a delivery charge of
£1.00 per box was laid down by Barry.
Barry expected to deliver a higher amount than the minimum specified and so decided to
take out a bank loan in order to upgrade his existing fleet of lorries.
However six months later, Pencilbox pic wanted to renegotiate the delivery charge
threatening immediate withdrawal unless the charge was reduced to 50p per box. They
also told him that they wanted him to enter a three year contract with 'Gadgets Ltd' a
subsidiary of Pencilbox pic or they would terminate their business arrangement with his
Barry has found that his distribution service hasn't been as busy as he believed it would
be and so agreed to the new arrangements as he didn't want to lose their custom even
though he was aware he would be making a loss on the contract with Gadgets Ltd.
Barry has asked for your advice. You are a junior partner of Patel and Brown
Solicitors and have been asked by your senior to write a report on whether he
can claim the lost monies for every delivery he made on the grounds that the
modification made to the contract was due to improper pressure.
You have been asked to write a letter to the following client, Julia.
Julia, a partially sighted invalid, jointly owns a home with her husband Charles. The
family home has been mortgaged to Braddale Building Society.
Over the last year, Charles has been experiencing great losses in his business and has
failed to meet a number of mortgage repayments. Due to this the building society has
started proceedings against the couple. As they don't want to lose possession of the
house, Charles and Julia have approached their bank, Rochford Bank Pic and hope to
refinance the mortgage. The loans manager, Mr Credit, arrived at their home with
important documents and papers regarding the loan.
Julia was not happy with this and told Mr. Credit that her husband's business wasn't
doing well and that she strongly believed it would carry on making a loss and in view of
this she was not going to sign any documentation that covered Charles' business
Mr. Credit assured her that the papers didn't cover any business liability and that if she
didn't sign there would be danger that she would lose her home. He was so persistent
that she signed.
Julia hesitantly asked for the documents to be fully explained to her again as she was
unable to read the documentation because of her disability. Having heard the
explanation she reluctantly signed the papers.
Julia has now discovered that the documents not only cover a mortgage relating to
the house but also cover Charles' business debts.
Julia is very worried as the bank is insisting on enforcing the agreement. Your letter of
advice should cover the following.
1. Discuss grounds on which Julia might avoid the contract and whether
any remedies are available.
2. Would the situation be different had Julia taken independent advice
and then entered the agreement.
Catherine is employed as an accountant at 'Cash and Co.' and based in a firm in
Bradford. She has worked there as an employee for 6 years and her original contract of
employment prevents her from working as an accountant within 60 miles of Bradford if
and when she left the firm. After a successful interview, she has received a lucrative
offer from a firm of accountants in Leeds where she would be employed in a higher
position. She resigns and commences her new employment. 'Cash and Co.' have sent her
a letter stating that are going to take matters further as she has breached her contract of
You have been asked to write a memorandum to Catherine to outline her position
regards her previous employment contract.
To be successful in contract law, you contract law essay need to know the rules and best way start scholarship essays be able to analyze fact situations in the light.
CONTRACT LAW CASE STUDY 2
A band called 'The Illusionists' are performing their first UK tour. They have decided to
use Rochford Concert Hall (RCH), a newly constructed venue for their first night.
Tabby, the main singer was informed by the manager that the hall would hold 2500 people and that the acoustics were suitable for their performance and that they should have no problems. However the managers didn't mention the fact that due to licensing matters, the concert had to come to an end by 11.00 p.m.
The members of the band signed the contract of hire for the venue, and began to sell the
tickets. They were pleased to hear that all 2500 tickets were sold very quickly.
However, on the night of the concert, only 1800 were admitted onto the premises on the
instructions of the local police due to health and safety reasons. The police also informed
the band that even though the tickets displayed the finishing time of the concert as 1 .a.m,
the licence of the venue only entitled them to be open until 11.00 p.m.
This setback resulted in 700 people demanding their money back due to not being
allowed entry on the night and a large percentage asking for some reimbursement as
the concert finished earlier than had been advertised on the tickets.
Tabby and the other members of the band are seeking advice from the firm. You have
been instructed to write a letter to 'The Illusionists' on the following issues.
a) Whether there was a duty to disclose information related to the licence of the
b) Did the manager's comments amount to misrepresentation?
c) Are there any remedies available to the band?
Ahmed owns a gallery. He felt that the gallery needed a makeover and decided to
refurbish. In order to do this he went to see Catherine, a local antiques dealer. He
shared his ideas for the gallery with Catherine and informed her that if possible he was
looking for some eighteenth century chairs by the 'Goya Brothers'.
Catherine showed him a variety of furniture and he saw some chairs which looked
identical to those he was after. He told Catherine that he believed these were the
chairs and would like to buy them. Catherine didn't say anything but was aware that
they were not genuine. However she sold them to him nonetheless.
Due to the refurbishment, Ahmed has just had the contents of the gallery re-valued
for insurance purposes, but discovers that the chairs are very good copies and is
advised to insure them for £50 each rather than the £2000 each he believed them to
He is disappointed and has asked the firm for some advice. He is hoping to return the
chairs and have his money refunded.
The senior partner has asked you to write a report on the following issues.
a) Whether there is an operative mistake?
b) Would it have made any difference if Catherine was unaware of his mistake
and also believed that they were the original chairs?
What effect, if any would Ahmed's mistake have on the contract?