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PAPER TITLE: LAW: CONTRACT LAW AND TORTS

DATE: Friday, 3 June 2016

SECTION 1

Question ONE

This question correlates to Scenario 1 

Write a letter to David explaining his legal position and any remedies that may be available.  You must include related case law which will support the advice you provide.

Solution

There are two legal issues in this scenario. The first is to consider whether based on the principle of formation of contract, Maggie has entered into a valid contract which may be enforceable against her by David. Also, there is a need to consider the remedies that may be available to David for a breach of contract.

To start with, a contract is an agreement which the law will enforce or recognise as affecting the legal rights and duties between the parties. It is a promise or set of promises which the law will enforce.

However, it is not all agreements that are made that amount to a valid contract and that are enforceable by law. One of the reasons for this is because some elements are expected to be present before an agreement can amount to a valid contract.

For a contract to exist, there must be an offer made by one party, known as the Offeror to another who is known as the Offeree; also, there must be an acceptance by the person to whom the offer is addressed. An offer may therefore be defined as a definite undertaking or promise made by one party with the intention that it shall become binding on the party making it as soon as it is accepted by the party to whom it is addressed.

For an offer to be binding on acceptance, it must be clear and final. It is a well-established principle of contract law that the display of goods in shops, shelves, supermarkets, or an advertisement in a newspaper or online would constitute an invitation to treat which does not amounts to a valid offer. An invitation to treat may be regarded as a preliminary move in negotiation which is an offer to negotiate or an offer to receive offers. It does not contain the essential elements of a valid contract. An invitation to treat, unlike an offer, does not include an intention to create legal relations.

.... ... ...

Acceptance is the final and unqualified expression of assent to the terms of an offer. Acceptance may be manifested (i) by the conduct of the parties, (ii) by their words (iii) by documents passing between them. There are invalid types of acceptance which includes silence...

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Question TWO

These questions correlate to Scenario 2

1. Using the directed reading in the seen scenario undertake an evaluation of the legal rules dealing with unilateral mistake.

2. Advise Any Loans and Ms Burns.

SECTION 2

Question THREE

This question correlates to Scenario 3

Discuss the liability of Sian in negligence.

Question FOUR

This question correlates to Scenario 4

Read the newspaper article.  What claim might Jack bring against the Kennels? 

Question FIVE

This question correlates to Scenario 4

Should the defence of illegality be available to the occupier against a claimant trespasser?

[END OF QUESTION PAPER]

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Last updated: Sep 02, 2021 12:18 PM