StudentShare
Contact Us
Sign In / Sign Up for FREE
Search
Go to advanced search...

Law of Obligations - Essay Example

Comments (1) Cite this document
Summary
This essay demonstrates that the main question for Contemporary Caravans Ltd with respect to Nathan Noble, Ideal Homes and Homeward Abound is whether or not offer and acceptance was complete to such an extent that valid and binding contracts were formed…
Download full paper File format: .doc, available for editing
GRAB THE BEST PAPER97.6% of users find it useful
Law of Obligations
Read Text Preview

Extract of sample "Law of Obligations"

Download file to see previous pages In this regard, an offer is terminated if it is not accepted within a reasonable time.4 An offer can be withdrawn at any time prior to its acceptance, although withdrawal must be communicated to the offeree.5 However, if the subject matter of the offer is sold prior to its acceptance, the acceptance is not valid because an offer cannot be accepted for the purchase of property that has already passed from the offerer to another.6However, Contemporary Caravan did not sell the motor home, although it claimed to have sold the property prior to receiving the acceptance from Ideal Homes. Nevertheless, an offer and acceptance will not form a legally binding contract unless there is consideration.7 Since there was no consideration, there is no binding contract and Ideal Homes cannot force Contemporary Caravan to sell the motor home to them. Nathan Nobel The communication between Nathan Nobel and Contemporary Caravans indicates a request for information and a response to that request. There was no definitive offer and acceptance communicated between the parties. Nobel simply asked for the lowest cash price applicable to the luxury motor home and Contemporary Caravans responded. Nothing more was said, and thus Contemporary Caravans had no reason to assume that the stated lowest cash price was accepted by Nathan Nobel. There must be some indication that there was an intention to form legal relations. A mere inquiry as to price will not be sufficient to substantiate that there was an intention to create legal relations on the part of Nobel.8 Moreover, assuming that Contemporary Caravans made an offer in its response to Nobel’s inquiry, Nobel failed to indicate one way or another that he accepted or rejected the...
This essay discusses that In light of the fact that the new arrangements were ongoing for 8 months, Right On had a legitimate expectation that these arrangements would continue for the full 12 months. Since Right On had a legitimate expectation that the new arrangements would continue for a year and acted accordingly, it would be unfair for Contemporary Caravans to withdraw their promise. Since the arrangements were ongoing for 8 months, Right On had a reasonable expectation that the new arrangements were genuine or honest and nature and would continue as promised by Contemporary Caravans.
Since there was a consideration in the sense that the new arrangements provide for a new method of discharging the loans, Right On can bring an action against Contemporary Caravans for breach of contract or anticipatory breach. In the latter case, Right On may if it likes, apply to the courts for injunctive relief prohibiting Contemporary Caravans reneging on the new arrangements.
Whether or not there was a consideration, is immaterial because the doctrine of promissory estoppel can be invoked to prevent Contemporary Caravans altering the terms of the new arrangements unilaterally. It is therefore suggested that Contemporary Caravans continue to keep its promise and to allow Right On to continue to make the reduced payments until the 12 month period expires. Since no reasons are given for the desire to back out of the promise and the new arrangements it is likely that a court would find that Contemporary Caravans were not acting in good faith.

...Download file to see next pages Read More
Cite this document
  • APA
  • MLA
  • CHICAGO
(“Law of Obligations Essay Example | Topics and Well Written Essays - 2500 words”, n.d.)
Retrieved from https://studentshare.org/law/1394073-law-of-obligations-contract-law-third-year-of
(Law of Obligations Essay Example | Topics and Well Written Essays - 2500 Words)
https://studentshare.org/law/1394073-law-of-obligations-contract-law-third-year-of.
“Law of Obligations Essay Example | Topics and Well Written Essays - 2500 Words”, n.d. https://studentshare.org/law/1394073-law-of-obligations-contract-law-third-year-of.
  • Cited: 0 times
Comments (1)
Click to create a comment or rate a document
an
antoinettekilba added comment 1 year ago
Student rated this paper as
This essay was always my weak point. I could never finish it successfully. Still, after I found this precise essay, I understood how it should be completed. So, I performed my research afterward and completed the essay in several hours, instead of days as it was previously.

CHECK THESE SAMPLES OF Law of Obligations

Consumer Protection Law in the UK

An exception to the clause is when the retailer can show: for good reasons he was not aware of the advertisement; the statement had been corrected prior to the conclusion of the sale; or the statement could not have had an influence on the consumer.4 OSL, in this case, was bound by the contract of sale which included the warranty advertisement unless OSL, in this case, Patrick the manager, could show he had no knowledge of the advertisement.5
In SOGA 1979 14(2) as to quality the court found in Rogers v Parish ( Scarborough) Ltd [1987] QB 933 found that goods must be fit for the purposes for which supplied and failure to do so leaves them unmerchantable.6 In Jim’s case, he purchased the racquet at £250, a considera...
11 Pages (2750 words) Research Paper

Canadian Corporate Business Law

This was done by virtue of a loan to Ashley in the sum of $300,000 providing Temper with a first mortgage against the suite.
Two politicians invest in Temper, Stefan di Yawn who invests $500,000 in respect of 500 Class A shares and Bob Eh invests $100,000 for 100 Class A shares. In order to secure these investments, the politicians take a security interest in Temper. Shortly after the company experiences some difficulty beginning with Angelina who is photographed spitting on the sidewalks which gets the attention of politician Hillary Squinton who ran her campaign on a clean sidewalks platform. She initiates action against Angelina by taking the matter up with Spitting on Streets Board chaired by Angelina’s boyfriend Br...
11 Pages (2750 words) Case Study

Family Law: Breakdown Of Marriage

In general, contesting a divorce is a difficult issue and grounds for divorce are generally allowed by the Courts. If one party makes a decision that the marital relationship is no longer working, the Courts are likely to accept this decision and grant the divorce.

While adultery is one of the important grounds for granting a divorce, John claims in this instance that he has not had an affair with Emma. Possibly, if this was the only issue at stake, he could have contested the divorce. However, there is also the additional issue of unreasonable behavior, which are also good grounds for the grant of a divorce. Isabel has made attempts to get him to see a therapist and has tolerated his depression and withdrawal during hi...
10 Pages (2500 words) Case Study

Applied Land Law, Contract Law and Tort Law

There seems to be a lack of consideration to accompany the subsequent agreement between the parties for ABC Ltd. to pay the extra ₤10,000. In essence, ‘consideration’ refers to something of value, in a legal sense, flowing from Grabit to ABC Ltd. so as to enable Grabit to hold ABC Ltd. to its promise to pay that extra amount.
Grabit will obviously argue here that they are indeed doing something of value to ABC Ltd by building the extension of the warehouse. However, the problem is that this building of the extension is exactly what Grabit was already contractually bound to do under the ₤200,000 fixed price contract. As seen from Stilk v Myrick1, the general rule is that the performance of an existing contractual d...
11 Pages (2750 words) Assignment

Organization and Functions of Federal Law Enforcement Agencies

Threats may either appear in the form of terrorism or from other intelligence groups or from the espionage. It may arise within the country, against the existing government or social systems. Though most of the federal law enforcement groups are investigative groups, they are not only focused on investigations but stand for the people. One can see that the importance of the federal agencies is growing day by day because the threats from militants and others have considerably increased. Such kinds of federal law enforcement agencies include Federal Air Marshalls, Secret Service, FBI, Untouchables, C.I.A and Federal Corrections etc. The organization and functions of these agencies vary in different fields and can be cited in the fol...
7 Pages (1750 words) Case Study

Company Law Issues

Various sections of the CA are coming into force over a staged process and the relevant provision relating to authority is sections 39 and 40, which came into force on 1 October 2007.

Section 39(1) of the CA provides that “the validity of any act done by a company shall not be called into question on the ground of lack of capacity by reason of anything in the company’s constitution”

Additionally, section 40(1) provides that: “In favor of a person dealing with a company in good faith, the power of the board of directors to bind the company, or authorize others to do so, shall be deemed to be free of any limitation under the company’s constitution”.

Section 40 (2)...
9 Pages (2250 words) Case Study

Contract Law

This expression of willingness can assume several forms, such as a facsimile, letter, electronic mail or a telephonic message. The intention is an objective consideration and in the case of Smith v, Hughes 4 relevant consideration was deemed to be the manner in which a reasonable person would view intention. Furthermore, the law distinguishes between an offer and an invitation to treat. The latter is not an offer but merely an indication of willingness to negotiate a contract.

An instance of this is provided by the case of Gibson v Manchester City Council5. In this case, the phrase may be prepared to sell was held to constitute an invitation to treat and not an offer. Indeed, the Gibson decision challenged the tradition...
6 Pages (1500 words) Case Study

Constitutional and Administrative Law

When examining the decision of previous court comments that are made obiter dicta will not be part of the precedent since often obiter dicta comments are speculative remarks on how the judge might have acted if the facts had been different.

Binding precedents come from earlier case law and, as suggested in the wording, must be followed even if the judge in the present case does not agree with the legal reasoning of the judge in the earlier case. In order for a precedent to be binding the facts of the present case to have to be sufficiently similar to the earlier case. Decisions given in a lower court to the one in which the present case is being heard will not be binding. For a decision to set a precedent it must have b...
8 Pages (2000 words) Assignment

The Law on Physical Punishment of Children Fails to give Sufficient Respect to Childrens Rights

Under the English criminal law, several past and current legislations were made in order to protect the children from corporal punishment or becoming a victim of physical abuse. Despite our effort to prevent parents from using physical force in disciplining their children, the British Government remains unconvinced that the law which protects the children from physical punishment is sufficient (Keating, 2008). Physical punishment such as ‘smacking’, ‘slapping’, ‘kicking’, or ‘spanking’ is referring to the act of causing a degree of pain or discomfort to the child. (Niland, 2009, p. 6) With regard to the legal issues behind child protection against physical abuse, this study aims to d...
6 Pages (1500 words) Coursework

Analysis of Tourism and Hospitality Law Case

 The main issue that needs to be tackled first is whether there is a valid contract between Richard Brat, carrying on trade as Brighton Greens, (buyer) and Molly and Kelly trading in First Grade Granny Smith apples as Holy Farm.

Apparently, there was, when considering their verbal and written mail sent by Richard to Holy Farm on August 1 reading as follows –“Please deliver 20 boxes –Granny Smith ‘Brighton Greens’. Cheque mailed.“

It may be seen that the mail order does not specify the category or grade of apples to be supplied, but one of the implied conditions of sale could be that the goods ordered need to correspond with the goods inspected and tested.

In th...
8 Pages (2000 words) Case Study
sponsored ads
We use cookies to create the best experience for you. Keep on browsing if you are OK with that, or find out how to manage cookies.

Let us find you another Essay on topic Law of Obligations for FREE!

Contact Us