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Analysis of the of Mark and JETS about Contract Law - Case Study Example

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The paper "Analysis of the Case of Mark and JETS about Contract Law" states that it is clear with JETS that the business and work of Mark requires him to travel on short notice. The premium fees that JETS charges equally substantiate the kind of service they provide, and of which Mark expected…
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Analysis of the Case of Mark and JETS about Contract Law
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Download file to see previous pages In the case of Mark and JETS, it can be established that Mark desired and needed the services offered by JETS, specifically, the provisions that (d) a Hamletjet 1000 must be available, and one of a list of designated pilots must be on call, 24 hours a day; (e) all pilots will have a jet at the ready for clients’ use within 30 minutes of receiving a request from a client. Since the stipulations were clear, it is assumed that the offered services are vital and strictly followed by both parties and that any violation of the stipulation would render breach of contract or even economic loss on the part of Mark. In the instance that Mark needed a Hamletjet on February 11, and that immediately informed JETS about this need was part and covered by the contract. It is expected that in 30 minutes, the Hamletjet will be available for Mark. Failure of the JETS to provide a means of transport for Mark is a breach of the stipulations. Inducing Breach of Contract Under the doctrine of substantial performance, Lord Mansfield indicated that in common law, it is a term in the contract that creates an obligation to be performed by one party to the contract, and subsequently, further obligation arises on the side of the other party (The Modern Law Review, 1975). The condition upon which the entire contract, or as a whole, becomes dependent on the conditions indicated on the contract, of which two had been violated by JETS in the disadvantage of Mark. It should be noted that no further agreement was taken after the failure to deliver on the part of JETS. Had the two parties – Mark and JETS – met and discussed to create a new agreement, the case could have taken the route of Hughes v Metropolitan Railway Co., of which Lord Cairns stated that: It is the first principle upon which all courts of equity proceed, that if parties, who have entered into definite and distinct terms involving certain legal results, afterwards by their own act or with their own consent enter upon a course of negotiation which has the effect of leading one of the parties to suppose that the strict rights arising under the contract will not be enforced, or will be kept in suspense, or held in abeyance, the person who otherwise might have enforced those rights will not be allowed to enforce them when it would be inequitable having regard to the dealings which have taken place between the parties (Hughes v Metropolitan Railway, 1877). ...Download file to see next pagesRead More
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