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Legal Systems and Contract Law - Assignment Example

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Introduction Businesses operate under several laws and legislations in different countries and regions. Numerous laws have been enacted to protect citizens from harm, protection of human rights and other laws. In the business field, laws are enacted to protect businesses, consumers and to uphold the integrity of the law…
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Legal Systems and Contract Law
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Download file to see previous pages The scenario presented by the case of Arju, a consumer who went to purchase a power washer at a local store whereby she was assisted by three different people. This case involves a number of parties and therefore, the Scots contract law will be applied in this case. Question A1 In this scenario, we witness a customer who advised Arju to purchase a certain power washer (AK47 Watersquirt). Arju purchased the water washer based on the recommendation of the customer. In this scenario, as the lawyer representing Arju, I would advise him not to pursue this case in a court of law. This is because the customer’s recommendation amounted to something more or else of a promise. According to the Scots Law of contract, a unilateral promise is not recognised as a contract. The provisions of the Scots Law of contract do not recognize unilateral promises which are against the provisions of this law. This is similar to the case of Punit Beriwala v. Suva Sanyal [1998], whereby Suva had sued Punit for breach of contract based on a marriage promise. The court held that the promise was not enforceable and therefore the promise could not be considered as a binding contract. According to the Scots law of contracts, for a contract to be binding it must be a bilateral agreement between two parties. On the other hand a contract can exist whereby a person has obligation to perform duties in relation to another person. This type of contract is referred to as a gratuitous contract (Douglas, 56). In the case of Arju, she was not advised by the customer in this scenario but the customer was merely expressing her opinion. As a result, a court of law would not recognize this as a breach of contract since there was no contract in the first place. According to the Scots Law of contracts, a contract is an agreement between two or more parties with the intention of creating legally binding obligations. Therefore, the customer’s recommendation had no intention of creating legally binding agreement. As the legal representative of Arju, I would advise her not to pursue a case against the said customer but instead try to be careful the next time. Question A2 In another scenario, we witness a sales assistant who is not familiar with power washers but goes ahead to assure Arju that the store sells quality goods. However, the sales assistant omitted information concerning customer recalls on goods on faulty goods. Based on the information provided by this case, as the lawyer for Arju, I would advise her to sue the sales assistant and the shop for breach of contract. According to the Scots Law of contracts, a contract is an agreement between two or more parties. In terms of promises one makes to another, the Scots Law of contracts requires the promise to be done in writing or be proved by a writ or oath. However, this provision excludes undertaking done under businesses. Therefore, the sales assistant’s reassurance of the good quality of goods sold by the store amounted to a breach of contract. The promise given to Arju by the sales assistant compelled Arju to purchase from the store leading to a loss (Hare, 64). As a result, Arju should sue the store based on the information provided by the sales assistant. Another provision of the Scots Law of contract is that for a contract to be legal and binding there must be free and genuine consent of the parties. In this scenario, the sales assist ...Download file to see next pages Read More
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