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Contract Law Master - Essay Example

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The English common law system is unique because it is not codified. Instead, it relies on the principle of stare decisis. This means that courts base their decisions mainly on principles announced in former decisions termed case law. The Parliament though is given the power to amend or repeal such common laws and statute laws or Acts of Parliament and statutory instruments have recently become important legislations…
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Contract Law Master Essay
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"Contract Law Master"

Download file to see previous pages A contract of sale meanwhile is a contract where one party called the vendor or seller obligates himself to transfer the ownership of and to deliver a determinate thing, while the other party called the vendee or buyer obligates himself to pay for the said thing a price certain in money or its equivalent. In the case at bar, there are two issues involved i.e. whether there is an employment contract between Abe and his prospective employer and whether there is a contract of sale between Abe and the supplier of the goods. A further issue is whether Abe can return the goods and get his money back. As to the first issue
there is clearly no meeting of minds as Abe merely presumed he will get the contract. There is no acquiescence to the contract on the part of the employer. There is no offer and there is no acceptance as mandated as essential in the case Adams v Lindsell (Furmston & Chevalier 2006,p.15). As to the second issue, it is clear that the contract of sale has already been perfected
the contract of sale of goods. ...
s a breach in
the contract of sale of goods. On the part of Abe, he may rescind if the supplier commits a breach of warranty against hidden defects which also includes unfitness for the use intended or encumbrances upon the thing sold as illustrated in the case Re Moore v Landauer (Owens 2001,p.455). Since there is none of the above, there is no breach of warranty and thus he may not be allowed to return the goods he had bought.
b). If a resprayed surface of the car may be considered as hidden or redhibitory defect, it is not a serious or important defect that may render the car unfit or considerably decreases its fitness. The respraying only causes a slight change in the quality of the car, for better or for worse, and may not even be considered as hidden defect. Thus I would advise Bert that there is no need to refund money because the act of respraying does not go into the root of the contract as held in the case HongKong Fir Shipping Co. Ltd. v Kawasaki.
c) The court held in the case Pharmaceutical Society of Great Britain v Boots Cash Chemists (Southern ) Ltd. that "the display of goods in a store constitutes an invitation to treat and not a contractual offer". Thus, I would advise Chris not to pursue and insist on his offer to buy the mixer at the price he desired because the price tag in the advertised mixer is not a contractual offer but a mere invitation to inquire into (Salzedo et al 2004,p.4).
d) There is obviously a contract of employment between Helen and the factory owners because there is a meeting of minds as to the object of the contract. In the case Lane v Shire Roofing Company, defendant was ...Download file to see next pagesRead More
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