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Applied Land Law, Contract Law and Tort Law - Assignment Example

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The objective of the assignment  'Applied Land Law, Contract Law and Tort Law' is to demonstrate the ability to apply theoretical knowledge of the underlying aspects of Land, Contract, and Tart laws.  The writer of the assignment will analyze several particular legal cases that feature the elements of the mentioned laws…
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Applied Land Law, Contract Law and Tort Law
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Download file to see previous pages 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 duty owed to another party is no consideration to hold that party to a fresh agreement. In this case, the crew of a ship was promised higher wages if they would bring the ship back to port, following the desertion of a few other fellow crewmen. The Courts held that the crew could not enforce this promise of higher wages as their consideration of bringing the ship back to port was exactly what they were anyway bound to do under their work contracts.

However, later cases have diverged from this strict view in Silk. In Hartley v Ponsonby2, where a similar scenario to Stilk occurred, the crew was allowed to enforce the higher wages. It must be noted that here the Courts held that the crew had gone over and above their contractual liability under their work contracts as (unlike in Stilk) such a large majority of the other crewmen had deserted so that it became dangerous to continue with the voyage and as such the remaining crew would have been entitled to abandon it under the terms of their work contracts. Likewise, Grabit could argue that removal of the sewage pipes and the incidental work involved goes beyond the contractual obligations undertaken under the initial ₤200,000 contract. ABC Ltd. could counter-argue then that this formulation is quite artificial. The removal of the sewage pipes is part and parcel of the main task of building the extension.   ...Download file to see next pagesRead More
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