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

Contract law problem question - Essay Example

Comments (0) Cite this document
The first step that needs to be considered here is whether there is an agreement between the parties, i.e. between Jayne and Swot Encyclopaedias and secondly between Jayne and her landlord. The second question that will be addressed within the first issue of a valid contract is whether consideration flowed from both sides Another issue that needs discussion is the issue of the detrimental reliance of Jane and whether this would result in the functioning of a promissory estoppel in her favour
Download full paperFile format: .doc, available for editing
GRAB THE BEST PAPER92.7% of users find it useful
Contract law problem question
Read TextPreview

Extract of sample "Contract law problem question"

Download file to see previous pages that even though it may have seemed to Jane that they were entering into a separate valid contract they never actually intended to conclude any such contract and the work done by Jayne was part of the original contract. Jane on the other hand will argue the opposite and claim that this particular trip was not part of the main contract and that this trip was as a result of a separate contract.
This raises another subsidiary issue here which is not very clear on the facts available. She attended the conference as a part of the terms of her contract in September 2007. It remains ambiguous what the contract says in terms of her discretion is choosing to go to the conference and her entitlement of the bonus or any additional money. We shall not dwelve into this much due to the lack of clear instructions but shall proceed on the assumption that the contract remains silent on these issues.
It is pertinent to mention here that the general rule adopted by the courts is that they will look at the intention of the parties objectively. This was decided in the case of Centrovincial Estates plc v. Merchant Investors Assurance Company Limited [1983]. In this case the claimants let premises to the defendants at a yearly rent of 68,320 but when they received the written acceptance they quickly informed the defendants that they intended 126,000. The courts held that there was a valid contract and that it was contrary to well-established principles that after the acceptance in the way stipulated by the contract, that the claimants turn around and say that they made a mistake which the offeree neither knew nor could reasonably have known when he accepted it. Here, Jayne can argue that while making the representation she could not have reasonably known that SE was making a mistake and that they never intended to make a separate contract. However, critics like Professor Atiyah basing their argument on the case of The Hannah Blumenthal [1983] argue that a subjective approach should be adopted and that without any detriment to the offeree, the courts should not hold this to be a valid contract.
In our situation the idea of detriment to Jayne is questionable. First, it is true that in admitting her son to the Westbrook Academy and paying the first year's fees of 5,000, she had acted to her detriment. The matter that is doubtful is whether she would have done that anyways or was it solely based on the expectation of a bonus of 4,000. The courts will probably also look at the fact that there was a difference of 1,000 between the fees and the bonus. But this is an evidential matter.
The courts adopting an objective approach will look at what the objective man would have done in this situation and implement their own view. The courts will however also look at a subjective view if evidence could be led that Jayne somehow knew that the company was making a mistake or that the money will never be paid to her, this can be done on the pretext of SE's approach with reference to other employees experiences that Jayne knew about or her own previous experiences with SE (Scriven Bros. v. Hindley [1913]).
It is however concluded ...Download file to see next pagesRead More
Cite this document
  • APA
  • MLA
(“Contract law problem question Essay Example | Topics and Well Written Essays - 2500 words”, n.d.)
Retrieved from
(Contract Law Problem Question Essay Example | Topics and Well Written Essays - 2500 Words)
“Contract Law Problem Question Essay Example | Topics and Well Written Essays - 2500 Words”, n.d.
  • Cited: 0 times
Comments (0)
Click to create a comment or rate a document

CHECK THESE SAMPLES OF Contract law problem question

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

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 Problem of Surface Water Acidification

... identified internationally and has been proposed for inclusion in the World Health Organisation’s Pesticide Evaluation Scheme (WHOPES) programme of possible water pollutants. WHOPES lists a formidable list of approximately 200 toxic chemicals as potential or proven contaminants. Some of the preliminary fundamental lessons derived from surface water acidity control measures are for the need to form a committee that will work harmoniously to enact policy and legislation aimed at curbing the problem of aquatic water pollution and management. This can include the public health department, ecological, water resources, water distribution, husbandry, geological, manufacturing, and business-related authorities which will consequently elect...
11 Pages(2750 words)Coursework

The Extent to Which Unemployment Is a Microeconomic As Opposed To a Macroeconomic Problem

... existing in the market. Specific labour market policies of govt may be very relevant here. The objective of govt is multidimensional. The objective of raising new employment level in the economy may not reconcile with the objective of raising wages above the level in the free market. Since both are opposite. Govt may wish to alter the distribution of income of wage earners at least in the sectors in the economy that are growing (Barr,, 2009). Govt generally accomplishes it through labour laws. That might conflict with other sector that is objective of maximizing growth in employment and equal growth objective. Microeconomics will be very relevant here to enable to identify and reduce level of unemployment. Another problem area...
6 Pages(1500 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

Meaning and Characteristics of Contract

Even as it is almost certainly not viable to give one total and generally correct definition of a contract, the most normally admitted definition is: 'a promise or set of promises which the law will enforce' (Pollock Principles of Contract (13th Edn) 1). The key considerations for the enforcement of a contract against a promisor are economic meaning the economic obligation of gripping the adherence of bargains and moral meaning moral reason that the guarantee was freely given.

According to the present law of contract, claim for money is either for ‘payment of an agreed sum’, or for damages for breach of contract. In the 19th century, these two ideas made the common law to sanction full freedom and purity of...
6 Pages(1500 words)Coursework

International Law: Child Soldiers

Using children to fight wars is not only morally abhorrent but very bad very the physical and mental health of the children in question. That is in part why a series of international laws and treaties have come into effect to try to deal with this scourge. But the issue is more complicated than that. While child soldiers are victims of war crimes, they too can also perpetrate serious breaches of the law of armed conflict. Under normal circumstances, individuals who commit such acts, be they combatants or not,2 would be vulnerable to prosecution. However, because children in such situations are victims as well as perpetrators and because of the special protections afforded to children under international law, many have questioned w...
8 Pages(2000 words)Case Study

The Law and the Media

New and complex issues have arisen which demanded fresh understanding and handling of cases involved them. This has resulted in the enhanced development of specialized laws e.g. cyber laws and interpretation of those laws. The same is true with Media Laws. Media has developed much in the last half-century. As it evolved as a profession and more people started to join it, there arose the levels of money involved in it. With this grew the contractual obligations on the parts of parties and concerned laws e.g. patent laws, privacy laws, and copyrights laws, etc. also started to play their parts. With these issues, the role of law in the media industry also reached a new height.
Mathew Fisher, the appellant, joined a band with Mr...
6 Pages(1500 words)Assignment

Law of Contract

For instance, in Partridge v Crittenden, it was held that an advertisement is tantamount to an invitation to treat (Partridge v Crittenden, 1968). However, there are exceptions, where an advertisement is considered to be an offer. An example is provided by the Carbolic Smoke Ball case. In this case, the defendant’s contention that its newspaper advertisement was not an offer was rejected by the court; as the plaintiff had complied with the terms of the offer (Carlill v Carbolic Smoke Ball Co, 1892).

Thus, the advertisement placed by Adams in the local newspaper is an invitation to treat and not an offer, as per the case law discussed above. It is to be determined, whether Adam had formed legally binding contracts...
6 Pages(1500 words)Case Study

Internatioanl Construction Contract Consultants

A contractor’s privilege to avail of an extension of time due to concurrent delays can be found in (Henery Boot vs Malmaison. In this case, Mr. Justice Dyson in 1999 cited an illustration in a worksite where standstill of work was caused due to labor shortages, which was not a relevant event especially during phases of extraordinarily inclement weather, which was a relevant event. If during that period, if there is a disruption of work, which might have resulted in the delay of completion of the contract by a fortnight, then, if an architect thinks it reasonable and fair to do so, then he must sanction an extension of time in spite of contractor’s labor issues.

If inclement weather and short-supply of labor...
13 Pages(3250 words)Essay
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 Contract law problem question for FREE!

Contact Us