With regard to Abigail’s rights against CableFast for breach of contract, there is no contention that the contract was a validly formed contract satisfying the formalities of offer, acceptance and consideration (Chitty, 2007).
As a film critic, Abigail made it clear that she…
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was extremely slow points towards false representation and it is arguable that this misrepresentation gives Abigail the right to repudiate the contract on the misrepresentation constituting a condition (Poole, 2006). The burden would be on Abigail to prove this, which may be difficult on grounds that there is no record of her telephone conversation with CableFast.
Additionally, as the contract was for the supply of services, the Supply of Goods and Services Act 1982 implies terms into Abigail’s contract, which cannot be excluded and therefore enforceable against CableFast. The 1982 Act provides that in a contract for the supply of services and where the supplier acts in the course of a business, there will be an implied term that the supplier will exercise reasonable skill and care in delivering the services.
The 1982 Act requires the services to be provided to a satisfactory quality and fit for the purpose intended. Therefore, if Abigail can establish breach of these implied terms she will have a claim for breach of contract. The fact that the broadband connection was very poor will operate in Abigail’s favour in establishing breach.
Alternatively, as the contract is a business to consumer contract and was concluded via telephone, it will constitute a contract at a “distance” under Regulation 3 (1) of the Consumer Protection (Distance Selling) Regulations 2000 (the Regulations). Most importantly for Abigail is the 7 day cooling off period provided by the Regulations, which enable consumers to cancel the contract during a seven day period. Whilst the Regulations permit businesses to stipulate the conditions and procedures for withdrawal, the right to cancel cannot be derogated from and information regarding the procedure for cancellation must be supplied to the consumer (Regulation 11). As Abigail’s contract was for the provision of services, Regulation 12 provides her with the right to cancel within 7 working days from when the order is
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(“Common Law Essay Example | Topics and Well Written Essays - 2000 words”, n.d.)
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(Common Law Essay Example | Topics and Well Written Essays - 2000 Words)
“Common Law Essay Example | Topics and Well Written Essays - 2000 Words”, n.d. https://studentshare.org/miscellaneous/1560775-common-law.
The important decision in respect of contract can be said to be Smith v Hughes , wherein the courts laid down the subjective as well as the objective test was laid down so as to determine whether a contract was existent or not.
The common law will be applied only where it is impossible to choose between the parties to the litigation in accordance with the principle that where there is equal equity, the law shall prevail. Therefore, in a situation in which there is no clear distinction to be drawn between parties as to which of them has the better claim in equity, the common law principle which best fits the case is applied (Hudson, 2004, p.9).
People will work harder for appreciation than they will for money.
Recognition and communication are key elements in a successful company. Richard Ellsworth (2002) explores the corporate mentality and challenges the conventional wisdom that corporations should be dedicated to the creation of shareholder wealth.
(Eldon) In the early beginnings of common law it was for the most part a product of three English courts-King's Bench, Exchequer, and the Court of Common Pleas-"which competed successfully against other courts for jurisdiction and developed a distinctive body of doctrine." (Holmes)
Therefore this type of law is customary and provides the basic framework for a constantly changing legal paradigm that adjusts itself to new cases and appeals, but is still based on the principles of natural law combined with principles of civil law. "Civil law rests upon justice as its foundation, and hence civil law does not establish justice, but rather accepts it as the guiding light of legislation.
The Judicature Act 1873-1875 resulted in the integration of both of these laws into the new High Court of Justice. As a consequence of this act, one court exercised the principles of both common law and equity (Edwards, 2000). However, it is important to
ties arising out of breach of such duties or torts and the rights of persons suffering from such torts or being injured or suffering damages as a result of various sorts of tort. Courts have awarded damages to the injured and have also issued injunctions to prevent further
The author sates that as the United States gained the title of being a super power, more attention became focused on improvement of technology and industrialization leaving agriculture to a few. Oregon States is among such states. Poverty also contributes greatly to the increase in food insecurity in Oregon.
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