Case Scenario - Essay Example

ed Price (Brodgate, commercial law 3rd edition 2000 pg 225).Therefore is important to note that for the contract of sale to be effected all elements required to form such a contract of sale must be fulfilled. In the prevailing case Posh and Beck have given checklist of what they want to be included in the property and what they do not want to be included. In other words the checklists serve as the instructions. They further authorized their agent’s i.e. solicitors and surveys to ensure that all that is included in the checklist is included in the sale of Easthorpe Manor or not included.

To the effect the appointed solicitors and surveyors failed to ensure that the instructions of buyers were adhered to. In this case the express terms of the agreement have failed and there is no contract of sale that can be affected. In British steel Corporation V.Cleverland Bridge and Engineering Co.Ltd, CBE entered into negotiations to buy steel from BSE for use in a construction project. The parties were unable to agree on all the terms of the contract, but CBE needed the node urgently and therefore asked BSC to commence manufacture and delivery immediately.

Pursuant to a letter of intent. When all but one of the nodes had been delivered, negotiations had not still been finalized .BSC retained the last node to strengthen their bargaining position and it became trapped as a result of strike. When it was delivered BSC claimed for the price of nodes and CBE counterclaimed damages for late delivery HELD. There was no contract at all.CBE were therefore entitled to claim a reasonable price for the nodes delivered, on a quantum meruit basis (1984) 1 All ER 504) In this case if all the requirements provided in the checklist of Posh and Beck are not provided for or included in the Easthorpe Manor house, they are entitled not to enter a contract of sale of the said home.

Their requirements for the basis of acceptance and if they are not offered to their satisfaction then no contract