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

English Contract Law - Case Study Example

Cite this document
Summary
The objective of English Contract Law is to provide for a remedy to the parties if an agreement is not carried out in total or is carried out in violation of the laid out terms of the agreement. There is no legal necessity to provide for written terms as per the existing English Contract Law…
Download full paper File format: .doc, available for editing
GRAB THE BEST PAPER92% of users find it useful
English Contract Law
Read Text Preview

Extract of sample "English Contract Law"

Download file to see previous pages

Invoice sent by the company included the note which stated that the terms of the contract shall be adhered according to the original quotation. As per the original quotations Gordon has clearly specified that the servers with latest processors and maximum storage capacities are to be delivered within one month of the order and also sent the payment under the contract with the specific instruction that 'contracting under my specification'. Therefore the company is under an obligation to deliver within one month and since the delivery is not made within a month there is a clear violation of the contract.

In addition there is the violation of the contract specifications as to the quality of the servers also. Since the company has sent servers which did not meet the requirements of Gordon with respect to energy sufficiency and without latest processors the company has made a second violation of the contract. The company Dodgy has fulfilled only the maximum storage capabilities requirements of the servers. The failure on the part of the company to supply the servers with the required specifications gives rise to different remedies under the contract law to Gordon. . In this instance Gordon is entitled to the right of withdrawing from the contract since he has expressly made his desire to procure servers with energy efficiency and latest processors.

Therefore these terms of specifications to the servers become the terms of prime importance to the contract and the failure to meet these terms entail the cancellation of contract by Gordon.In an alternative situation if Gordon has not made specific request for the supply of servers with energy efficiency and latest processors, he cannot repudiate the contract as there will be a case of breach of warranty only. The issue that Gordon has specified the requirements and Dodgy has not fulfilled them has resulted in a breach of the condition and therefore has altered the nature of the contract.

In addition the contract would be treated as void as it is made by misrepresentation. Dodgy has made misrepresentation about its products to Gordon and Gordon has ordered the supply in utmost good faith. Since by the supply of servers not meeting the specifications Gordon has been misled by the company and Gordon therefore is entitled to treat the contract void. An additional point to consider here is that the misrepresentation by the company as regards the quality of the product is not an innocent misrepresentation but one made with the specific intention of making Gordon believe that.

It is unlawful on the part of Dodgy to enter into a contract with Gordon for the goods which the company may not be able to supply at all. Even though there are mistakes committed by both the parties with regard to the terms of the contract, the contract needs to be terminated as there is no identity of minds ('consensus ad

...Download file to see next pages Read More
Cite this document
  • APA
  • MLA
  • CHICAGO
(“English Contract Law Case Study Example | Topics and Well Written Essays - 1000 words”, n.d.)
English Contract Law Case Study Example | Topics and Well Written Essays - 1000 words. Retrieved from https://studentshare.org/miscellaneous/1516428-english-contract-law
(English Contract Law Case Study Example | Topics and Well Written Essays - 1000 Words)
English Contract Law Case Study Example | Topics and Well Written Essays - 1000 Words. https://studentshare.org/miscellaneous/1516428-english-contract-law.
“English Contract Law Case Study Example | Topics and Well Written Essays - 1000 Words”, n.d. https://studentshare.org/miscellaneous/1516428-english-contract-law.
  • Cited: 0 times

CHECK THESE SAMPLES OF English Contract Law

Consideration as the Badge of Enforceability for a Contract in English Law

However, while this aspect is a principal requirement in the English Contract Law, there are further assessments that might be made; in spite of the mere fact that consideration really existed in the contractual agreement, which then nullifies the agreement as unenforceable.... Therefore, while consideration forms a fundamental building block as far as the English Contract Law is concerned, it has emerged that it is not indispensable, and thus there are circumstances under which the courts can regard a contractual agreement that did not entail consideration to be legally binding, while also nullifying a contractual agreement that involved consideration as unenforceable in law (Gillies, 1988 p....
10 Pages (2500 words) Essay

Implied Terms and Sales of Goods

The basic principles of English Contract Law are the right to freedom of contract within the law and the basic need for some kind of certainty.... But one who trades with a few countries only, or is about to make a big deal, will sometimes try to obtain information on the foreign contract law or law that come into question.... In the countries of the European Union where the trade has increased many times since the Common Market was established, unification of the contract law will become more urgent the more the trade grows....
10 Pages (2500 words) Essay

English Contract Law - Walford v Miles

The aim of the work is to try to identify the key contract law case in the English Contract Law in the 20th century.... hellip; Miles and its meaning is in revisiting the principles of good faith in the English Contract Law. It is stated, that connection of the legal rights and good faith principles have always been a problem for English Contract Law (Feinman, 1983) and a word for an English businessman has always been his bond in any business relationships....
6 Pages (1500 words) Case Study

English Contract Law

The buyer (the individual or organization who buys or agrees to buy the Goods from the Seller) has the option to appeal this case in English court of law because in any contract (a promise or set of promises which the law will enforce (Pollock, 1952)) made between two persons or… parties even though it is mainly intended to provide for stream lining and convenient mechanism of transaction but is governed ultimately by English Contract Law.... The case can be filed against the seller as it violated both English Contract Law and unfair contract terms act (1977)....
8 Pages (2000 words) Essay

Contract Law and the Civil Justice System

This research essay will investigate how various… provisions of English contract laws are interpreted to the favour of rich individuals and big companies and also stress the need to revamp the century-old contract laws. The English Contract Law remains unfair and this can be demonstrated in the case of pre-incorporation Pre-incorporation contracts are those contracts which are entered by the founders of a company before its existence or before its incorporation.... The legal status of the pre-incorporation contracts under English common law is that it is illegal and cannot be approved or ratified or adopted the advantages of the contract which has been entered into on its behalf before its incorporation....
11 Pages (2750 words) Essay

The Concept of English Contract Law

om in connection to the counter claim of payment of £650,000 for contract value price less the costs assigned to task (V) that was not completed and a further £100,000 in damages for wrongful termination from completing the work.... hellip; The paper will also seek to establish whether there was wrongful termination or not according to the provisions of the contract and whether Lastly, this paper will establish whether is a liability on the part of A.... According to the agreement the contract was to be performed by 1 September, 2013....
9 Pages (2250 words) Essay

Damages Awards in Law of Contract

In the United Kingdom, contracts and agreements are governed by a body of law called the English Contract Law.... In contract law, the injured party has to prove that the damages suffered directly arise from the breach.... This law is regulating contracts across England and Wales.... This law is widely shared by… It should be that this law is experiencing gradual changes due to the UK's membership of EU and other international organizations like Unidroit....
9 Pages (2250 words) Essay

Analysis of Law of Contract Cases

Samson, Diana, and Maggie are under contractual obligations to buy computers from Abdul according to the English Contract Law.... The English Contract Law clearly mentions that the buyer and seller have to bind themselves to the terms and conditions mentioned at the time of the notice or contract and the persons violating the same may be punished under the legal system (Bradney et al.... Had they agreed to purchase, Abdul also would be considered to bind to the contract law provisions for selling his computer according to the terms and conditions mentioned in the notice placed in the University notice board....
7 Pages (1750 words) Assignment
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.
Contact Us