contract law case study assignment

Contract Law: Analyzing Real-Life Examples and Case Studies

Contract law task partner controls understandings, guaranteeing solidness and consistency in intelligence through guarantees making enforceable commitments for exchanges. Key components of a substantial contract incorporate offer, acknowledgment, thought, lawful capacity, and legal reason, managing enforceability and rights in case of breach. Different contract sorts incorporate express, inferred, one-sided, respective ascension, supporting in arrangement, and debate determination through translation, execution, breach, and cures. It advances belief, certainty in commerce, decency, and equity in lawful relations. Significant in financial exchanges, it maintains rights, and steadiness, and contributes to societal capacities, guaranteeing parties meet their commitments. Generally, Examples of contract law tasks offer assistance is principal in keeping up arrangements inside lawful frameworks, fundamental for businesses and people alike.

Significance in Legal Transactions

Contract law encourages trade exchanges by making understandings that oversee dangers and commitments for deals, administrations, and mergers.

Genuine bequest contracts layout terms like property exchanges, leases, and contracts to ensure buyer, vendor, and tenant interface.

Employment contracts clarify job terms to prevent conflicts and define the employer- employee relationship.

Consumer contracts promote fairness by protecting buyer rights with warranties and dispute resolutions.

Fundamental Concepts in Contract Law

A clear willingness to enter a contract with specific terms communicated to create a legal obligation.

Agreement to the offer with terms communicated to the offeror, forming a binding contract.

Value exchanged in a contract, such as promises or transfer of goods/services/money, is required for validity and enforcement.

Legal capacity is necessary for all parties in a contract, including age, mental competence, and absence of duress.

Contracts must have a legal purpose and cannot involve illegal activities.

Parties must have a genuine intention for a contract to be enforceable.

“Two case studies from real life that demonstrate how contract law principles are applied”

1. Carlill v. Carbolic Smoke Ball Company (Case Study Examples of Contract Law, 1893)

The Carbolic Smoke Ball Company advertised their flu-treating product offering a £100 reward for users who still feel ill. Mrs. Carlill used the product as directed but still got sick leading her to sue. The court ruled the ad as a unilateral offer accepted by Mrs. Carlill’s use of the smoke ball. This case highlights the importance of language and context in contract law when determining offer and acceptance validity from advertisements.

2. Roffey Bros & Nicholls (Contractors) Ltd. v. Williams (1991)

Williams was hired by Roffey Bros & Nicholls to renovate apartments and faced financial issues but didn’t finish on time. Roffey agreed to pay more for timely completion then refused. Consideration and Promissory Estoppel applied. Court inspected on the off chance that the guarantee of additional cash was substantial though. It ruled the guarantee may be substantial if it profited Roffey. The case recognized commonsense benefits as substantial thought extended thought teaching and emphasized promissory estoppel.

Students find contract law assignments difficult because of the complicated legal ideas and principles concerned. Understanding case regulation is vital for applying and interpreting precedent. Contracts vary from fundamental to complex involving more than one event. Legal studies capabilities are vital for locating applicable laws and courtroom rulings. Writing sturdy arguments and efficaciously communicating evaluations are crucial skills for success in settlement regulation assignments especially for college kids new to criminal research.

Introduction to Resources and Services Offering Assistance

Students dealing with challenges with contract regulation assignments can utilize diverse resources for help:

Google Scholar provides statutes, case regulations, and felony commentary online resources.
University libraries provide large felony collections and steerage from librarians for locating relevant materials.
Academic tutoring offerings offer personalized help with contract regulation ideas, case evaluation, research, and writing skills.
University writing centers assist with structuring arguments, refining writing style, and mentioning prison assets effectively.
Professional writing offerings online can offer custom-written contract law assignments helper that are tailor-made to students’ desires beneficial for tight time limits or additional help.

Exploration of different types of offers and their legal implications.

Examples of an offer in contract law take specific paperwork with specific criminal outcomes. Advertisements, process offers, public sale bids, buy offers, reward gives and negotiation gives all have awesome implications. Advertisements may be presented with specific terms processes are examples of offers in contract law to create employment contracts when typical auction bids are finalized with the aid of the auctioneer’s statement and purchase and praise form binding contracts upon popularity. Understanding these versions is important for clean and enforceable contracts.

Examination of consideration as a crucial element in contract formation through examples.

Consideration is an essential element of agreement law and may take numerous bureaucracy. Examples of Consideration in Contract Law would possibly contain economic prices for items or offerings like buying a telephone. It may also involve acting services consisting of a house owner hiring a contractor for renovations. Mutual guarantees or forbearance like no longer suing in alternate for debt reimbursement also matter as attention. Surrendering criminal rights or pleasant present duties underneath new phrases are further times. Consideration is crucial for developing enforceable contracts by way of making certain price changes between events.Understanding Types of Contracts in Business Law

Contracts in enterprise law alter commercial interactions of numerous sorts for specific purposes. Express contracts have simply said terms through verbal or written agreements.

Different types of contracts in business law, for example, rent-implied contracts are inferred from moves which include a client buying items at checkout. Unilateral contracts involve one birthday party’s promise for every other birthday celebration’s unique act like imparting praise. Bilateral contracts include mutual guarantees like a provider handing over goods to a store. Executed contracts have all parties fulfill obligations like a dressmaker finishing a challenge. Executory contracts have responsibilities pending like a contractor building an office. Voidable contracts may be voided for legal motives like a minor voiding a vehicle purchase Understanding. Types of Contracts is important for companies in prison agreements for readability and safety of rights.

Analysis of cases involving misrepresentation and its consequences in contract law

Misrepresentation occurs whilst one birthday party gives the alternative the incorrect impression of a fact in an attempt to get them to signal a contract. Here are a few instances of examples of misrepresentation in contract law cases and their respective outcomes:

Case 1: A vs B (Example of Innocent Misrepresentation) Details: A miscalculated the mileage of a used car that B purchased claiming it had simply driven 20,000 miles due to an odometer blunders.

Consequences: Based on A’s sincere perception in the fake statement, B may additionally cancel the agreement if the misrepresentation is fabricated and damages will also be granted.

Case 2: Example of Negligent Misrepresentation: X v. Y Details: Y, a real property broker falsely states that a residence has by no means flooded. On the premise of this record X purchases the land. Johnson reveals later that the assets flooded within the beyond because of Y’s negligent misrepresentation.

Consequences: X can also request the cancellation of the settlement and pursue damages for any losses brought on by way of Y’s deception.

Detailed examination of examples showcasing fraud, duress, and undue impact in settlement law.

Contracts are voidable with the aid of fraud, coercion, and undue affect. The following are instances of fraud, duress, and undue affect that exhibit each idea:

Examples of fraud in contract law: A providing false financial statements to B during business negotiations, hiding debts and liabilities. If B can show A intended to deceive and induce him, the partnership contract may be voided for fraud.

Examples of duress in contract law: X threatened harm unless Y sold property at a reduced price. Y can void the contract if duress is proven, seeking relief to cancel it in court.

Undue Influence

Examples of undue influence in contract law: A financial advisor exploited their relationship with an elderly client to manipulate him into signing over most of his estate. If D can show this abuse of trust, the contract may be voided for undue influence, giving him back control of his estate.

Explanation of invitation to treat and representation with relevant examples

An example of an invitation to treat in contract law is not a binding offer in contract law but an invitation to negotiate or make an offer. Examples of offers in contract law include advertisements or displays of goods. On the other hand, a representation is a statement of fact during negotiations that leads to contract formation. Unlike contract terms, representations are not automatically part of the agreement unless stated. Examples of representation in contract law, an automobile sales clerk misleadingly claiming low mileage to make a sale. Examining Invitation to Treat and representation is crucial in determining a legally binding agreement and parties’ responsibilities.

Case studies illustrate situations where mutual mistake affects contract validity

In terms of agreement law, mutual mistake takes place when events misunderstand a crucial element that is vital to the settlement. Case research exhibits how it influences the validity of contracts.

Examples of Mutual Mistakes in Contract Law

In S v. K, the agreement became void because both events misunderstood the fee of the cow, believing it to be barren when in reality it changed into pregnant.

A miscommunication concerning the ship to which the contract pertained resulted in a null and void agreement in R v. W. According to D v. B, a rent was voidable due to the fact both parties concept the mill’s machinery became nevertheless operational. To avoid legal pitfalls in contract law , it’s miles vital to recognize agreements, as these examples demonstrate.

Important components of contract regulation are giving attention, an invitation to treat, illustration, mutual mistake, fraud, duress, and undue impact. Understanding these concepts is essential for effective felony agreements. Further exploration of settlement law can beautify comprehension of rights and duties. Seek professional guidance for deeper knowledge and help with assignments in this dynamic field.

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The key English contract law cases of 2020

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It has been a most unusual year. In response to the global pandemic, the Cabinet Office issued Guidance in the summer, encouraging contractual parties to act “responsibly and fairly” in the performance and enforcement of their contracts.

In a similar vein, the British Institute of International and Comparative Law (“ BIICL ”) has published three Concept Notes, the first of which noted that a plethora of disputes from the pandemic would be destructive to good contractual outcomes and the effective operation of markets. However, the BIICL also recognised that there are some cases which do require the involvement of the courts.

Inevitably then, there have been disputes which have made it to the courts this year: some which started before the pandemic hit; some borne of the pandemic itself (notably, the recent insurance business interruption case, which you can read about here 1 , and a case concerning material adverse effect clauses, which you can read about here ); and others that presumably just could not be resolved consensually. What can we learn from the decisions in these disputes? In this briefing we review this year’s important contract cases and consider what commercial parties can learn from them.

1. At the time of writing, we note that the Supreme Court heard a leapfrog appeal from the decision of the High Court from 16-19 November 2020. The judgment is pending.

Implied duties of good faith: plead at your peril.

Last year we noted that the law was still in a state of flux. One year on, is it any clearer when a contract will be subject to an implied duty of good faith? It’s fair to say the law still “has not yet reached a stage of settled clarity” ( Cathay Pacific Airways Ltd v Lufthansa [2020] EWHC 1789 ) with a continuing split between the two visions of this duty, namely:

that there is a class of “relational contracts” that are subject to a duty of good faith as a matter of law ( Essex County Council v UBB Waste (Essex) Ltd [2020] EWHC 1581 ), or
that such a duty will only arise where the strict tests for the implication of terms in fact are satisfied ( Taqa Bratani Ltd & Ors v Rockrose UKCS8 LLC [2020] EWHC 58 ).

Around these central themes, there have been various clarifications to the law. For example, in Morley v Royal Bank of Scotland Plc [2020] EWHC 88 (Ch) the High Court rejected a borrower’s argument that the bank had an implied duty to act in good faith towards it under a loan agreement. The Court held that this was not a relational contract of any kind but an ordinary loan facility agreement. The bank’s decision to call in the loan was the exercise of a contractual right, not a discretion (subject to the Braganza duty). The bank’s power to obtain a revaluation of the charged assets and its power to charge a default interest rate were discretions which had to be exercised for purposes connected to the bank’s commercial interests and not so as to vex the borrower maliciously (following Property Alliance Group Ltd v Royal Bank of Scotland plc [2018] EWCA Civ 355 ). On the facts, they had been exercised properly.

Similarly, the courts continue to treat references to good faith in some clauses as evidence that a wider overarching duty of good faith should not be implied into the agreement (see Russell v Cartwright [2020] EWHC 41 (Ch) ).

Perhaps most important is the nature of any duty of good faith. While this is sometimes described in broad terms, for example to “adhere to the spirit of the contract, to observe reasonable commercial standards of fair dealing, to be faithful to the agreed common purpose, and to act consistently with the justified expectations of [the other party]” ( CPC Group Ltd v Qatari Diar Real Estate Investment Company [2010] EWHC 1535 ), the courts have recently made it very clear that the assertion that a party has not acted in good faith is a serious allegation.

In Essex County Council v UBB Waste (No. 3) [2020] EWHC 2387 (TCC) the courts suggested this was, put colloquially, an allegation of “sharp practice” . To make such an allegation without proper foundation was out of the norm and justified an order for costs on an indemnity basis.

What does this mean for you?

Good faith is still an evolving area in English law. Until we have greater clarity, it is worth considering whether your contract might be classified as “relational” or whether a duty of good faith might arise under the rules for the implication of terms in fact. In either case, you might want to address the matter expressly. Finally, allegations of a breach of good faith are serious and should not be made without foundation, so plead at your peril.

Excusing liability

In times of crisis, contractual parties may have even greater reason to examine those parts of their contracts which may exclude or limit liability or offer defences to breach (such as force majeure provisions).

Force majeure and a variety of limitations

A recent dispute concerning the 2011 riots in London put all of these provisions under the spotlight. The High Court found that a warehouse operator had failed to use reasonable skill and care to protect the contents of the warehouse (CDs and DVDs), which were destroyed by fire during the riots. Could the operator rely on any contractual terms to excuse or limit its liability?

It was not able to rely on the force majeure clause since the fire was not a circumstance “beyond [its] reasonable control” . The Court found that, if it had acted reasonably, it could and should have prevented the fire.

Since the claims (for loss of profits, business interruption costs and increased cost of working, suffered as a result of the fire) were all direct (in that they were exactly the type of loss that one would expect to result from the breach), the clause excluding liability for “indirect and consequential loss” did not apply. A cap on liability for damage to goods was no protection either as the claims were not for damage to the goods themselves. However, an overall – aggregate – cap on all liability (of £5 million) was effective.

What does this mean for you? These types of clauses are very topical in the current uncertain times and always need to be drafted carefully. This case reminds us that the position of commercial parties will depend upon the exact terms of the contracts, applied to the facts of the situation.

Where can you read more? See 2 Entertain Video Ltd & Ors v Sony DADC Europe Ltd [2020] EWHC 972 (TCC) .

Indirect and consequential loss

Another recent case highlights just how useful an exclusion of “indirect and consequential loss” could have been, if only it had been included.

A contractor terminated a construction contract for breach by its employer (on the basis that the latter had failed to provide a prepared site for the water treatment plant that was to be built). The Board of the Privy Council held that the contractor was entitled to recover, as damages for breach, the loss of profits that it would have made under an operation and maintenance contract for the same plant had it been built. These losses were not too remote (and fell within the second limb of Hadley v Baxendale [1854] EWHC Exch J70) as they were within the reasonable contemplation of the parties to the construction contract when that contract was entered into (on the same day as the operation and maintenance agreement).

What does this mean for you? When entering into related contracts, it is vital to consider the exact relationship between them, including the consequences of a termination, breach or force majeure scenario arising under one of them and the knock-on effects this might have. Exclusion of liability under a related contract might be achieved by an exclusion of indirect and consequential loss (depending upon the specific drafting) or expressly.

Where can you read more? See AG of the Virgin Islands v GWA [2020] UKPC 18 .

Loss of goodwill

It is also relatively common to see clauses exclude liability for “loss of goodwill”. The Court of Appeal decided that, in a commercial context, the ordinary legal meaning of “goodwill” was the good name and public reputation of the business concerned. If a contract intends the term to have an unusual or technical meaning (such as the accounting concept of goodwill) then that should be spelt out expressly.

This decision highlights how important it is to agree the meaning of (and clearly define) terms in agreements, particularly where something different from the ordinary legal meaning is intended.

Where can you read more? See Primus International v Triumph Controls [2020] EWCA Civ 1228 .

What is a reasonable condition of consent (and what is not)?

In a recent decision, the High Court considered the case law on contractual consent provisions, which often state that one party “shall not unreasonably withhold consent” to whatever is being requested.

If we call the party asking for consent, Party A; and the party being asked to give consent, Party B, the Court found that the authorities drew the following distinction:

while it may be legitimate for Party B to impose a condition to protect or compensate it for the impairment of a benefit it enjoys under the contract which would result from giving consent,
that is completely different to imposing a condition which would impair a right which Party A currently enjoys under the contract.

The contract was for the onshore pipeline transportation of hydrocarbons produced in the North Sea. The producer (Party A in our analogy) requested consent to amend its estimated production profile for transportation for the period from January 2021 to December 2040. The pipeline owner (Party B) stated that it was only willing to consent to the amendment if Party A agreed to an increase in the tariff payable under the agreement. Contractually, Party B was not entitled to “unreasonably withhold” its consent to the amendment. Was Party B therefore acting contractually or non-contractually by seeking to impose a tariff rise as a condition to giving consent?

The Court found that Party A was both entitled and obliged to tender its hydrocarbons for transportation at the contractual tariff for the duration of the agreement, which would continue until terminated on one of the contractual bases set out in the agreement. The terms did not limit that entitlement and obligation to the period up to 2020. In those circumstances, it would be inconsistent with the terms and scheme of the agreement if Party B was entitled to make its consent to the amendment conditional on a fundamental revision of the parties’ bargain in the form of a new tariff. Party B was acting non-contractually.

This decision clarifies that a condition might be reasonable as a prerequisite to giving consent (e.g. to make up for something lost by the consenting party as a result of the change). However, a party cannot use a consent request as an opportunity to renegotiate terms or impose an unrelated change on the other party. It may be preferable to make this clear in the drafting of any relevant provision, by stating that consent cannot be unreasonably withheld or delayed, or made subject to additional conditions.

Where can you read more? See Apache North Sea v INEOS FPS Limited [2020] EWHC 2081 (Comm) .

How will the Courts determine the law applicable to an arbitration clause?

The Supreme Court recently provided the answer to this question in a landmark decision.

An arbitration clause is generally regarded as legally distinct from the main agreement in which it is contained (and the Rome I Regulation excludes arbitration and choice of court clauses from its scope). In England, therefore, common law conflict of laws rules apply to determine the law applicable to the arbitration agreement. Under those rules that will be: (i) the law expressly or impliedly chosen by the parties; or (ii) in the absence of such choice, the law “most closely connected” to the arbitration agreement.

Where the parties have not specified the law applicable to the arbitration agreement, but they have chosen the law to govern the contract as a whole, this choice will generally also apply to the arbitration agreement, rather than the law of the seat of the arbitration (as the Court of Appeal had held). But where the parties have made no choice of law to govern the arbitration agreement, either specifically or by choosing the governing law of the contract, the closest connection test will, in general, lead to the arbitration agreement being governed by the law of the seat of arbitration.

The potential for issues regarding what the applicable law of an arbitration clause is arise most frequently where the law governing the main contract and the place of the seat do not “match”. To remove the room for debate, parties, where the seat of arbitration is in England and the law of the contract is not English, therefore frequently consider using an express choice of law to govern the arbitration clause. Often, this is in favour of the law governing the main contract (the benefits of consistency with that law being something touched upon by the Supreme Court in its judgment). That approach should not change. The Supreme Court’s clarification of this area is welcome but is a general interpretative approach. Therefore, in such cases, an express designation still carries the value of some increased certainty (it will, of course, always be necessary to ensure the clause is properly drafted and works under the chosen law).

Where can you read more? See Enka Insaat Ve Sanayi AS (Respondent) v OOO Insurance Company Chubb (Appellant) [2020] UKSC 38 , and, for our ArbitrationLinks coverage see here .

What stays and what goes in assignment and novation?

The High Court held that an assignment by a contractor to an employer of “ the subcontract ” was an assignment of both (a) accrued rights, and (b) future rights under the subcontract. This meant that when the employer claimed damages in the sum of £133 million from the contractor, the contractor was left without a contractual right to seek a direct remedy from the subcontractor (in principle, it would be able to claim contribution from the subcontractor under the Civil Liability (Contribution) Act 1978, but this would have to be considered, alongside the effect of any relevant limitation or exclusion provisions, at full trial). The Court also held that the assignment did not amount to a novation, so that the contractor’s obligations under the subcontract had not been transferred to the employer.

It’s imperative to think – in advance and before agreeing to do so – what the possible effects of a transfer of rights might be, so that you are not left without a clear remedy, should that be needed. The decision also contains a handy summary of some of the key aspects of assignment and novation:

Assignment:

Subject to any express restrictions, a party to a contract can assign the benefit of a contract without the consent of the other party to the contract.
The burden of a contract (the obligations under it) cannot be assigned but the principle of conditional benefit can apply so as to impose on the contractual assignee a positive obligation where such obligation is inextricably linked to the benefit assigned.
In the absence of any clear contrary intention, reference to assignment of the contract by the parties is understood to mean assignment of the benefit of both accrued and future rights.
It is possible to assign future rights only, but clear words are needed for that.
Novation occurs when the original contract between A and B is extinguished and replaced by the creation of a new contract between A and C.
Novation requires the consent of all parties to the original and new contract. Consent can be given in the original contract, but clear words are needed.
The terms of the new contract must be sufficiently certain to be enforceable.
In every case the court must construe the contractual arrangements to give effect to the expressed intentions of the parties, using the established rules of construction.

Where can you read more? See Energy Works (Hull) Limited v MW High Tech Projects UK Limited and another [2020] EWHC 2537 (TCC) .

Notices: the devil in the detail

A share purchase agreement provided that the sellers would pay the buyer an amount equal to any tax liability which arose in certain circumstances, provided that, when making a claim, the buyer provided written notice stating “ in reasonable detail ” the matter which gave rise to the claim, the nature of such claim and (so far as reasonably practical) the amount claimed. The buyer gave notice of a claim to the sellers, referring to an investigation begun by the relevant tax authorities and gave a chronology of key milestones. Was this enough?

The High Court noted that the “reasonable detail” requirement amounted to an obligation to provide sufficient information so that the sellers, acting reasonably, knew what matter gave rise to the claim as well as the nature of the claim and, if reasonably practical, the amount. On the facts, the notice was insufficient. It contained no indication of the relevant facts, events or circumstances giving rise to the claim. Reference to the tax investigation was insufficient, and did not import all the tax authority’s comments and allegations, even if they were known to the sellers’ representatives. There had to be some indication of how the claim arose out of the facts identified.

Requirements to provide details usually mean that more, rather than less, should be included. It might help to consider what the purpose of the notification is and what it is that the recipient will need to know in order to respond or take a matter forward.

Where can you read more? See Dodika Ltd & Ors v United Luck Group Holdings [2020] EWHC 2101 (Comm) .

Waiver by election: understanding the boundaries

Rights can sometimes be lost by waiver by election: where a party has alternative, inconsistent rights, has knowledge of the facts which give rise to them and acts in a way which is only consistent with its having chosen to rely on one of them, it will be taken to have waived the other right ( Kammins Ballrooms Co Ltd v Zenith Investments (Torquay) Ltd [1971] AC 850 ). This explains why a party who communicates unequivocally an intention to continue with performance thereby loses the right to terminate a contract (instead, it is taken to have affirmed the contract).

A recent decision of the Privy Council is an important, and topical, illustration of the boundaries of the concept of waiver by election and highlights that it isn’t always applicable.

The parties entered into a fuel supply agreement against the backdrop of a potential closure of a refinery which supplied petroleum to the seller. The seller had a specific contractual right in a “Performance Relief” clause (effectively, a force majeure clause) to withhold, reduce or suspend deliveries to the extent it thought fit where necessitated by, amongst other things, the closure of the refinery.

When the refinery gave notice to the seller that it was closing, the seller notified the buyer but carried on supplying fuel, purchased and shipped from elsewhere while negotiations took place between the parties (as the seller sought a price increase to offset its higher costs). When these negotiations broke down, the seller sought to rely on the clause. The buyer argued that the seller’s rights had been “exhausted” after the seller had continued making deliveries. The Board of the Privy Council disagreed: waiver by election did not apply here. The seller’s right to claim performance relief did not present the seller with a binary, all-or-nothing choice between, on the one hand, putting an end to all the parties’ obligations or, on the other hand, treating all those obligations as still binding. Instead, it had a range of options: at one end of the scale, the seller might merely delay a delivery of fuel; at the other extreme, the seller might decide to cease all further deliveries under the contract, as eventually happened.

In situations where a party is faced with deciding whether to exercise a contractual right or not, whether taking one course of action will constitute a “waiver” of its other right(s) will ultimately turn on whether the rights are truly inconsistent with each other. Parties who want to make it clear that any action they are taking is to be without prejudice to their other rights should say so expressly, in writing. It should also be kept in mind that in these types of situations, estoppel can be relevant – for example, if the seller had unequivocally represented it would not withhold deliveries under the supply agreement despite the closure of the refinery, it might have lost its right to performance relief by waiver by estoppel. There was no argument, however, that this was so in this case.

Where can you read more? See Delta Petroleum v BVI Electricity Corporation [2020] UKPC 23 .

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Contract Law: The Case Study Essay

A contract is a mutual agreement of obligation between two people or parties reaching consent. In most cases, such commitments are enforced by the law. The arrangement involves one side making an offer, which the other party accepts. A contract consists of such elements as offer and acceptance, appropriate consideration, and legality (Eisenberg, 2018). The parties involved should also have the contractual capacity to commit to the pact. Applying the law in contracting means that there are consequences if any participant forfeits the rules pertaining to the engagement. Therefore, breach of contract necessitates legal measures for failing to honor the deal or hindering the execution of the promise by the other party. This negligence is a case of punitive damage for which the complainant requires compensation for money and time wastage.

The scenario presented involves two individuals, Johnny, who is not a merchant under the Uniform Commercial Code, and his neighbor Mark, from whom he offers to buy a car for $30,000. The latter requires some time to consider the offer to which Johnny agrees and puts down in writing that his proposition is going to remain open for fourteen days. After a week, Johnny sees another car that fascinates him, buys it and informs Mark of his intention to revoke the initial offer. In response, Mark insists that Johnny’s proposal was in writing and still holds it. Johnny apologizes, saying he cannot keep the agreement but promises to give mark $10,000 for the assistance that he had received from him in the previous year around the house. Appeased, Mark accepts only for Johnny to annul his second pledge after a week. The former decides to sue Johnny for breach of contract on the two commitments, buying the car and the $10,000 offer.

There was a valid contract between the two, but Johnny dissipated both Marks’s time and money. He Hastily offers to buy the car instead of informing him that he hasn’t made a final decision and needs to check more cars before settling on one. Johnny also made the mistake of writing down his promise to Mark. Purchasing a car requires a lot of research and inquiries instead of choosing the first option due to the availability of more varieties that might even be cheaper in the market. After being approached by Mark, Johnny should have told him that he had not made a final decision because he still wanted to look around; therefore, he was unwilling to commit. The promising note written by Johnny caused the car to be withheld from other customers willing to purchase it. Mark, the car owner, had the opportunity to sell the machine, but he had the integrity to hold it. Johnny’s actions concerning the car are wrong, and he deserves to pay for them.

There is evidence of an oral contract between Mark and Johnny, although it is related to the first agreement, which Johnny also broke. He acknowledges Mark’s help on his property and offers to compensate him, making the latter cancel his initial disappointment on the car contract. This agreement makes Johnny legally liable to atone for all the words he fails to honor.

Breach of a contract is concluded when a party involved fails to perform their role and doesn’t give a valid excuse. In this view, the elements of a contract are not fully satisfied; therefore, Mark has an entitlement to take legal action against Johnny (Luntz et al., 2017). Having kept his part of the agreement, Mark deserves compensation for indemnity.

Eisenberg, M. A. (2018). The Theory of Efficient Breach. In Foundational principles of contract law . Oxford University Press.

Luntz, H., Hambly, D., Burns, K., Dietrich, J., Foster, N., Harder, S., & Grant, G. (2017). Torts: Cases and commentary ( 8 th ed.). LexisNexis Butterworths.

Chicago (A-D)
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IvyPanda. (2022, October 13). Contract Law: The Case Study. https://ivypanda.com/essays/contract-law-the-case-study/

"Contract Law: The Case Study." IvyPanda , 13 Oct. 2022, ivypanda.com/essays/contract-law-the-case-study/.

IvyPanda . (2022) 'Contract Law: The Case Study'. 13 October.

IvyPanda . 2022. "Contract Law: The Case Study." October 13, 2022. https://ivypanda.com/essays/contract-law-the-case-study/.

1. IvyPanda . "Contract Law: The Case Study." October 13, 2022. https://ivypanda.com/essays/contract-law-the-case-study/.

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IvyPanda . "Contract Law: The Case Study." October 13, 2022. https://ivypanda.com/essays/contract-law-the-case-study/.

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What Is the Purpose of a Business Law Assignment Report?

The purpose of the business law assignment report is to provide foreign clients with the fundamentals of English law. The report is divided into two parts. The first part details the various sources of English law as well as specific laws which apply to every type of organization.

The second part explains the role of government in legislation and common laws used in the court of justice. The role of government assesses the superiority of the parliament, bill formation, passage of laws, and royal assent. Also, the common law and its application in court use case law and the doctrine of precedent as its legal structure. The report also includes statutory law and its application in legal processes and related legislation.

What Is the Purpose of Law?

The fundamental concept of law holds that laws are formed to maintain basic societal structure through specific behaviors. Violating these behaviors may lead to sanctions on the violator. The court of law or justice is responsible for identifying and measuring rules violations.

What Does the English Law Deal with?

The English law system deals with the following:

Legislation

What Is the Jurisdiction of the English Law?

The jurisdiction of English law is restricted to England and Wales. England and Wales's legal structure has primary and secondary legislative divisions.

What Is the Primary Legislation of The English Law?

The primary legislation of English law refers to laws created by the delegates of the English Parliament. These laws are similar to legislation created in the Scottish parliament or Ireland's assembly. Also, parliamentary delegates are empowered to create secondary legislation.

What Does Primary Legislation Include?

The primary legislation includes the following:

Public Act: Acts are passed in parliament after royal assent. Acts can either be old or modern. Examples of acts include the Housing Act 1963 and the Transport Act 2000.
Local and Personal Act: Local acts cover organizational benefits and corporate restrictions while personal acts cover divorce, grants of citizenship, name and title changes and others.
Church of England and Church Assembly Measures: The 1919 Power Act (UK) gives the Church of England parliamentary powers. It also includes the Clergy Measure Act and Beneficiary Act.
Privy Council : These form part of the royal limits. These laws are modified by parliament. They cover the appointments of the prime minister, civil services, overseas limitations under the provisions of the Civil Contingency Act, Government of Wales Act 2006, and the Statutory Instrument Act.

What Is the Secondary Legislation of The English Law?

Secondary legislation are laws created by delegates of primary legislative authority. They include national laws such as the Ireland Act of 1973, National Assembly of Wales Act, Warranty and Regulation Acts and so on.

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Business law assignment on Law of Contract (Case Solution)

Case solution for law of contract in business law and ethics.

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Contract Law Case Studies Assignment

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Contract Law Cases: 21 Leading Case on the Law of Contract

Post author: Edeh Samuel Chukwuemeka ACMC
Post published: November 11, 2019
Post category: Law Reporting

In today’s post, I will be sharing a list of some of the leading cases on contract law. This is basically to help scholars, lawyers and law students all of the world, find contract law cases so as to enable them consolidate their legal arguments, articles and points in law examinations. If you have been searching for cases to fortify your points in any matter that concerns contract, then search no further. Trust me; this article contains almost all the leading cases on the law of contract.

Nonetheless, before I move to the crux of this article, I would like to share some of basic information about the law of contract with you. This is also very pertinent because it will help you to understand the cases that will be mentioned here wholesomely. So what is a contract?

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Table of Contents

What is a contract?

Contract has been given different definitions by different people. According to Sir Fredrick Pollock , A contract is a promise or set of promises which the law will efforce. More so, the American Law Institute gave an elaborate definition in their paper titled “ Restatement of American Law: Contracts ” when they defined contract as “ a promise or set of promises, the breach of which the law gives a remedy, or performance of which the law in some way recognizes as a duty.”

In my view, “a contact is an agreement giving rise to obligations which are enforced or recognized by law”. Conversely, it should be noted that while every contract is ultimately an agreement, it is not every agreement that is a contract.

Characteristics of a contract

Below are some of the characteristics of a binding contract:

There must be an offer and acceptance (the agreement)
There must be an intention to create legal relations
There is a requirement of written formalities in some cases
There must be consideration (Except if the agreement is under seal)
The parties must also have the capacity to contact
There must be genuineness of consent by the parties to the terms of the contract
The contract must not be contrary to public policy

Also read : Fundamental human rights in Nigerian Constitution and cases

Classification of Contract

Basically, contract is classified into Simple contract or Formal contract. The two classifications of contract will be explained explicitly below:

Simple contract:

A simple contract is also called an informal contract. It is a contract, whether writen or oral, which is not under seal. It can also be implied from the conduct of parties. Simple contract are not binding except there is consideration. In a simple or informal contract, only a party who has furnished consideration can bring an action to enforce the contract.

Formal contract:

On the other hand, a formal contract is a contract which is reduced to writing, singed by parties contracting and impressed with a seal. It is also called a specialty contact or a deed. The basic features of a formal contract is to that it must be signed, sealed and delivered. These actions constitute the execution of a deed.

Now that you known what a contract is, the various types of contract and the characteristics of a contract, we will now see some of the leading cases in contract law.

Contact law cases

Below are some of the cases in the law of contract:

Carlill v Carbolic Smoke Ball Co

Andrews v hopkinson, fisher v bell, spencer v harding, central london property trust ltd v high trees house ltd, brodgen v metropolitan railway co., lampleigh v braithwaite, roscolar v thomas, stevenson v mclean, eastwood v kenyon, white v bluet, combe v combe, dela bere v pearson, read v dean, bournemouth athletic football club ltd v manchester united football club, tinn v hoffman & co, couturier v hastie.

Dunlop Pneumatic Tyre Co Ltd v Selfridge

Griffith v Brymer

Darkin v lee, startup v macdonald.

Yeah! Those are some of the leading cases in contract law. Nevertheless, as we continue, will be sharing with you the case summary of each of the cases mentioned in the list above with their citations. I enjoin you to read painstakingly so that you will achieve your purpose for reading this work. Now, below is the case summary of the leading cases in the law of contract.

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Citation : [1893] 1 QB 256

The case of Carlill v Carbolic Smoke Ball Co is a good illustration of a unilateral contract. In this case, the defendant were proprietors of a medical preparation called “ The Carbolic Smoke Ball” . They advertised in various newspapers and magazines offering to pay €100 to any person who contracted influenza after using the ball three times a day for two weeks.

They added that they had deposited €1,000 at the Alliance Bank, Regent Street, to show their sincerity in the matter. The plaintiff, a lady, used the ball as was advertised and was attacked by influenza. She sued for €100 and the company agured that there was no intention to create legal relations.

The court held in favor of the plaintiff and said that the fact that €1,000 was deposited at the Alliance Bank, shows that there was an intention to create legal relations.

Citation: [1956] 3 All ER 422

The case of Andrews v Hopkinson is one of the contract cases that explains where a collateral contract will fail with the main contract. Apparently, a collateral contract is a preliminary contract which is usually oral and forms the reason or the inducement for the making of another related contract.

In the case of Andrews v Hopkinson, the collateral contract failed with the main contract. Here, a dealer said to the plaintiff, “ It is a nice little bus, I would stake my life on it. You will have no trouble with it. ” The plaintiff entered into a written hire-purchase contract with a finance company. The car was not roadworthy. The court held that the dealer was liable.

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Citation: [1960] 3 All ER 731

The case of Fisher v Bell is a contract case that is usually used to explain the difference between an invitation to treat and an offer. In this case, the respondent, shopkeeper, displayed a knife with a price tag. He was charged for offering to sale a knife contrary to section 1(1) of the Restriction of Offensive Weapons Act 1959 .

The question that arose for determination in court was whether the display of this knife constituted an offer for sale within the meaning in the Restriction of Offensive Weapons Act 1959. It was held by the Court of Appeal that the display was an invitation to offer and so the shopkeeper was not liable.

Citation: [1870] LR 5 CP 561

In Spencer v Harding, the defendant sent out circulars inviting tenders to buy stock. The Plaintiff claimed that the circular was an offer to sell the stock to the highest bidder and that they had sent the highest bid which the plaintiff had refused to accept.

The court held that the circular was an invitation to treat and not an offer. Wiles J said thus: “ It is a mere attempt to ascertain whether an offer can be obtained within such a margin as the seller are willing to accept.”

Citation : [1947] KB 130

The case of Central London Property Trust Ltd v High Trees House Ltd is also one of the leading cases in the law of contract. This case changed the former rule of law in pinnel’s case. The case is usually referred to as the High Trees case or principle of Equitable Estoppel.

In Central London Property Trust Ltd v High Trees House Ltd, the plaintiff least a block of flat to the defendant at a rent of €2,500 per annum in September 1939. In January 1940 the plaintiff agreed in writing to reduce the rent by half because of war condition which had caused many vacancies in the flats. No express limit was set for the operation of this reduction.

From 1940 to 1945 the defendant paid the reduced rent. In 1945, the flats became fully occupied again. The plaintiff’s company then claimed the full rent, suing for rent at the ordinary rate for the last two quarters of 1945.

It was held by Lord Denning that, as agreement for the reduction of rent had been acted upon by the defendants, the plaintiff were estopped in equity from claiming the full rent from 1941 until early 1945 when the flats were fully let.

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Citation: [1877] 2 AC 666

This is one of the contract cases that is offen cited to backup the rule that a contract can be made by conduct. In this case, Brodgen had for many year supplied the defendant company with coal without a formal contract. Brodgen then suggested that the relationship be regularised through a formal contract. Metropolitan’s agent sent a draft agreement to Brodgen who inserted an Arbitrator’s name in the space provided for it, signed it and wrote it away in his drawer and nothing further was done to complete its execution.

Both parties acted on the strength of the terms contained in the draft, supplying and paying for the coal in accordance with its clauses until a dispute arose and Brodgen denied that any binding contract existed between them. The house of Lord’s held that a contract arisen by conduct.

Citation : [1615] Hob 105

In this case, the defendant, Braithwaite, had killed Patrick Mahume. He then requested the plaintiff to do all he could to obtain a royal pardon for him from the king. To this end, the plaintiff exerted himself and undertook a lot of journeys to and from London, incurring certain expenses.

He succeeded in obtaining the pardon and the defendant promised to pay him the sume of €100 for his trouble and expenses. It was held that the plaintiff was entitled to the sum as his services were procured at the defendant’s previous request an in circumstances in which it was responsible to expect that payment would be made for the services. Accordingly, there was consideration for the defendant’s promise.

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Citation: [1842] 2QB 234

To wholesomely discuss past consideration as a topic in the law of contract, the case of Roscolar v Thomas must be mentioned. In this case, the plaintiff bought a horse from the defendant. After sometime, the defendant promised the plaintiff that it was a sound horse, free from vice. The horse was in fact a vicious horse. The plaintiff sued the defendant for breach of promise.

It was held that the action will fail. If the promise had been given at the time of the sale, it would have been supported by consideration, but since it was given after the sales had taken place, the consideration which the plaintiff furnished was past and he had furnished no new consideration for the defendant’s promise.

Citation: [1880] 5 QBD 346

In Stevenson v McLean, the defendant offered on a Sunday to sell the plaintiff some quantity of iron. The offer was left open till close of business on Monday. On Monday, the plaintiff telegraphed ro ask for information. On that same Monday, at 10:00am, the defendant received a telegram but didn’t reply it. On that same day, the plaintiff accepted the original offer at 1.34pm. At 1.25pm the defendant revoked the offer by telegram. At 1.46pm the plaintiff received telegram of revocation.

On hearing the matter, the court held that the plaintiff first telegram was not a counter offer but a mere inquiry, so that the offer was still open when the plaintiff accepted it. The plaintiff had accepted the offer before the defendant’s revocation was communicated to him.

Citation: [1840] 11 Ad & El 438

Eastwood v Kenyon is the case in contract that is used to explain that moral obligation does not amount to consideration. In this case, the death of John Sutcliff left his infant daughter as his sole heiress. The plaintiff, as the girl’s guardian, spent money on her education and for the benefit of the estate, and the girl, when she came of age, promised ro reimburse him.

She then married the defendant, who also promised to pay. The plaintiff sued the plaintiff on this promise and the court dismissed the action, reiterating the rule that moral obligation does not amount to consideration. The court noted that if the notion is accepted it would destroy the requirement of consideration as the law requires an additional element to the defendant’s promise. That element is consideration and it cannot be a mere moral obligation.

Citation: [1853] 23 LJ Ex 36

The case of White v Bluet explains the position that consideration in contract need not to be adequate by sufficient. In this case, a sun owned his father a sum of money. Subsequently, the sun harassed his father with frequent complaints about the way his father distributed his wealth among his children which was unfavorable to him.

The son then alleged that his father promised him that if he would stop complaining, he (the father) would discharge him from the debt and he stopped. The question before the court was whether this action of the son constituted consideration for the father’s promise. The court held that it did not because:

The father had a right to distribute his property in any manner he liked and so the son had no right to complain in the first place.

The son had no right to complain; thus is abstaining from doing what he had no right to do constituted no consideration for the father’s promise.

Citation : [1951] 2 KB 213

This is a contract case where the court held that consideration is an essential element of a binding contract. Here, a wife started proceedings against the husband for divorce and she obtained a decree nisi against the husband. The husband then promised to pay her an annual allowance of €100 free of tax as a permanent maintenance for her.

After the decree nisi was made absolute, the husband never kept his promise. Thereupon the wife brought an action against him to make him pay the money. The court held that she didn’t offer consideration for the husband’s promise.

Citation : [1908] 1 KB 280

In this case, the defendant placed an advertisement in the newspaper to give financial advice to readers. The plaintiff wrote, asking for the name of a good stockbroker. The editor negligently recommended someone who was an undischarged bankrupt.

On the strength of the editor’s advice, the plaintiff sent some money to the broker, who misappropriated it. The plaintiff brought an action in court seeking to recover his money from the the newspaper. The issue in court was whether the plaintiff furnished any consideration.

The court considered that many people bought newspaper because of that publication. It further held that the plaintiff had furnished consideration for the contract. The defendant could and did benefit from the plaintiff buying the newspaper and the plaintiff had also consented to the publication of his question in the defendant’s newspaper if the defendants wished to do so.

Citation: [1949] 1 KB 188

In the case of Read v Dean, the plaintiff hired the defendant’s moto launch for a holiday with his family on the river Thames. Two hours after he had set sail, the launch caught fire.

The firefighting equipment provided in the launch was out of order and the plaintiff suffered serious injuries and lost all his belongings on board. It was held that there must be implied into the contract of hire an undertaking by the defendant to make the launch as fit for the purpose of the hiring as reasonable care could make it, and that the defendant was therefore liable.

Citation: Vol Xi (2) Student Law Report 22

The case of Bournemouth Athletic Football Club Ltd v Manchester United Football Club is another popular case in the law of contract. In this case, a transfer agreement was made between the two football clubs. Under it, a footballer was to be transferred from Bournemouth to Manchester united for €194,445 in addition, a further sum of €27,777 was to be paid to Bournmouth if the footballer scored 20 goals in the first-team competitive matches. From October to December 1972, the football scored 4 goals in 11 matches. In December, Manchester United appointed a new manager who re-organised the team.

As a result, the footballer was transferred in early 1973 to Westham United Football club for €170,000. The plaintiff argued that the contract of the defendant in transferring the footballer was in Breach of the contract because there was an implied term in the contract that the footballer was entitled to a reasonable opportunity to score the goals. The court of appeal held that such term must be implied in order to give business efficacy to a contract.

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Citation: [1873] 29 LT 271

The court in Tinn v Hoffman & Co held that a cross-offer does not constitute a contract.

The facts of the case are as follows: the defendant wrote to the plaintiff offering to sell him 800 tons of iron at 69s per ton. The plaintiff wrote to the defendant, on the same day offering to buy 800 tons of iron at 69s per ton. The letters crossed in the post and the court held that there was no contract.

Citation: [1856] 5 HLC 673

This is the leading contract law case that stipulates the position of the law where there is a mistake as to the existence of the subject matter of the contract. In Couturier v Hastie, a man bought a cargo of corn which he and the seller thought at the time of the contract, to be in transit from Salonica to England, but which, unknown to them had become fermented and had already been sold by the master of the ship to a Tunis. It was held that the contract was void and the buyer not liable for the price of the cargo.

In the words of Lord Cranworth , “ The contract plainly imports that there was something which was to be sold at the time of the contract and something to be purchased. No such thing existing; I think the Court of Exchequer Chamber has come to the only reasonable conclusion upon it . ..”

Dunlop Pneumatic Tyre Co Ltd v Selfridge Ltd

Citation: [1915] AC 847

This is one of the leading contract cases that is associated with the principle of privity of contract. The principle states that only a party to a contract can enjoy right or suffer burdens partaining to the contract.

In Dunlop Pneumatic Tyre Co Ltd v Selfridge Ltd, the plaintiff sold tyres to a certain dealer on the understanding that he would not re-sell below a certain price and that in the event of a sale to customers the dealer would extract the same promise from them.

The dealer sole the tyres to Selfridge who agreed to observe the restrictions and to pay Dunlop €5 for each Tyre they sold below the restricted price. Selfridge in fact sold the tyres below the restricted price to a customer and Dunlop brought an action against them to enforce the promise to pay €5 per tyre, for each breach.

It was held that while Selfridge had committed to breach the contract between him and the dealer, Dunlop was not a party to this contract and had furnished no consideration for the defendant’s promise.

Citation: [1903] 19 TLR 434

This is one of the cases under Mistake as a topic in contract law. In Griffith v Brymer, a contract was made for the hire of a room on 26 June 1902, the day fixed for the coronation of King Edward VII, for the purpose of viewing the coronation procession.

At the time the contract was made, it was unknown to the parties, the decision to postpone the coronation had already been taken. Since the contract was merely for the hire of the room on 26 June to view the coronation procession, performance was impossible. The contract was held to be void.

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Citation: [1916] 1 KB 566.

This contract case explains the principle that where a party who performed his obligation defectively but substantially can sue for the contract price, but he will be liable to have deducted from the price the cost of making good the deficiency.

In Darkin v Lee, the plaintiff contracted to carry out repairs on the defendant’s house. He carried out the repairs but the work was not done in accordance with the contact’s specification. It was held that the plaintiff was entitled to be paid the agreed sum subject to a deductive equal to the cost of putting the defect right.

Citation: [1843] 6 M & G 593.

The rule of law in Startup v Macdonald is that; where the obligation under a contract is to deliver goods or render services, tender of such goods and services which is refused, discharges the party making the tender from any further obligation and enables him to sue for a breach of contract.

In Startup v Macdonald, the plaintiff agreed to sell 10 tonnes of oil to the defendant within the last 14 days of March. Pursuant to this agreement, the plaintiff delivered the oil to the defendant at 8:30pm on 31 March, a Saturday, but the defendant refused to accept the delivery because of the lateness of the hour.

It was held that the plaintiff made a valid tender of the goods and therefore discharged his obligations under the contract and the defendant was therfore liable in damages for non-acceptance of the goods.

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Final words

Those are some of the leading contract law cases you should know. Hope this article was able to give you exactly what you wanted. If you have any case you were really expecting to be in this list but was not mentioned here, kindly let us know using the comment section. Accordingly, share you comments and questions in the comment section too. I will be very glad to give you a reply.

Edeh Samuel Chukwuemeka, ACMC, is a lawyer and a certified mediator/conciliator in Nigeria. He is also a developer with knowledge in various programming languages. Samuel is determined to leverage his skills in technology, SEO, and legal practice to revolutionize the legal profession worldwide by creating web and mobile applications that simplify legal research. Sam is also passionate about educating and providing valuable information to people.

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Contract Law Case Study Problem Questions and Answers

Task: Richard has a specialist car dealership. He buys old cars, refurbishes them and then sells them. He also hires out cars.

Richard is restoring an old jeep. It requires a special type of shock-absorber to enable it to travel over rough ground. Richard phones Shocks Are Us. He says to Emma, the manager: “I need four shock absorbers which can be used for off-road driving” Emma consults a brochure published by the shock absorber manufacturer and “Says the D200 shock absorber can be used for off-road driving.”. Richard then agrees to buy four D200 shock absorbers for $ 120 each. When he installs them on the jeep and takes it for a test drive over rough country, the shock absorbers give way and the jeep crashes down, causing $ 2 000 worth of damage to its body. It turns out that when Emma gave Richard the information over the phone, she had been looking at the wrong page of the brochure. Had she looked at the correct page, she would have seen that the D200 is not suitable for off-road driving.

Richard operates his business from a premises which he has leased from George for $ 5 000 per month since January 2016. The lease specifies that the rent is to be paid to George every six months and that it will increase every year by 10%. Richard pays George $ 30 000 in June 2016 and December 2016, but then tells George that he is having financial difficulties and needs every dollar he can to buy equipment. George says “OK, I will let you off paying the increase this year”. Richard is pleased with this, and uses the money he would have had to spend on the rent increase to buy new tools. In June 2017, Richard pays $ 30 000 to George, but George contacts him demanding an additional $ 3 000. When Richard refers to their earlier conversation, George says “Whatever I said, the lease you signed specifies that the rent will go up by 10% each year”.

Tom is a collector of vintage cars. He sees that Richard has a 1979 Mercedes 450SEL for sale on his website, priced at $ 20 000. Tom sends Richard an email saying “I offer to buy the 1979 Mercedes 450SEL for $ 18 500”. Richard sends an email back saying “Sorry, that is not enough, but I will sell it to you for $ 19 000”. Tom sends an email back saying “No, I can’t pay that”. Richard then sends an email saying “OK, I accept your original offer of $ 18 500”, but when he brings the car to Tom’s house, Tom refuses to accept it or to pay the money.

When Richard goes on holiday, Martin looks after his car lot. Martin doesn’t have a car. However, a friend of Martin’s is about to visit town and he wants to be able to drive her around. Martin goes to Richard and says “Can I hire one of your cars?” Richard says “The usual price is $ 50 per day, but because you looked after my car lot in August, you can hire it at no cost. You can pick it up on Monday”. Martin is very pleased and readily agrees, but when he comes to pick up the car, Richard says that he has hired it out to a customer. Martin says that Richard has breached their agreement.

Advise Richard of his legal position in relation to each of these four scenarios. You should assume that all facts given would be provable if the matters came to court. You should also assume that when any of the people mentioned conduct business, they do so as sole traders, not through corporations.

A. Issue Issue 1: Richard bought 4 shock absorbers adapted for off road driving for his jeep paying $480 on the suggestion of Emma, the manger of Shocks Are Us. However, when he went for a test drive the shock absorber failed and the car crashed. The damages amounted to $2000. Now, the question is who is liable to bear the loss. Moreover another issue is whether Richard is liable to get any compensation or not.

Issue 2: Richard has been paying a rent of $5000 per month to George as rent for using his premises. The rent is supposed to increase 10% at the end of every six months. However Richard confesses in June that he would not be able to pay the increment due to obscurities in his business, George allowed him the wave off. However, in June 2017, George rang up and demanded extra 4300 from Richard. He disagreed to confirm to any verbal contracts and stated that the specifications of the lease paper would hold. This may be considered a breach of contract.

Issue 3: In the third case Tom’s initial offer of $18500 is discarded by Richard initially. In turn he demands $19000. However when Tom confesses that he is unable to pay the amount, Richard agrees to accept his previous offer. Accordingly, he brings the car to Tom’s place. However, at that time Tom does not accept the car and refuses to pay any amount.

Issue 4: Since Martin looked after Richard’s car lot in august, Richard allowed him to borrow a car without paying. However, when martin goes to pick up the car, Richard says that it has gone on hire. Martin considers this a breach of contract 1 .

B. Laws As per the contracts Act 1999 (section 18A) and the Sale OF Goods Act 1979 (section 14) word of mouth may be considered as a contract. Breach of the contract is equally punishable like breach of written contract. As evident from the Air Studios (Lyndhurst) Limited T/A Entertainment Group v Lombard North Central PLC (2012), the loss amount is liable to be paid by the Shocks on Us company. As per the oral modification clause of the Word of mouth Law, Richard is liable to receive the compensation amount if he is able to substantiate his loss amount via written documents 2 .

Again, in the second case a reference from the Thomas KELLOGG v. Cindy SHUSHEREBA (2013) case may be considered. Oren was forced to pay the alleged amount in that case. By the standards of the case Landlord and Tenant Act 1985 (Section 18), Richard is liable to pay the extra $3000 if the house owner George approaches the court and disagrees any wave off agreement. However, in case if Richard can produce any witness of the verbal assurance of George, the payable amount for him may lessen 3 .

Thirdly the example of the Uber v Aslam case may be cited. The appeal of the Uber drivers did not stand in front of the employment tribunal. As per this case, the issue of not accepting the pre-booked product may be considered. The issue is that Tom did not sign any purchase clause with Richard. As per the Product liability and safety law it is essential to seal a contract with a buyer at the confirmation of the purchase. Since, this was not done; the court is more likely to reject Richard’s appeal if he rings the court 4 .

In order to shed light upon the final case the Bolton v Mahadeva [1972] case may be considered. The appellant, in this case, received the contracted value minus the cost of defects. Similarly, in this case, Martin may also appeal that Richard has not kept his words. However, considering the frivolity of the case, the judge may ask the accused and the appellants to solve the dispute among them.

C. Application In the first case the Contracts Law 1999 and the Sale of Goods act 1979 may be used. As per the section 3 of the Contracts law 1999, the promissory may save her in this case. However, according to the Section 2 of the Contract Law 1999, the third party that is Richard may apply that the liability of this loss lies entirely with the manager Emma. The section 5 and the section 8 of the law may also be applicable. In that case the manager has higher chances of winning this case 6 .

In the second case, as per the Article 3A of the Landlord and Tenant act 1985, Richard should have given a written notice at least to the house owner stating his financial problem. Since no evidence can be produced in favour of the verbal rent waving, the decision of the court is likely to go in the favour of the landowner 7 . Thirdly in the case of Tom’s not accepting the act or paying for it, the word of mouth that he had given will not be considered as unconditional assent as per the Contract Law of UK 8 . In this situation, the liability of bringing the car at the doorstep of Tom will completely rest with Richard. Finally, in the case of Martin, the verbal offer may also be accepted as a kind of Contract for consumer credit by the judge. In case if Martin appeals to the court, the verbal contract of Richard with Martin may gain ground. However, since this is s petty case, the court may suggest the mitigation of the case by mutual contract 9 .

D. Conclusion This project highlights four issues which come under various law acts under the jurisdictions of the British court. As such, the law acts that are applicable to this case have been highlighted and verdicts of other similar court cases have been analysed also. Under this circumstance, the primary laws that have been applicable are the English Contracts Law, the Sale of Goods Law and the Consumer Protection laws. The possible scenario if these issues were converted to court cases has been discussed in detail.

[1]'Contract Disputes - John Antell - Barrister' (Johnantell.co.uk, 2018) accessed 3 December 2017

[2]Air Studios (Lyndhurst) Ltd (T/A Air Entertainment Group) V Lombard North Central Plc [2012] EWHC 3162(QB) (09 November 2012)' (Bailii.org, 2018) accessed 14 November 2017

[3]Https://Assets.Publishing.Service.Gov.Uk/Media/5A046b06e5274a0ee5a1f171/Uber_B.V._And_Others_V_Mr_Y_Aslam_And_Others_UKEAT_0056_17_DA.Pdf (2018)

[4]'Findlaw's Supreme Court Of Vermont Case And Opinions.' (Findlaw, 2018) accessed 15 November 2017

[5]'Bolton V Mahadeva' (E-lawresources.co.uk, 2018) accessed 9 November 2017

[6]'Bolton V Mahadeva' (E-lawresources.co.uk, 2018) accessed 9 November 2017

[7] 'Private Renting - GOV.UK' (Gov.uk, 2018) accessed 30 November 2017

[8]'Electronic Law Journals - JILT 2002 (2) - Desai Et Al' (Warwick.ac.uk, 2018) accessed 17 December 2017

9Brown S Brown, 'Book-Smart, Not Street-Smart: Blockchain-Based Smart Contracts And The Social Workings Of Law' (Blockchain Ascending, 2018) accessed 14 October 2017

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Contract Law Case Study

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Need Help with Contract Law Case Study? Here Are the Best Samples and Examples

Contract law is basically a legally enforced agreement. This agreement is made between two or more parties. They assume a legal obligation that has to be completed. Many things that are related to this law, such as buying a car, renting a property, and joining a workplace. This is a very important branch for students enrolled in law courses. If you are a legal student struggling to prepare a case study on contract law, then, avail help from Assignment Prime. We provide the best contract law case study .

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Before, we look into how we can help you with this, let us take a look at the contract formation. This is because it is the contract formation that acts as a foundation for your contract law case study.

What Are the Elements of a Contract Law Formation?

A contract law includes five essential elements in it, which are described below. Keep these elements in your mind while writing a case study in contract law to ensure it is of the right formation.

To establish a valid contract, the first step is to create an agreement that binds both the parties. Here in the agreement, an offer is made by one party which is accepted by other parties. This cannot be a unilateral contract. If you are writing a contract law case study, then ensure you include this point in it.

Consideration

This is the value exchanged between the parties. It can be any cost, property, or service that one party offers to the other in exchange of their offer. This is the value requested and offered between two parties undertaking the contact formation. Don’t know how to write a consideration? Refer to our contract law case study examples.

This is the ability of a person to enter into any legal agreement. People, under a certain age, having some medical conditions or under psychoactive substances are not eligible to get into any legal binding under some circumstances. Do you have any questions regarding this, then avail our services to get contract law case study answers.

The intention of all parties to enter into a legal binding is very important for this agreement. All the members of the parties should have the intention to enter into this legal relationship. If you don't know your professor's expectations for writing an impressive contract law case study, then reach to us.

Formalities

The legal contract binding requires some formalities to be fulfilled. The agreement should be clear, complete and certain for binding. Oblivious about writing a case study in contract law? Don’t worry; our expert writers can get you out of this.

These are the five important elements of a contract law formation. Do not forget to include these in your contract law case study.

If you are struggling with choosing a topic for your case study, then you need to look at what our experts have brought for you. Contract law termination, a crucial and interesting topic for your case study on contract law. Now, let us look into the conditions for contract law termination.

What Are the Conditions of Termination for a Contract Law?

According to the common law, every legal agreement should come to an end. That is, there should be either a fixed time period or another way out to complete it. This is known as contract law termination. It can help you write an effective case study. So, include these three categories of termination of the contract law case study.

Grant an Express

In this type of agreement, there are three conditions under which both parties agree to terminate the contract.

At Will - This includes granting right to terminate the agreement anytime.
Will Notice - This includes granting permission to terminate in compliance with a termination period.
Triggered by Events - This includes breach or non-fulfilment of the contract leading to its termination.

This grant an express should be mentioned in the contract to ensure it is legal to terminate. Do not miss this point in your case study on contract law.

Implied Termination Right

In case ‘grant an express’ is absent in the contract, the court finds out that this includes implied right of one or both parties to terminate it. In such a case, it is required to provide notice of termination. You should surely discuss this in your contract law case study to impress your professor.

Subsequent Agreement

In this type of contract termination, both the parties should willingly approve of releasing the other party from their obligations in the contract under some conditions.

Assignment Prime is an online assignment writing service provider which caters the academic need of students.

Factors Affecting the Termination of Contract Law

Here are some factors of employment relationships that the court considers for the termination of a contract if it does not include the right. Do not miss these factors of termination in your case study in contract law.

In case of absence of the right to terminate, a situation of breach arises, then the innocent party can terminate the contract. This termination again depends on the classification of the terms like condition, warranty and intermediate-term. If you are unsure how to discuss breach in your case study on contract law, avail our service. Our writers can help you with it.

Failure of Contingent Condition

If both the parties have signed a contract related to an event for which they cannot ensure of occurrence, then it may lead to the failure of contingent condition. Both the parties should give their best and try to fulfill the condition to avoid the termination of the contract. Oblivious of the contingent conditions, don’t worry. Experts of contract law case study can discuss them in your work.

Repudiation

If one party is unwilling or is unable to perform or meet the obligations of a contract, then the other party can terminate the contract under some conditions. Don’t know what those conditions are? Look into our contract law case study examples .

Frustration

When without the acknowledgement or fault of either party, a contractual obligation has become incapable of being performed, then frustration occurs. Frustrated with the law of contract case study and solution for this? Avail help from Assignment Prime , and we will take care of it.

It is based on the terms of the contract whether a delay can give rise to the termination of that contract. Avail our services and get contract law case study answers to know those terms that can result in the delay and the termination of the contract.

These are the five situations where, in the absence of the right to termination in a contract, the court can take charge of terminating the document. If you are stuck with your contract law case study, Assignment Prime is your go-to.

Why Should Students Take Contract Law Case Study Help from Assignment Prime?

Students face many troubles when it comes to writing a case study on contract law. This is where our expert writers come into the picture. They ensure you get the best quality work delivered. Wondering how? Here we go.

Here are the elements of a contract law to include in a contract law case study. Our writers ensure these elements are well written.

Introduction Clauses

This is the introduction part of your contract. This begins with a sentence like ”This agreement is made on...”. It comprises of date, name of the two parties and other information.

Defining Parties and Key Terms

Here, you discuss the parties. There should be two or more than two parties. Give details of both the parties and include the key terms of the contract.

Statement of Purpose

This is the time to state the purpose of this contract. Give a short and simple statement describing it.

Obligations of Each Party

Here, you mention the obligations of the involved parties. You can include them in detail. This is the key point of your case study on contract law.

Assurances and Warranties

This section is dedicated to the assurances part of the contract. Include all the necessary warranties related to the contract in detail.

Attachments

Then comes the segment of attachments. Attest any necessary attachments to the contract from each party and ensure it is safely pinned.

Signature Block

This is the last segment of your legal contract. Here, you get the signature of the members of each party, ensuring they have clearly read the contract and are willing to approve its application.

These are the seven elements of the ideal format of a case study in contract law. Our writers use this format for your document.

Legal terms

Here are some essential legal terms to keep in mind and not get confused about while writing a contract law case study. Our writers have years of experience and are well versed with these.

Contract - An agreement between one or two people on purpose.
Breach - Failing to perform any obligation in the contract without an excuse.
Offer - A proposal for an agreement.
Acceptance - An approval of a legal binding contract.
Performance - Action required to fulfil an obligation.

The format and legal terms of a contract are the important elements to perform a case study on this. So, if you are a legal student, struggling with your case study on contract law, then we can help you with it.

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Contract Law Assignment : Analyzing Case Study Using Ilac Method

On September 5 Robert wrote to Cameron offering to sell 50 metric tons of wheat at $250 per metric tonne. On September 7 Cameron posted a reply in which he accepted Robert’s offer but added that if he did not hear to the contrary he would assume that the price included delivery to his (Cameron’s) warehouse. The following morning, before Cameron’s letter arrived at Robert’s office, Robert read a posting on the internet which stated that the price of wheat was about to fall and he immediately sent an email to Cameron stating ‘our price of $250 includes delivery’.

On receiving Robert’s email at 10am on September 8, Cameron posted a letter to Robert confirming his acceptance of Robert’s terms. By mid-day, however, Cameron also saw the posting on the internet which indicated that wheat prices were about to fall and, having considered the matter, sent an email to Robert stating ‘I do not accept your offer of wheat’.

The price of wheat fell to $230 per metric tonne and Cameron refuses to accept any wheat from Robert. Question 1: Advise Robert regarding the above.

Issue: Can Robert obligate to Cameron to comply with the contract. Is there exists a contract amid the two?

Relevant Law: As contract law assignment contract is the formation of an offer combined with acceptance which is supported by consideration by the capable parties who have a legally binding legal intention. (Latimer, 2012)

When the offeror conveys his intention of any act/omission to the offeree with the expectation that such communication would be confirmed by an offeree then it is an offer in law (Smith v Hughes [1871]. An offer can be made by words, in written form or by conduct (Carlill v. Carbolic Smoke Ball Co (1891) but as per Felthouse v Bindley (1862) the offeree must be in the knowledge of the same in order to consider the offer valid and enforceable in law.

Whenever an offer is made as described in this assignment in contract law, then, the offeree when gave his approval to the offer terms results in an acceptance and is held in Empirall Holdings v Machon (1988). As per Stevenson Jaques& Co v McLean (1880) an acceptance should coincide with the offer terms otherwise such an acceptance is invalid and is considered as counter offer.

Further, when an acceptance is made then as per Brambles Holdings Ltd v Bathurst City Council (2001) an acceptance should reach the knowledge of the offeror in order to be enforceable. Non transmission of acceptance is not a valid acceptance and is held in Latec Finance Ltd v Knight (1969).. (Bailey, 2014)

Further, if acceptance is made through letters then the acceptance is complete when the letter is posted and is held in Adams v Lindsell (1818).

Applicable Law: As per the facts,

On 5th September, Robert had written a letter to Cameron wherein he offered to sell 50 metric tonnes of wheat @ $250 per metric tonne.

As per Felthouse v Bindley an offer when made must reach the mind of the offeree and he must be aware of the terms of the offer in order to consider any offer to be enforceable in law. Since the offer made by Robert is in the knowledge of Cameron, thus, the offer is valid.

Now, on 7th September, a reply is posted by Cameron wherein an acceptance is furnished but a term is included specifying that if nothing is heard from Robert then it will be assumed that the price of the offer is inclusive of delivery to his warehouse.

Generally, as per Adams v Lindsell as discussed in this assignment in contract law when an acceptance is made by post then it is binding immediately. But, the rule does not apply hear as the acceptance made by Cameron is not valid as a new term is incorporated by Cameron. Thus, as per Stevenson Jaques& Co v McLean a counter offer is made by Cameron to Robert on 7th September.

Now, the new offer exists which is made by Cameron to Robert on 7th September.

Cameron is the new offeror and Robert is the new offeree. The letter must reach Robert in order to consider the same as binding and enforceable.

Now, before the letter reaches Robert, Robert read a post according to which the prices of the wheat will decline. Considering the same an email is sent by Robert to Cameron wherein he submitted that the prices of the wheat are inclusive of delivery.

Now, this statement that is made by Robert to Cameron is not considered as an acceptance in law as an acceptance can only be made when the offeree is aware of the terms of the offer. An acceptance without being aware of the offer terms is not an acceptance in law and is held in Empirall Holdings v Machon. Thus, the email sent by Robert has no relevance in law.

The position is still the same, that is, Robert must send his acceptance to the counter offer made by Cameron.

The email that was sent by Robert was received by Cameron on 8th September at 10AM. Cameron then sends a letter to Robert wherein he accepts the offer that is initially made by Robert.

If Cameron would have accepted the offer initially without adding any new term, that is, the price must be inclusive of delivery, then, by applying the rule of Empirall Holdings v Machon the acceptance would have been valid.

But, now, the acceptance that is made by Cameron is against such an offer which no longer exist as the original offer that is made by Robert already ceases to exists because of the counter offer that is made by Cameron on 7th September. Cameron is the new offeror and he himself cannot accept his own offer, rather, it is Robert who must accept the offer.

Later Cameron also saw the news with respect to the fall in the price and again sent an email wherein he submits that he is not willing to accept the offer of the wheat which was initially sent by Robert on 5th September. It is stated that there is no relevance that is attributed to the mail that is sent by Cameron now, as the mail is sent against that offer which already ceases to exist by Cameron himself by making a counter offer.

Thus, the revocation of offer by Cameron has no validly.

It is submitted that the only offer that now prevails is the counter offer that is made by Cameron on 7th September. This, counter offer was never accepted by Robert giving rise to a legally binding agreement.

Conclusion It is thus concluded in this contract law assignment that there is no contract that is established amid Robert and Cameron. The offer of Robert was rejected by the counter offer of Cameron. The new counter offer was never confirmed by Robert in order to establish a binding relationship amid the parties as discussed in this assignment in contract law. Contract law assignments are being prepared by our law homework help experts from top universities which let us to provide you a reliable assignment help online service.

Reference List Bailey, J. (2014) Construction Law. CRC Press.

Latimer, P. (2012) Australian Business Law 2012. CCH Australia Limited.

Adams v Lindsell (1818) 1 B & Ald 681.

Brambles Holdings Ltd v Bathurst City Council (2001) 53 NSWLR 153.

Carlill v Carbolic Smoke Ball Co. Carlill v Carbolic Smoke Ball Company [1892] EWCA Civ 1.

Empirnall Holdings Pty Ltd v Machon Paull Partners Pty Ltd (1988) 14 NSWLR 523.

Felthouse v Bindley (1862) EWHC CP J 35.

Latec Finance Ltd v Knight (1969) 2 N.S.W.R. 79, N.S.W

Smith v Hughes [1871] LR 6 QB 597.

Stevenson, Jaques, & Co v McLean [1880] 5 QBD 346.

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