Business Law Contract Law Cases Accoutning And Finance Essay

2316 words - 10 pages

Contract Terms, UCTA 1977 & the Consumer Rights Act 2015
Contract terms:
parties are bound by contract terms
· Terms are contained in an offer
· When legitimately incorporated into the contract, they govern the obligations of the parties
· Breaching a term of the contract gives rise to being sued for damages
· Terms can be
· Expressed in a contract
· Implied by statute
· Implied by courts
Incorporation by signature
· L’Estrange v Graucob [1934]
· Café owner bought a cigarette vending machine and in the small print it said they are not liable for fault. When the machine failed to work the refused to give her a refund.
· Decision: terms of the agreement were valid
· principle: in the absence of misrepresentation or fraud, signature will incorporate terms into a contract irrespective of whether they are read or understood
incorporation by being implied by statute
· E.g. for business-to-business transactions
· Sale of Goods Act 1979
· s.13 – goods must fit description
· s.14 – satisfactory quality and fit for purpose
· E.g. for business-to-consumer transactions
· Consumer Rights Act 2015
· s.9 / 10 - satisfactory quality and fit for purpose
· s.11 - goods must fit description
incorporation be being implied by courts
· Officious bystander
· Technique for determining if an unexpressed condition was implied at the time a contract was drawn. By an arbitrator or investigator thinking what the reply to the term would be. If the answer is yes, it is implied if they were to say no then it won’t be implied
· Customary
· (its always done like that round here)- custom in law is the established pattern of behaviour that can be objectively verified within a particular social setting. A claim can be carried out in defence of "what has always been done and accepted by law."
· Hutton v Warren (1836)
· Hutton planted seeds and put in labour in the last year of his tenancy. He sought for reasonable payment as he would not see the benefits of his work and he was declined even though he argued it was a customary thing to do
· He was successful as the custom was by implication imported into the lease.
· Business efficacy - the main terms the law will imply into commercial (non-consumer) agreements, that is those "necessary and obvious...to give business efficacy". Terms shall not be implied merely because they appear "desirable and reasonable"
· The Moorcock (1889)
· Implied term that ground would be
safe to moor vessel – term necessary
for the contract to make sense
(parties must have intended that)
Contract terms
Condition: breach of CONDITION entitles the claimant to TERMINATE the contract and/or claim DAMAGES
Poussard v Spiers (1876)
· Actress in opera had a lead role. She was ill and couldn’t attend first performance and the role was given to someone else. She sued for breach of contract
· Held: Condition of the contract was that she attended the first performance, as she was crucial to the importance to the success of the production
· She had breached her...

Other Essays On business law contract law cases - accoutning and finance - essay

Business Law topic paper on insurance and credit scores - Cedarville/Business Law - Essay

1942 words - 8 pages Zach Von Eiff Professor Hartman Bus Law 1 11/9/17 “How Do Insurance Companies Use Credit Scores” Insurance companies are using certain parts of credit scores to affect the premiums they charge people for auto insurance. Companies started doing this in the 1990’s working with creator of the standard credit score, FICO. It gained a lot of traction quickly and by 2006 almost every major insurer was using it as a part of their rating system. For

Business Law Essay

560 words - 3 pages are the remedies for the breach of condition? Law: A breach of condition entitles the innocent party to affirm the contract, keep it on foot or discharge the contract in addition to damages claims.Application: Since both buyers and seller have already executed consideration, there are no outstanding obligations owed to either party so Cheong and Chow can only claim for damages.Conclusion (issue 3): I feel they can claim damages for breach of contract. And in the case of misrepresentation, they can get a refund through rescission.Final conclusion: I feel that the statement was a term and there was a breach of contract so Cheong and Chow can claim damages.

Offer and Acceptance Business Law - Business Management - Assignment

1296 words - 6 pages ). Postal Rule Definition. [online] Available at: http://www.duhaime.org/LegalDictionary/P/PostalRule.aspx [Accessed 16 May 2017]. E-lawresources.co.uk. (2017). Contract agreement - Offer and acceptance. [online] Available at: http://www.e-lawresources.co.uk/Offer-and-acceptance.php/ [Accessed 16 May 2017]. MacIntyre, E. (2012). Business law. Harlow (England): Pearson.

sexting and law within teenagers - azusa - essay

1046 words - 5 pages Schwartz 2 Sexting and the Law Xandria Schwartz June 6, 2018 Azusa Pacific University The state I would like to address the issues of sexting in would be California. There are laws that do address this sexting issue. On October 1, 2013 Senate Bill 255, “revenge porn” law was made. Which is “Any person who photographs or records by any means the image of the intimate body part or parts of another identifiable person, under circumstances where the

Pro Law Presentation / Essay

776 words - 4 pages Hello, As you know my name is ****. My topic for the law seminar is Piracy. Piracy is the unauthorized duplication and distribution of copyright-protected items. These items can be Music, Software, Games, and printed works. I will talk about the penalties of piracy, the way it effects the economy. Now the 2 main questions.(Show the Over Head)Maybe you have downloaded a song from the Internet lately. And perhaps that song that you downloaded was

Learning Summary of Business Law 2390 - KPU, Business Law - assignment

2044 words - 9 pages courts, “Tort Law”, “Negligence”, "Contract Law”, “Employment Law”, “Insurance Law”, the methods of carrying on business, and the “Sale of Goods” during this semester. The reason why I decided to take Business Law this semester is that I am majoring in Marketing Management and I always think that learning Business Law can help me know more about the legal system in Canada and can protect myself while dealing with legal issues in Canada. Also, the

Business Law Paper about Affirmative Action - Business Law - Term

2225 words - 9 pages Memorandum To: James Kelley Professor of Business Law From: Matthew R. Bannon Date: November 20, 2018 Subject: Business Law II Term Paper _______________________________________________________________________ Attached please find the resume which is due on February 1 as the first assignment in BUS 381N, Introduction to Business and Management, T 6:30-9:00. The work and writing presented in this term paper unless specifically specified in an

Interaction of media law and online community - Griffith University Media Law - Essay

1660 words - 7 pages this scenario is the restrictions around the identification of complainants in sexual offence cases. In Queensland, publication of a complainant’s identity is prohibited under s6 of the Criminal Law (Sexual Offences) Act. This includes any relationship between the accused and the complainant that may cause the complainant to be identified, according to the text. David’s step daughter is easily identifiable as the complainant as the article

Politics and Law on Tobacco Products - Plymoouth State University - Essay

813 words - 4 pages Thanos Boulukos EN-1400-01 Mr. Mark Flynn 10/05/18 The Law of Man We live in a society today based around laws our government have issued its citizens to abide by and follow respectively. Many of the laws these governments pass restrict people under the age of twenty-one to engage in drinking alcohol and entering night clubs. Our government expects men and women at the age of eighteen to join the military, risking their lives for our nation. Yet

Children and the Criminal Justice System - Law - essay

2202 words - 9 pages Children and the Criminal Justice System. Children Act, 2001 – · Became law in July 2001. Children in conflict with the law should only be detained by the state as a last resort. · There are many community based measures which must be explored and exhausted before detention can be considered. · What is a Minor – Section 3 Children Act 2001 – “child” means a person under the age of 18 years; (Removes any distinguishing classes of children e.g

Analysis of The Client Law Movie - Law - Analysis, Essay

752 words - 4 pages Analysis of The Client (Insert sentence) The law provides remedy and security to Mark Sway’s family by giving them a spot in the witness protection program, a house, a job for his mom and some starter money in return for Mark’s help in locating the body of the senator. The law also ensures peace in the movie by actively conducting an investigation on the well-known nephew of a mafia kingpin: Barry “The Blade” Muldanno. Putting Barry in jail

Similar Papers

Contract Law Essay, Problem Question, Agreement Contract Law Problem Question

1126 words - 5 pages Mick v Yummy Chocolate Mick’s case is dependent on whether he was in contract with Yummy Chocolate corporation or not and whether Yummy Chocolate have breached that contract. If there is no contract the second issue of breach does not arise. It can be argued that the offer was merely an invitation to treat. In Partridge v. Crittenden [1968]1, the plaintiff placed an ad in Cage and Aviary Birds which stated "Bramblefinch cocks and hens, 25s each

Contract Principles Formation Of Contract Contract Law Problem Questions

1668 words - 7 pages Contract Law: Seminar 1 October 25- 2018 Henthorn v Fraser [1892] 2 Ch 27 (i) What are the relevant facts of the case?
 An offer was sent by post from the secretary requesting acceptance of $750 pounds for the property within 14 days.
 The offer was withdrawn the following day by way of mail, before postal acceptance was received; however the acceptance had already been posted by his Solicitor the same day at 3:50pm as withdrawal was sent
 (ii

Good Faith In The Law Of Contract

3316 words - 14 pages inconsistent dealing. Brennan J in Waltons Stores (Interstate) Ltd v Maher made this point very clearly and is an example of the use of the notion of fair dealing.Since 1987 the case law has truly multiplied with over a thousand cases to guide judges decisions. The recent principal effect on contract law has been to transform the negotiating period from one in which there was limited legal obligation to one in which very significant legal

Animal Cruelty, Laws Effect, Education, Penaties, Law Cases, Statistics English Essay

1661 words - 7 pages wounded animals, but, they have no authority given by the government to carry out the law, and causing them to move back. Likewise, citizens will feel helpless and do not know where they can seek help when encountering these cases. Apart from implementing harsher laws, setting up animal police is a possible way to help solve the problem of animal abuse. Currently, the RSPCA has an inspectorate which includes 20 full time staff to help investigate