Contract law.. Need help.. desperate..!
Hello,
I am a first year student and new to writing an essay or answering this type of question. Could you help me?? I have no idea how to start it or how to make a proper answer plan for it...!!
Paul is a keen fitness enthusiast and on 1 March, he joined his local fitness centre Toned Bellies Ltd. On 20 March, whilst visiting the gym, his attention was drawn to the noticeboard upon which a notice stated:
“Competition:
One year’s free membership is offered to any member who can swim 300 lengths of our pool before 1 April. In order to enter this competition, an entry card must be completed, verified by the manager and sent to our Head Office.”
Paul decided that he wanted to attempt to win a free year’s membership and embarked on the task on 24 March. Over the next 4 days he successfully completed the swim, actually completing more lengths than was necessary on the fourth day.
On 29 March, Paul then asked the manager of Toned Bellies, Ralph, if he would complete the card for him so that he can claim. Ralph agreed, but informed him that it “won’t do you any good as the offer was withdrawn yesterday.” Nevertheless Paul posted the card.
Seven days later, Paul received a letter from Toned Bellies Head Office stating that Paul did not qualify for the competition because:
1. The offer had been withdrawn on 28 March as per the notice placed on their website;
2. The number of lengths swum had to be continuous, and completed in one attempt;
3. He had not swum 300 lengths exactly, but had gone over the amount stipulated in the competition.
4. They received the entry card on 2 April and this was after the completion date of the competition.
Advise Paul.
(no more than 1000 words)
I am a first year student and new to writing an essay or answering this type of question. Could you help me?? I have no idea how to start it or how to make a proper answer plan for it...!!
Paul is a keen fitness enthusiast and on 1 March, he joined his local fitness centre Toned Bellies Ltd. On 20 March, whilst visiting the gym, his attention was drawn to the noticeboard upon which a notice stated:
“Competition:
One year’s free membership is offered to any member who can swim 300 lengths of our pool before 1 April. In order to enter this competition, an entry card must be completed, verified by the manager and sent to our Head Office.”
Paul decided that he wanted to attempt to win a free year’s membership and embarked on the task on 24 March. Over the next 4 days he successfully completed the swim, actually completing more lengths than was necessary on the fourth day.
On 29 March, Paul then asked the manager of Toned Bellies, Ralph, if he would complete the card for him so that he can claim. Ralph agreed, but informed him that it “won’t do you any good as the offer was withdrawn yesterday.” Nevertheless Paul posted the card.
Seven days later, Paul received a letter from Toned Bellies Head Office stating that Paul did not qualify for the competition because:
1. The offer had been withdrawn on 28 March as per the notice placed on their website;
2. The number of lengths swum had to be continuous, and completed in one attempt;
3. He had not swum 300 lengths exactly, but had gone over the amount stipulated in the competition.
4. They received the entry card on 2 April and this was after the completion date of the competition.
Advise Paul.
(no more than 1000 words)
1) Start by discussing whether the notice constitutes an offer (you'd better find that it does or it will be a short question).
2) How does one accept such an offer? Has Paul done this? The health club claim that he has failed to make a valid acceptance for reason 2) 3) and 4) in their reply.
3) Is the purported revocation valid? There are at least two things to discuss here. This is reason 1) in the health club's reply.
2) How does one accept such an offer? Has Paul done this? The health club claim that he has failed to make a valid acceptance for reason 2) 3) and 4) in their reply.
3) Is the purported revocation valid? There are at least two things to discuss here. This is reason 1) in the health club's reply.
A fairly difficult first question.
With contract law, I think you have to be very systematic. To sue someone for breach of contract you need to show four things: (1) that a contract existed (offer/acceptance, certainty, consideration, intent to create legal relations), (2) that there is a relevant term of that contract, (3) that the contract has been breached and (4) claimant has suffered loss. If you are in doubt about how to structure an answer, I would stick to going through these four aspects.
You could structure as follows:
Existence of a contract
- Was there an offer?
- Could the offer be revoked once performance had started on 24 March? If so, was posting a notice on the website on 28 March valid revocation? (first point of the letter)
- In case the offer was not revoked on 28 March, was it enough for Paul to find out through the manager, once performance had already been completed?
- Was there acceptance? How long did Paul have to post his card, did he have to make sure it reached head office before 2 April? (4th point of the letter)
- Was there certainty, consideration and intent to create legal relations?
Terms of the contract
- Did the number of lengths have to be completed in one attempt? (second point of the letter)
- Did Paul have to swim exactly 300 lengths and no more? (third point of the letter)
Breach of contract and loss
- If there is a contract and Paul complied with the necessary requirements, what is Paul's loss? This bit is simply, its just one year's membership.
As a general rule, make sure each paragraph is IRAC. State the Issue, state the relevant rule of law, apply to the facts, conclude.
With contract law, I think you have to be very systematic. To sue someone for breach of contract you need to show four things: (1) that a contract existed (offer/acceptance, certainty, consideration, intent to create legal relations), (2) that there is a relevant term of that contract, (3) that the contract has been breached and (4) claimant has suffered loss. If you are in doubt about how to structure an answer, I would stick to going through these four aspects.
You could structure as follows:
Existence of a contract
- Was there an offer?
- Could the offer be revoked once performance had started on 24 March? If so, was posting a notice on the website on 28 March valid revocation? (first point of the letter)
- In case the offer was not revoked on 28 March, was it enough for Paul to find out through the manager, once performance had already been completed?
- Was there acceptance? How long did Paul have to post his card, did he have to make sure it reached head office before 2 April? (4th point of the letter)
- Was there certainty, consideration and intent to create legal relations?
Terms of the contract
- Did the number of lengths have to be completed in one attempt? (second point of the letter)
- Did Paul have to swim exactly 300 lengths and no more? (third point of the letter)
Breach of contract and loss
- If there is a contract and Paul complied with the necessary requirements, what is Paul's loss? This bit is simply, its just one year's membership.
As a general rule, make sure each paragraph is IRAC. State the Issue, state the relevant rule of law, apply to the facts, conclude.
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