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help with a contract problem question?thanks!

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TSR's new app is coming! Sign up here to try it first >> 17-10-2016
    • Thread Starter

    In March 2007, Davies agreed to maintain Rita’s garden for 5 years for “a fee
    payable each month and determined in accordance with the usual practice of
    the area, and in case of a dispute, the fee will be determined by the UK
    Garden Organisation.” No such organisation existed before and after the
    Rita paid Davies between £400 and £500 each month until March 2011 when
    she tried to pay him £300 for work he did that month. Davies demanded a
    minimum of £500 for that month and subsequent months. Davies also refused
    to continue with the work until Rita met his demands.
    Advise Rita on the parties’ rights and on whether she can obtain an order of
    injunction or specific performance against Davies.

    I don't know where to start, or what area of contract it is pointing me towards. Any help appreciated. Thanks

    Hi, guessing you're at Exeter given this was a past paper question on ele? haha

    So, I THINK you have to consider common mistake for the organisation and whether it voids the contract. Misrepresentation (if Davies knew that no such organisation existed), you also have to consider breach of contract, remedies, and potentially incorporation of terms by consistent course of dealings, not too sure on this last point though

    Good luck for wednesday xx
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