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Contract Law problem question HELP

Hi, anyone able to help me please??? im stuck ive started writing ive got 800 words and now i dont know what else to put i think ive put all the relevant points of law and application without sounding repititive and without going off topic....what else can i do plzz

the scenario question is

Jane is a plumber working in London. On 10 June 2010 she received an email from Jack asking whether she could fix a broken water tank at his house in east-London as soon as possible. Jane replied that the soonest she could come would be 12 June and attached her standard terms and conditions of service. Jack never replied to Janes email. On 13 June Jack called, furious, and told Jane that as she had not shown up, he had to ask another plumber to perform the work John had in fact contacted Danny, told him what the work was about and that it needed to be carried out immediately. Danny advised that water tank work was charged at a £1000 flat fee, and that he could come immediately. When Danny arrived at Jacks house however, he realised that the work would be a lot more extensive than a standard tank replacement and advised Jack that he would have to charge £1200. Jack agreed to pay, but subsequently felt unhappy with the arrangement

Advise Jack as to his contractual rights and obligations in relation to Jane and Danny

ive talked about
-what a contract is
what is needed for there to be a contract
agreement, consideration and intention

i was thinking about putting invitation to treat but i am not so sure if its relevant i was thinking Janes T&C may have been an invitation to treat but im :s-smilie:
not too sure

acceptance must be communicated silence cant amount to acceptance
Felthouse v Bindley

I spoke about the postal rule
Adam v Lindesell

For Danny and Jack i spoke about counter offer and consideration


ive done like 800 out iof 1500 words and now im lost

Cheers on anyone how can help
Reply 1
Avatar for jjarvis
jjarvis
14
Original post by thefayme
Hi, anyone able to help me please??? im stuck ive started writing ive got 800 words and now i dont know what else to put i think ive put all the relevant points of law and application without sounding repititive and without going off topic....what else can i do plzz


By the sound of it you need to apply the law more directly to the problem at hand. Don't start with "contracts require x y z"--attack the specific problem.

Did Jack and Jane have a contract? If so, why? If not, why not? Did Jack need to accept Jane's terms and conditions before there was a contract? Has he accepted an offer from Jane, has Jane accepted an offer from him, or has no one accepted an offer? Before you launch into postal acceptance, you need to consider where the offer and acceptance here lie, if anywhere. Go into rules about when an acceptance is valid if, and only if, someone has tried to convey an acceptance. Then, bear in mind this is by email, not by post--different rules apply. Look at Bernuth Lines v High Seas Shipping (I think this is the correct spelling).

For Jack and Jane, it should be fairly clear there is a contract. (You should probably explain briefly why, but that should take up very little space.) The dispute is about the change in price. Look at Foakes v Beer and Williams v Roffey. That should point you in the appropriate direction.
Reply 2
Avatar for thefayme
thefayme
OP
7
Original post by jjarvis
By the sound of it you need to apply the law more directly to the problem at hand. Don't start with "contracts require x y z"--attack the specific problem.

Did Jack and Jane have a contract? If so, why? If not, why not? Did Jack need to accept Jane's terms and conditions before there was a contract? Has he accepted an offer from Jane, has Jane accepted an offer from him, or has no one accepted an offer? Before you launch into postal acceptance, you need to consider where the offer and acceptance here lie, if anywhere. Go into rules about when an acceptance is valid if, and only if, someone has tried to convey an acceptance. Then, bear in mind this is by email, not by post--different rules apply. Look at Bernuth Lines v High Seas Shipping (I think this is the correct spelling).

For Jack and Jane, it should be fairly clear there is a contract. (You should probably explain briefly why, but that should take up very little space.) The dispute is about the change in price. Look at Foakes v Beer and Williams v Roffey. That should point you in the appropriate direction.


At first i thought the williams and reoffery case might be of use in the scenario but it isnt...because in W&R williams had already started the job and in the middle he needed more money however in this case before he starts doing any work he recognises that the water tank will cost more than he estimated to he created a counter offer....and in foakes and beer it comes under part payement of debts...i dont get its relevance to the problem question....

Cheers,
Reply 3
Avatar for jjarvis
jjarvis
14
Original post by thefayme
At first i thought the williams and reoffery case might be of use in the scenario but it isnt...because in W&R williams had already started the job and in the middle he needed more money however in this case before he starts doing any work he recognises that the water tank will cost more than he estimated to he created a counter offer....and in foakes and beer it comes under part payement of debts...i dont get its relevance to the problem question....

Cheers,


Danny has only made a counter-offer if a contract does not exist between him and Jack. Was there a contract formed between Jack and Danny?

As for the distinction between W v R and Rakes, do you think this is a relevant distinction? I think the central point here is whether a contract has already been formed. Danny is asking for more money for the same work, so there's no additional consideration for the work. Whether the work has been started or not isn't necessarily crucial.

You also need to look at Stilk and Myrick.
Reply 4
Avatar for thefayme
thefayme
OP
7
Original post by jjarvis
Danny has only made a counter-offer if a contract does not exist between him and Jack. Was there a contract formed between Jack and Danny?

As for the distinction between W v R and Rakes, do you think this is a relevant distinction? I think the central point here is whether a contract has already been formed. Danny is asking for more money for the same work, so there's no additional consideration for the work. Whether the work has been started or not isn't necessarily crucial.

You also need to look at Stilk and Myrick.


I think there was a contract between Jack and Danny reason for this is because they both gave consideration, i.e detriment and benefit or loss, danny would give his skill, time and effort and jack will give up £1200...also there was a promise to do the work even before he came to jack's house....it is similar to williams and roffery to an extent...in W&R williams had financial difficulties and roffery had a penalty clause...
so there was a practical benefit for both parties...

in the scenario jack could have disagreed with the extra 200 and the contract will then become void...jack can either reject or accept the counter offer
he could have rejected and contacted another plumber as the scenario doesnt mention the urgency of the water tank being fixed

and with foakes v beer its to do with part payments of debt and if u ask me relating it to the scenario is a bit barking up the wrong tree...since its about formation of contract offer and acceptance...

Cheers
(edited 13 years ago)

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