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    Hey there, Im revising for my contract law exam and came across this question. Can someone please help me answer it.

    Thank you

    Miranda is a splendid oboe player who has high aspirations of
    studying baroque oboe at the esteemed Royal Scottish Academy
    of Music and Drama (RSAMD). Her tutor, Professor
    Longbeanpole is extremely proud of her and promises that if she
    gets accepted to the RSAMD he will buy her a very rare baroque
    oboe made by the world famous oboe makers Howarth & Sons.
    These are not only rare but are also extremely expensive at
    approximately £10,000 and so this is something that Miranda
    could only ever dream of, hence she is all the more determined to
    get a place at the RSAMD.


    Miranda was never short of confidence and is in no doubt that she
    will get into the RSAMD and so, in anticipation of the new
    Howarth & Sons oboe, she sells her rather inferior plastic Rico
    model to Simeon. She sells it at an unrealistically low price to
    Simeon, partly because of the prospect of the new Howarth &
    Sons and partly because she fancies Simeon and hopes one day
    to play a duet with him at the Royal Concert Hall.


    On the night before the results of her audition for the RSAMD,
    Miranda went out for a meal with professor Longbeanpole to the
    newly opened vegetarian restaurant, Let’s Eat Soya and during
    the meal she told the professor how much she was looking
    forward to getting her new Howarth & Sons oboe.
    The following morning Miranda received an email from professor
    Longbeanpole in which he explained that he had joined a
    Wrestling team and had actually donated the money he had set
    aside for her oboe to the fund for a new wrestling ring and skintight lycra costumes for his fellow wrestlers. He will not therefore
    be buying Miranda the Howarth & Sons oboe that he had
    promised.



    Later that day Miranda received news that she had got a place at
    the RSAMD but her delight is overshadowed by the fact that she
    has no oboe, having previously sold her Rico model at the
    unrealistically low price to Simeon (who is now going out with
    Bertha) and so there is no prospect of her getting the Howarth &
    Sons due to her having no money and no prospect of hard cash
    due to her new student status.


    Advise Miranda
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    No-one's going to talk you all the way through a problem question when there's no evidence that you've done any work yourself at all. Just pointing this out so that you don't have false hopes of a response.

    Try and advise her yourself; if you come up with any specific issues -- "does X v Y imply that abc facts lead to z result?", etc -- ask away.
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    Just because I haven't written my answer DOES NOT mean that I have not done any work myself. I posted this to here other peoples opinion, plus it is my first time of using any forums page let alone this one!!!!
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    (Original post by joe12)
    Just because I haven't written my answer DOES NOT mean that I have not done any work myself... plus it is my first time of using any forums page let alone this one!!!!
    Hence this

    (Original post by TimmonaPortella)
    Just pointing this out so that you don't have false hopes of a response.
    But whatever you think best...
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    (Original post by TimmonaPortella)
    Hence this

    But whatever you think best...
    I am not a lawyer, but I think Joe's been given some sound advice on how forums work :yep:
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    (Original post by joe12)
    Just because I haven't written my answer DOES NOT mean that I have not done any work myself. I posted this to here other peoples opinion, plus it is my first time of using any forums page let alone this one!!!!
    I suspect the first issue is acting in reliance on a gratuitous promise. The second perhaps 'grabbing at a bargain', but really, this looks to be first year contract law. Remove your finger from your anus and do some work.
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    Is this a question about English law? If so, you could answer this in one line.
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    (Original post by Forum User)
    Is this a question about English law? If so, you could answer this in one line.
    The inclusion of RSAMD suggests not. Would the lack of consideration be the problem in England?
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    (Original post by Norton1)
    The inclusion of RSAMD suggests not. Would the lack of consideration be the problem in England?
    Yes, exactly, I don't see an arguable case that being accepted into the RSAMD constitutes a detriment to Miranda and thus amounts to consideration. She also can't use promissory estoppel as a cause of action.

    I assume that the detrimental reliance on the otherwise gratuitous promise plays some important role in Scottish law?
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    (Original post by Forum User)
    Yes, exactly, I don't see an arguable case that being accepted into the RSAMD constitutes a detriment to Miranda and thus amounts to consideration. She also can't use promissory estoppel as a cause of action.

    I assume that the detrimental reliance on the otherwise gratuitous promise plays some important role in Scottish law?
    In general terms, and I do stress for the OP that there may be factors in the problem which might make the answer different, gratuitous unilateral promises are enforceable in Scots law in certain scenarios.

    Such obligations are not enforceable if not reduced to writing (Requirements of Writing (Scotland) Act 1995 s.1 (2) (a) ii) unless they are in the course of business.

    If it is not in the course of business then writing is required, subject to s.1 (3) and (4) of the 1995 Act

    (3)Where a contract, obligation or trust mentioned in subsection (2)(a) above is not constituted in a written document complying with section 2 of this Act, but one of the parties to the contract, a creditor in the obligation or a beneficiary under the trust (“the first person”) has acted or refrained from acting in reliance on the contract, obligation or trust with the knowledge and acquiescence of the other party to the contract, the debtor in the obligation or the truster (“the second person”)—

    (a)the second person shall not be entitled to withdraw from the contract, obligation or trust; and

    (b)the contract, obligation or trust shall not be regarded as invalid,on the ground that it is not so constituted, if the condition set out in subsection (4) below is satisfied.

    (4)The condition referred to in subsection (3) above is that the position of the first person—

    (a)as a result of acting or refraining from acting as mentioned in that subsection has been affected to a material extent; and

    (b)as a result of such a withdrawal as is mentioned in that subsection would be adversely affected to a material extent.
    So the 1995 act imposes a personal bar (what the English concept of estoppel is called in Scotland) on one who knows his promise has been relied upon.
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    (Original post by Pastaferian)
    I am not a lawyer, but I think Joe's been given some sound advice on how forums work :yep:
    Could have fooled me.
 
 
 
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