snk123
Badges: 2
Rep:
?
#1
Report Thread starter 3 years ago
#1
I am currently taking part in moot court at University and the case I've been assigned is Alright v. Black. I am struggling a lot with the moot and have tried researching but most of the points support the senior respondant. I am acting as the senior counsel for the appealant so am supporting the first argument. Any help on what to argue would be much appreciated.

http://www.mootingnet.org.uk/problems/alrightvblack.pdf

Alan Alright is a teacher. For some time he has been interested in property development. He has
been very successful at finding run down properties and quickly developing them for sale at a
substantial profit. In February 2005 Alan found what he believed to be a property ripe for developing. He decided to employ Brian Black, a local builder, to help with the restoration of the property. Brian told Alan that the work would cost £18,000, this included labour and materials. Alan accepted Brian’s quote on the proviso that the building works would be finished by 5th April. Alan told Brian that the property had to be ready by that date because rather than sell the property he was going to let it to a business as a ‘corporate let’. He was expecting to get £1,200 per week rent for the newly furbished luxury flat. Brian started work mid February. Unfortunately due to bad weather and his plasterer, Chris, having to go into hospital for an operation, Brian realised that it would be unlikely that he would finish the job by 5th April. He informed Alan that in order to finish the work on time he would have to pay his existing men overtime and employ a new plasterer to replace Chris. In all he would have to raise the contract price by £5,000. Although Alan could see his profit dwindling he was more concerned that the flat would not be ready for his first tenant to move in and so he reluctantly agreed. Brian completed the project by the 2nd April and sent Alan his bill for £23, 000. Alan said that due to financial difficulties he could only afford to pay £20,000. Brian thought he better accept the £20,000 in case he ended up with nothing at all. Alan sent Brian a cheque for the £20,000 together with a bottle of wine as a thank-you.

In July 2005 Brian heard that in May 2005 Alan had taken all his family to Florida for a three-week
holiday. Brian asked Alan for the £3,000 balance plus interest to date. Alan refused to pay the
outstanding £3,000. Brian decided to sue Alan for the outstanding amount plus interest.
At first instance, Deed J held that Alan should pay the £3,000 to Brian plus interest. Alan appealed to
the Court of Appeal (Civil Division) on the basis that Deed J Erred by (1) not applying the authority of
Pinnel’s Case (1602) correctly and (2) by not applying the doctrine of equitable promissory estoppel to the instant facts correctly.

The Court of Appeal held that the court of first instance had not erred in its judgement. Alan has
decided to appeal to the Supreme Court.
The following two grounds of appeal will be argued by the appellant:

1. That at common law the payment of a lesser sum together with some additional goods, in this case a bottle of wine, is sufficient consideration for a creditor’s promise to forego the balance;
2. That the defence of promissory estoppel should stop black claiming the money.

Any help would be appreciated. Thanks
0
reply
GabrielleR
Badges: 0
Rep:
?
#2
Report 3 years ago
#2
Hey if its alright with you could i please take a look at your submission?
I'm trying out a moot with this question, but i'm really lost.
0
reply
Silverseall
Badges: 9
Rep:
?
#3
Report 3 years ago
#3
Look at consideration, search for recent / relevant cases on westlaw. Even if you can't find many cases to support your ground of appeal, find ways to distinguish those cases which support the respondent from your current case. Be creative, mooting is about framing, albeit with the use of the law.
0
reply
moot sucks
Badges: 1
Rep:
?
#4
Report 1 year ago
#4
Hey ! i have the sam moot Alright v Black. i am not a law student but if i want my foundation year diploma i have to submit this work so can someone help me.

thanks
0
reply
COYSCOYS
Badges: 19
Rep:
?
#5
Report 1 year ago
#5
(Original post by snk123)
ks
I ended up basically writing you a skeleton argument, but then I realised that this might be competitive/assessed and I don't want to help you in that context.

I would focus on economic duress and Pinnel's Case, personally.
0
reply
moot sucks
Badges: 1
Rep:
?
#6
Report 1 year ago
#6
(Original post by Jasaron)
I ended up basically writing you a skeleton argument, but then I realised that this might be competitive/assessed and I don't want to help you in that context.

I would focus on economic duress and Pinnel's Case, personally.
I it's not competitive or assessed it's a try for the real one that i will have for my exam. Nevertheless thank's for your help even if i'm still lost.
0
reply
X

Quick Reply

Attached files
Write a reply...
Reply
new posts
Back
to top
Latest
My Feed

See more of what you like on
The Student Room

You can personalise what you see on TSR. Tell us a little about yourself to get started.

Personalise

Are you worried that a cap in student numbers would affect your place at uni?

Yes (232)
61.05%
No (79)
20.79%
Not sure (69)
18.16%

Watched Threads

View All