Contract Essay help needed desperatelyWatch
Section A (Students must answer all questions)
1) Riya who lives in Liverpool buys and sells computer products. On Monday, she telephoned Tim in Manchester and offered to sell him a Samsung tablet for £375. Tim told Riya that he would think about it and let her know. Riya made it clear to Tim that he must decide by Friday as a lot of people were interested in buying it at that price. On Wednesday, Tim decided that he wanted to buy the tablet and tried phoning Riya to let her know but could not get through to her. On Thursday, he sent a letter by first class post agreeing to buy it for £375. Unfortunately, the letter did not arrive until Saturday afternoon. By then, Riya had sold the tablet to someone else.
Advise Tim. Would it make any difference if Riya had told Tim that he must let her know personally by Friday?
2) Ahmad advertised for a house sitter for his cottage in the Cotswolds while he was away on business. Shamima, an interior designer, responded to the advert and agreed to live in the house while Ahmad was away. Shamima enjoyed being there so much, she redecorated the bedrooms, which had become shabby. Ahmad was so pleased with the appearance of the bedrooms he promised to pay Shamima £1,000 for all her hard work.
However, Ahmad became short of money so he did not pay Shamima for the decorating.
In fact, he was so broke, he borrowed £200 from Shamima as a short term
loan to be repaid in one month. When the loan was not repaid on time Shamima agreed to accept £100 in full settlement of the loan if Ahmad drove her to London to see one of her clients.
After a dispute with Ahmad, Shamima wants to claim the £1,000 she was promised for the decorating and the £100 outstanding on the loan.
3) Dinaz wanted to sell her bookshop in Preston because the business had suffered from the increasing numbers of online book sellers.
She advised Phil, a potential buyer, that the annual profits were in the region of £80,000 per anum over the last five years and told him that most of her customers were from the nearby Fylde University campus.
Dina invited Phil to inspect the business accounts but Phil declined as Dinaz’s confident manner convinced him she could be trusted.
On 1 July, Dinaz was advised by letter that the Fylde University was to close due to funding problems. The site had already been sold and planning permission granted for the construction of a power station. Dinaz failed to mention this to Phil, who only found out about it after completion of the sale of the shop to him on 1 August. On 5 August, Phil discovered that annual profits were £40,000 per anum over the previous three years.
Advise Phil whether he has any rights and remedies based on misrepresentation.
Students should answer ONE question from this section.
1) To what extent is the law willing to imply terms into individual contracts and all contracts of a particular type?
2) Discuss the extent to which it is possible to rebut the presumption that there is no intention to create legal relations for social and domestic agreements.
3) How have the courts limited the use of exemption clauses through the rules on incorporation?
4) Explain the extent to which the case law on remoteness limits the amount of damages that may be awarded for breach of contract.
(2) The part concerning the decorating requires a discussion of whether Shamima provided consideration for the promise of money, since without this there is no contract for the money. In particular, you need to focus on the rules surrounding 'past' consideration. The part concerning the loan also requires a discussion of consideration, in particular whether Ahmad has given consideration for the variation of the loan agreement. You want to look at the rules surrounding part-payments of debts as consideration.
(3) This is on misrepresentation, with a focus on whether Phil 'relied' on the statement (since he could have looked at the books but didn't), and whether the failure to provide information can be an actionable misrepresentation. There are two potential representations which you should look at separately - the false statement on profits and the failure to mention the pending closure of the University.
Hope that helps.