In Moore v. Landaeur , we find adherence to S 13 of the SOGA, concerning tins of fruit and Beale v. Taylor , involving a car that turned out to be a collection of soldered vehicles. Also in S14 of the SOGA the goods are to be of satisfactory quality. Examples are Grant v. Australian knitting mills , itchy underpants and Wilson v. Rickett, Cockerall & Co. , exploding coal. S14 deals with instances where goods are useable but have some form or defect. Examples include Rogers v. Parish and Another v. Parish (Scarborough) LTD. And Another , where the court of Appeal held that a series of defects in a Range Rover made it unmerchantable (not satisfactory quality) even though it was fit to drive. S14 (2a) states: goods are of satisfactory quality if they meet the standard that a reasonable person would regard as satisfactory taking into account of any description of the goods, the price (if relevant) and all the circumstances.
In With v. O’Flannagan  the court held that silence did not amount to misrepresentation. Further in Keates v. Cadogan it was decided that the seller was not bound to negotiate in good faith, that the disclosure of facts not known to the buyer could be withheld…
However, sometimes contracts may be established orally in other words without documentation of the binding agreement. In cases of breached contracts, a situation where one party fails to hold up to its part of the deal, there are compensations made to cater for the damages.
The law has provided for remedy in an event one or both parties breach the contract; the remedy for breach of contract is damages or monetary compensation. Basically, there are three types of contracts: contracts that require written evidence, written or specialty contract, and simple contracts.2 Of particular importance to this paper is simple contracts; simple contracts are those which are formed without any legal formalities and they can be written, implied, or oral such as in partnership agreements and sale of goods contract.
The first relates to the requirement that only the promisee is entitled to enforce the contract, thus, barring a third party from enforcing it himself (Dunlop Tyre Co v Selfridge )1. The second pertains to the requirement of consideration that is an essential ingredient in the formation of a contract.
In case one party breaches the contact, they are likely to face an action of damage. Alternatively, the court may direct the party who have bleached the contract to a performance. In most cases, a contract is usually commercial in nature and it involves sales of certain goods or services.
Examples in law are Solle v. Butcher  where the court held; Equity can be called upon if the mistake is not fundamental, therefore void, equity can step in and make it void able. Also in Dimmock v. Hallett  the seller made statements concerning the property which were not merely commentary or advertising hype.
parties even though it is mainly intended to provide for stream lining and convenient mechanism of transaction but is governed ultimately by English contract law. By anticipating the possible consequences arising out of ill intentions of one of the parties, the framers of
“A contract may be defined as a legally binding agreement… The agreement will create rights and obligations that may be enforced in the courts. The normal method of enforcement is an action for damages for breach of contract, though in some cases the
atter’s affirmation that Sudbury were “ethical traders” and that no child labour was used in the growth and production of their cocoa and chocolate. Moreover, Buywise has specified that they were not interested in the chocolate bars unless they were made without using
They include the fraudulent misrepresentation, negligent misrepresentation and innocent misrepresentation. The effect of finding out the misrepresentation aspect is because the contract is voidable. It simply means that the claimant can set aside the
In a case of a common mistake in contract the most adversely affected party can seek court intervention to rescind the contract under the doctrine of mistake in equity.2 The interpretation of a common mistake poses
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