StudentShare solutions
Triangle menu

Contract law as practiced in Europe - Case Study Example

Not dowloaded yet

Extract of sample
Contract law as practiced in Europe

The aim of this letter is to examine whether your wife has a chance of getting a favourable settlement in court if she decides to take legal action against you after all.
The issue here is whether Penny's case will succeed if brought to court. In other words, will the case find you, Max Power, liable of paying Penny the money that you owe her for support for the past six months This is given the fact that the two of you are still legally married under the Irish Family Law Act 1995 and you having promised to support your wife who is unable to work because of the work place accident that she had five years ago. These are the questions I, as your legal adviser, will be trying to answer in this letter.
As to whether Penny's case will succeed if it comes before any Irish family court, I strongly believe that your wife stands a higher chance of convincing the judge to force you to clear the outstanding balance and to continue paying her the monthly allowances. This is if she accuses you on other grounds apart from the current grounds of ostensibly breaking a contract. However, since she has opted to sue you for breaking a contract, I believe that her case does not stand a chance in a court of law in England. This is because there is no legal document that exists showing that the two of you entered in any form of contract. ...
3 In June 2008, you left for Dubai and left your wife alone at home
4 You verbally agreed to pay Penny support allowances of $1500 verbally and you did so for six months
5 In January 2009, you met Stacey Floodgates and soon took her in as your partner
6 Since January 2009, you defaulted on paying Penny her monthly allowances
7 Five years ago, Penny had an accident which left her unable to work, and so she had been relying on her husband's support payments for upkeep
8 The reason why Penny is suing you is because she believes that the contract between the two of you, though verbal, was binding

Rule Statement and Rule Synthesis
For a contract to be binding under the European code of conduct, there are some requirements that it has to meet. These are generally referred to as "the three c's" (Gordley, 2008). The first is the cause, whereby a reason should have emerged that required for the drafting of the contract (Gordley, 2008). The second is consideration. This is whereby the two parties must have identified the form of contract that is best to enter into to given their circumstances. The third and most important aspect of a contract in our case here is the consent (Gordley, 2008). This is an indication that the parties went through the contract and agreed to abide by the terms provided for there. This consent is indicated in form of a signature that is appended by both parties in the contract. Without a signature, leave alone without the written document, the contract is null and void, and nobody can be accused of breaching it.

The only exception whereby an actual signature is not needed on the document is when the contract is done online (Orlando, 2009). But even these form of contracts, under the Irish law that governs electronic contracts, ...Show more


I understand that your wife of ten years, Penny, intends to take legal action against you, her husband, for defaulting on the agreement that you had with her to the effect that you will be paying her 1500 per month. Preceding this agreement, the two of you were not happy within your union, but despite this, you are still legally married to her…
Author : rbergstrom
Contract law as practiced in Europe essay example
Read Text Preview
Save Your Time for More Important Things
Let us write or edit the case study on your topic
"Contract law as practiced in Europe"
with a personal 20% discount.
Grab the best paper

Related Essays

Contract Law Problems
It would be advisable for him to seek the help of a professional lawyer to go over the documents and ascertain; the fact that Sheldon had provided false report by not signing the required documents. Still there is a possibility that of him loosing the case because to start with on his part he did not follow the appropriate procedure of acquiring property in NSW.
5 pages (1250 words) Case Study
Contract law
The parties should be able to rescind the contract under mediated caution. Rescission of a contract, based on mutual mistake, involves both legal and ethical considerations that should be made in justifying it. A legal approach to the issues identifies termination of a contract under mutual mistake because this makes a contract void per se.
3 pages (750 words) Case Study
Contract Law
Under such circumstances ASL decide not to deliver the oven at that time. Alan does possess a small oven but he deems that it would be inadequate for the particular use. As a result, Alan's restaurant cannot open until 5th November, when the oven finally arrives.
8 pages (2000 words) Case Study
Contract Law
The Director General of Fair Trading v. First National Bank [2001] 1 AC 481, was a test case, which has garnered a considerable amount of attention and controversy on the issues of fairness (equality) and reasonableness.
16 pages (4000 words) Case Study
Contract law,
A contract is a legal binding between two parties (individuals or companies at either side) which is signed by both parties at their full consent after having a "clear" understanding of the terms set forth. The primary attributes of a contract are: Contracts should always be written with all the terms clearly legible, numbered and referenced (if any reference to supporting documents are required - example, offer letter or technical specifications).
7 pages (1750 words) Case Study
In such a case if one party, without the mutual consent of the subsequent party, fails to perform his obligation, the aggrieved party has the right to seek redress for the breach of the contract through normal enforcement procedures - civil court. There are two major types of contracts: contracts by deed and simple contracts.
8 pages (2000 words) Case Study
English Contract Law
Even oral agreements become enforceable. The crux of the issue is that there is a contract made between Dodgy Tony Limited and Gordon and since there is a valid contract, both the parties to the contract are bound to fulfill the terms of the contract. Gordon is entitled to claim his money back which he has sent to Dodgy as the company has violated the terms of the contract.
4 pages (1000 words) Case Study
LLB Law - Contract Law
In Mr Taylor's case the contract was indeed a legal and binding one since there was an act of performance when Mr Taylor worked to produce the costumes. An offer takes effect only when it is actually communicated to the offeree as in Taylor v Laird (1856) 1 H & N266; 25 LJ Ex 329.
3 pages (750 words) Case Study
Contract law
??s imposing of a collective, equal liability upon all the students residing in the halls of residence is unfair, especially when the individuals responsible for a breach of the contractual terms cannot be identified, and whether the exclusion clause (c), exonerating the
3 pages (750 words) Case Study
Contract law
1. Hastings should not be awarded a damage of £1000 as damages but remedied the value of the wood to be used in the house. This case is quite different from the case of Ruxley Electronics and Construction Ltd v Forsyth [1995] in which the
2 pages (500 words) Case Study
Get a custom paper written
by a pro under your requirements!
Win a special DISCOUNT!
Put in your e-mail and click the button with your lucky finger
Your email
Comments (0)
Rate this paper:
Thank you! Your comment has been sent and will be posted after moderation