The issues to be considered, in respect of the losses caused to Simon are; whether the BBL Company is liable for breach of contract, under the provisions of the contract law, whether BBL can invoke the doctrine of Frustration as a defence for non –performance of his part of…
In order to circumvent a contract on the grounds of frustration, it has to be established that the events had not only made it much more difficult to comply with the contractual obligations, but that they had also destroyed its very foundation.
The BBL Company should have made alternate arrangements to contend with the problems arising from the failure of machinery. As per the case law discussed in the sequel, contractual terms that become more burdensome, cannot provide a defence of frustration of the contract. The BBL Company had breached the implied terms stipulated by the Supply of Goods and Services Act 1982, as it had failed to complete the work within the specified time.
In Bush v Trustees of Port and Town of Whitehaven, it was held by the court that the contractual terms had changed sufficiently, for the contractor to claim an additional amount for the inordinate delay.3
This decision was censured in the Davis Contractors case, and it was opined that a party to a contract could not claim relief from a contractual obligation, merely on the grounds that the contract had become more onerous to perform.4
Consequently, a quantum meruit arises only when the circumstances change to such an extent that the contract is frustrated. The mere fact that the contract has become more expensive or has changed appreciably does not constitute frustration of the contract.5
As a result, the goods had to be sent through a much longer route. This doubled the cost, and the appellants contended that the contract had been frustrated. The House of Lords ruled that there was no frustration, as the shipping route had not been specified.7 As such, it was held that a mere increase in cost did not constitute grounds for the frustration of a contract.
In Davis Contractors Ltd v Fareham UDC, a contract had been formed for the construction of a number of houses. ...
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(“Contract II Coursework Question Essay Example | Topics and Well Written Essays - 2000 words”, n.d.)
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(Contract II Coursework Question Essay Example | Topics and Well Written Essays - 2000 Words)
“Contract II Coursework Question Essay Example | Topics and Well Written Essays - 2000 Words”, n.d. https://studentshare.net/miscellaneous/397290-contract-ii-coursework-question.
One of these flats was rented out to Mike, while construction was in progress. The latter paid reduced rent, as the work was incomplete. After the completion of the work, Eileen and Paul allow Anne to stay in one of the apartments, in exchange for her help.
Issues In order to advise Ricky regarding his rights against the CBL company, the issues to be addressed are; Whether the statements made by Lawretta, during negotiations, constitute misrepresentation under the provisions of the contract law. Whether there is a breach of contract by CBL, under the provisions of contract law.
First we shall consider the contract between Jayne and Swot Encyclopaedias (SE). It is assumed on the basis of the presentation of facts that SWOT ENCYCLOPAEDIAS are not denying what they said to Jayne about making a 4,000. Swot Encyclopaedia's likely argument upon denying her the money would be the lack of agreement on the basis of their subjective intention i.e.
A contract according to English and common law is a legal binding containing exchange of promises between the parties involved. The law will enforce the contract if any of the parties breach the contract. The breach of the contract can be recognised by the law and the remedies were provided in the law to make up the loss for the victim.
The purpose of this report is to study the case and advise Jack regarding as to the possibility of him avoiding the consequences of the contract he had with the bank. Having researched the facts of the case
one defines as “what one party to an agreement is giving, or promising in exchange for what is being given or promised from the other side”2 is150,000 pounds, paid in installments and with 6000 pounds withheld. Although “silence cannot be regarded as evidence of
This consideration, which can be anything of value to the offeror, is sometimes unfavourable to the offeree. A major requirement of consideration is that it should be sufficient in Law and it imposes a future responsibility. In general, it is
as said that consideration revolves around the concept of benefit to the promissor, or detriment to the promisee, thus the requirement is mutually exclusive.
An important principle is that consideration must be sufficient and need not be adequate that is it must be something
), discharge of contract (performance, breach, agreement, frustration), vitiating aspects (misrepresentation, mistake, duress), and remedies (compensation, damage, injunction) (British Law, n.d).
An agreement that is enforceable by law is a valid contract. It is an agreement
The importance of contract law can also be evaluated by complexity of legal propositions and legal scenarios in both of its practical functions and in its jurisprudential functions.
If we look at the English Law, it is
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