Is there a possibility for Buywise to terminate the contract with Sadbury due to the fact that the offered product does not correspond to the statements made by Sadbury in the pre-contractual negotiations?
Buywise has entered into a contract with Sadbury only because of the…
Again, Sudbury confirmed that child labour was not used and at the same time stated that their chocolate contained 95% cocoa solids and was “the best in the world”. These statements have convinced Buywise to enter into a contract with Sadbury, not being aware of the fact that these statements do not correspond to the reality and they are simple lies.
Buywise would not have entered into a contract with Sadbury unless it would have been assured by the latter regarding the quality and non-usage of child labor. According to Richards P. (217) “A misrepresentation may be defined… as a false statement of fact that induces another to enter into a contract.”1 It is obvious that Sadbury has made a false statement regarding its products in order to induce Buywise to enter into a contract with it. Moreover, this statement was practically the reason that convinced Buywise to sign the contract. In the case of Derry v Peek (1880) the House of Lords concluded that “Fraud is established where it is proved that a false statement is made: (a) knowingly; or (b) without belief in its truth; or (c) recklessly, careless as to whether it be true or false.”2 Therefore, I believe that Sadbury can be held liable for fraudulent misrepresentation
Once the fact of fraudulent misrepresentation has been established, Buywise has the right to rescind the contract. The Misrepresentation Act expressly stipulates that “Where a person has entered into a contract after a misrepresentation has been made to him by another party thereto and as a result thereof he has suffered loss, then, if the person making the misrepresentation would be liable to damages in respect thereof had the misrepresentation been made fraudulently, that person shall be so liable notwithstanding that the misrepresentation was not made fraudulently, unless he proves that he had reasonable ground to believe and did believe up to the time the contract was made the facts represented were true.”3Therefore, ...
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(“Contract Law Essay Example | Topics and Well Written Essays - 1000 words - 4”, n.d.)
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(Contract Law Essay Example | Topics and Well Written Essays - 1000 Words - 4)
“Contract Law Essay Example | Topics and Well Written Essays - 1000 Words - 4”, n.d. https://studentshare.net/miscellaneous/398605-contract-law.
14). So, whenever one party identifies that the other has not performed the duty as per the terms of the contract, he has a right to sue for injuries or loss suffered as a result of the failure of the other party to perform the duty. However, the claimant has the evidentiary burden to proof that he was ready to perform his duty while the other did not do so.
It is all about voluntary agreement and cooperation through bargain and exchange. The role of contract law is to protect expectations by private counterparties on bargains agreed upon and aids in planning for the future. A good example of a contract is the case of a business agreement where a seller promises to deliver certain specified type and quantity of goods on a particular date in the future and the buyer, on the other hand, agrees to pay a specified price and amount of money for the goods on the dame date.
An agreement that is enforceable by law is a valid contract. It is an agreement legally enforceable between two or more parties having a set of mutual promises as its core, which create the rights and obligations of the parties (Advocates for International Development, n.d).
The author states that Patrick Atiyah’s book, Introduction to the Law of Contract, has been imperative in the spread of Contract law and thus enabling people understand the various concepts in the law and the rubrics for its effective running. Britain is one country that has embraced contract law with a lot of passion.
Secondly, the analysis seeks to evaluate whether there was sufficient basis for either party to rescind the contract, or by the party rescinding the contract, a violation of the legal provisions under the contract law were violated. Thirdly, the analysis will consider the available defenses for the defendant in this case, Lord Melbray, allowing him to terminate the contract.
Ideally the contracting parties must have entered into an agreement which happens when one party makes an offer and the other party accepts such offer. The tenets of common law provide that a contract is binding only when supported by a consideration and not a promise.
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
An offer is a statement made by a party over a subject matter and with terms and willingness be legally bound to the statement should the other party accept it. Acceptance exist when a party to whom the offer is
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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