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PAPER TITLE: LAW: CONTRACT LAW AND TORT LAW

DATE: Monday, 10 June 2019

PART 1

CONTRACT LAW

Question 1

This question correlates to Scenario 1

Advise Brynn, explaining his legal position in respect to Gwillim and Gareth.

SOLUTION

The first legal issue in this question bothers on Offer and Acceptance, one of the important elements of a valid contract. This is to consider whether Brynn has entered into a valid contact which may be enforceable against him by Gwillim and Gareth where there is a breach or disputes arisen.

While a contract is as an agreement which the law will enforce or recognize as affecting the legal rights and duties of the parties. Also regarded as a promise or set of promises which the law will enforce.

… …. …

For a contract to exist, there must be an offer by one party, known as the Offeror, to another who is also known as the Offeree; and an acceptance by the person to whom the offer is addressed…

From the facts of the case, there are two parties each to the agreement, Gwillim was the first Offeror while Gareth was the second Offeror with Brynn being the Offeree. The subject matter of the agreement was a moderately used Honda CRV which Brynn intended to put out for sale. It can be considered that the offer made by Gwillim on 1 June did not amount to a valid contract because it...

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Question 2

This question correlates to Scenario 2

Undertake an evaluation of this statement whilst drawing upon case law dealing with mistaken identity.

The most common form of unilateral mistake is one of mistaken identity. Case law has produced a presumptive rule that a contract may be created between the original owner of goods and a rogue when dealing with mistaken identity.

PART 2

  TORT LAW

Question 3

This question correlates to Scenario 3

Advise Harry about any potential claims in tort.

Question 4

This question correlates to Scenario 4

Undertake an evaluation of the legal rules dealing with vicarious liability

The operation of vicarious liability makes an employer liable for the tort committed by their employee. There has been a growing recognition that the once established rules dealing with vicarious liability have created new challenges and extended liability.

[END OF QUESTION PAPER]

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Last updated: Sep 02, 2021 12:16 PM