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PAPER TITLE: LAW: CONTRACT LAW AND TORT LAW

DATE: Wednesday, 7 June 2017

PART 1

Question ONE

This question correlates to Scenario 1

Advise Jin, Donal and Emma who have now arrived at Larisa’s house to collect the car.

Advice to the parties

There are two legal issues in this scenario. The first issue is to consider whether the advertisement published by Larisa in the local newspaper constitutes an offer or an invitation to treat. Also, to consider whether there is a legally binding agreement between Larisa and the parties to determine whether Larisa could be held bound by the agreements and liable for breach of contract considering the principles binding formation of contracts.

For a valid contract to be formulated, there are some essential elements which must be present. These include offer, acceptance, consideration and intention to create legal relations. First, it must be established that a binding agreement must be reached between the parties. For such agreement to become binding, there must be an offer by one party and acceptance of the offer by another party to the contract.

… …. …

In the present case, in considering whether the agreement between Larisa and Jin, Donal and Emma, fulfills the conditions stipulated for the formation of a contract, there is a need to consider whether the principles of offer and acceptance are present.

Where an advert is made to reveal that there is room for negotiation between the offeror and the offeree, such advert would be regarded as an invitation to treat. The rationale for this rule is because the person making the invitation is creating an offer to receive offers and does not hold himself bound to anyone who responds to the advert until a certain agreement is reached. This is also because the option to revoke the advert is also available to the person making the invitation. In Patridge v Crittenden…

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Question TWO

This question correlates to Scenario 2

Using case law and academic opinion undertake an evaluation of Lord Atkin’s reasoning and explain why you either agree or disagree with him.

PART 2

Question THREE

This question correlates to Scenario 3

Discuss the claims which may be brought against Boggis and Amplify Accountants in tort.

Question FOUR

This question correlates to Scenario 4

 Discuss the statement of Lord Mance with reference to negligent misstatement and evaluate whether the current law on pure economic loss in this area is satisfactory.

[END OF QUESTION PAPER]

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Last updated: Sep 02, 2021 12:18 PM