Rules--- according to review the textbook, we could list some of law and concept to discuss this case, such as Privity of contract, Bilateral contract, Revocation of offer by offeror, condition, anticipatory repudiation, remedy and compensatory damage.…
National Steel, Inc., and Overland Transport Company enter into a contract. Superior Oil Corporation, which will indirectly benefit from the deal, is prevented from having rights under the contract by the principle of…
[ 29 ]. Huddart, Parker & Co Pty Ltd v Moorehead (1909) 8 CLR 330.…
• LG Thorne & Co Pty Ltd v Thomas Borthwick & Sons (Australasia) Ltd (p220)…
Under the assumption that Edwina has paid for the property the House of Lords ruled on a similar case of Sharp v Thomson saying that “a person who has made delivery of a conveyance and accepted…
2. Central London Property Trust Ltd v High Trees House Ltd [1947] 1 KB 130…
As societies jails become increasingly over populated there seems to be a new question as to why people recommit crime and how to influence the desistance process. For those in the Criminal Justice fields theories on why individuals commit crimes are abundant. Society, biology, genes, and upbringing are all fair game in assessing the why a person commits crimes. Although understanding the etiological reasoning for crime is important, it has now become increasingly important to understand the importance of desistance and curbing criminal behavior. There are several links that have been associated as positive correlation with deterring further crime. These include marriage, family and employment. It is easy to give a broad reason to why these factors have such a positive influence on crime, but even more important is the understanding policy implications that research into this topic will create. This paper will begin by examining existing research on the topic of employment and desistance. A survey of local employers will be conducted on employers in the Du Page, IL area to identify hiring processes of convicted criminals. Lastly if employment is the key to curbing criminal activity why are we turning away droves of quality employees?…
Welfare began as a federally funded program in the 1930s during the Great Depression for mainly the elderly and disabled, but also the unemployed. Many Americans complained of abuse of the welfare program, claiming the citizens with assistance "were not applying for jobs, having more children just to get more aid, and staying unmarried so as to qualify for greater benefits," ("Welfare Information"). President Bill Clinton passed a reform law in 1996 that turned the welfare system power from the federal government to state governments and required the able-bodied to work or prepare for work. This law essentially…
Research the Internet for Indiana's unemployment rate and your city unemployment rate. Compare the two. Is your city higher or lower than the state unemployment rate? By how much? What discrepancies between ethnic groups are there with regard to unemployment, if any?…
The doctrine of unconscionability prevents a contracting party from exploiting their full contracting rights when the courts feel that it is inequitable for them to do so. This essay shall examine the juristic basis of unconscionability with reference to the basic principles expounded in the classic case of Fry v Lane. It will conclude that there is no need for a doctrine of unconscionability because most of these cases can be explained on the basis of common law principles such as duress, undue influence, unilateral mistake, capacity and misrepresentation.…
* Though the previous maxim indicates equity’s willingness to intervene where the common law will not, it should not be thought that equity will automatically intervene whenever a certain situation arises. In general, one can say that wherever certain facts are found and a common law right or interest has been established, common law remedies will be available whether that produces a fair result or not. By contrast, equitable remedies are discretionary and the court will not grant them if it feels that the plaintiff is unworthy, notwithstanding that prima facie he has established and equitable right or interest. The maxim that he who seeks equity must do equity together with the next maxims, concerning delay, are aspects…
Before we can delve into the question of the Contract Right of Third Parties Act 1999 we must first discuss the ideology of Privity in contract law. This is something that has been prevalent for many years and is a highly controversial doctrine. In this essay I shall discuss the changes bought forward by the Act, define the doctrine and delve into the extent of the success of the Act taking into consideration it 's many various criticisms.…
Typically, an analytical paper presents an examination of an issue or problem or presents an opinion based on fact. The writer analyzes an issue, another piece of writing, an idea or a question by breaking the topic down into parts or areas that can be supported with various facts and that go together to convince the reader of the validity of the writer's opinion. Generally, three support areas are enough, although this will vary. The simplest analytical paper consists of approximately five paragraphs, as follows: I. Introduction, including a thesis statement that identifies both the point to be made and the general areas that support it. II. Details of first support area. III. Details of second support area. IV. Details of third support area. V. Conclusion, often including a summation of the main point or argument. It is essential for an analysis to have a point; that is, it must say something about which people can reasonably be expected to have differing opinions. A topic such as battery acid should not be consumed is not an appropriate one for analysis because, although you may be able to assemble three strong support areas to convince your reader that battery acid should indeed not be consumed, no reasonable reader would maintain that it should be. If, on the other hand, your point is that batteries should be made of non-toxic materials because battery acid enters the water table through landfills, an explanation of the harmful effects of battery acid is entirely justified, since some readers would no doubt maintain that there is not much risk or that such a change would result in a loss of jobs, or some other point of view. Some General Considerations Avoid the use of the second person (the pronoun you) in making your point. Although we do this all the time when speaking, it makes for a sloppy sounding argument in…
Privity is where someone not a party to a contract can be liable under neither it nor benefit from it. There has to be a promise from the party also some consideration. It is stated in the book 19th Century according to Richards that privity’s modern authority has been through the case of Dunlop v Lambert. In Dunlop v Selfridge[1] where there was a contract between Dunlop to the wholesaler and then to Selfridge, Dunlop stated not to sell tyres below the list price and the wholesaler created the second contract that if tyres were sold under the list price then it would be seen as a breach and there would be a fine of £5 for each tyre.[2] So this contract involved a third party which is the wholesaler in between. It was held in this case by Lord Haldane “in the law of England certain principles are fundamental. One is that only a person who is part to a contract can sue on it… a second principle is that if a person with whom a contract not under seal has been made is able to enforce it consideration must have been given by him…”[3] So this shows that it was for Dunlop to agree on this charge of £5 per tyre as they are under the seal of the contract. By using the rule stated from Dunlop v Lambert it states that the main contract holder in this case is Dunlop has less control that he would have if he had gone direct to the retailer to sell the product. So it seems there would have been more control if there were only two parties involved. Also under the rule Selfridge cannot get compensation if he suffers no loss. This rule has made it easier in Privity as it gives a remedy when parties had thought there was a breach and would cause damage to a identifiable third party and has there is no other remedy.[4] This allows the law on three party contracts being clear and consistent. In the case of Darlington Borough Council v Wilshire…
Breach of contract according to the online English dictionary is the failure to perform a term of contract that is either put in written or oral. For example, failure of tenants to pay rent in the agreed time by the landlord, acts which show a party will not be able to complete the agreed work in time, or failure of the landlord to provide security to his tenants. Breach of contract is one of the most common cases of law suits. This paper will evaluate the effect of breach of contract.…