UK contract law part b fact pattern.
UK contract law part b fact pattern.
Answer all parts of this section
Question b (i)
Marcus is a builder. He has recently worked on three old houses known as ‘Highgate House’, ‘Apple Cottage’ and ‘Caldwell Court’.
Marcus lives next door to ‘Highgate House’. The owner, Elsie, is elderly and has had problems with a smoking chimney. She told Marcus about these problems. He called and repaired the chimney. Elsie said that Marcus was such a good neighbour that she would give him £300 for the work he had done. She is now refusing to pay the £300.
Safina, a jeweller, owed Marcus £8,000 for fitting a new bathroom in ‘Apple Cottage’. Unable to pay Marcus the full amount owed by the date agreed, she offered to pay him £5,000 and to give him a ruby and diamond necklace. Marcus agreed. Safina paid Marcus £5,000 and gave him the necklace. Marcus has now had the necklace valued and has been told that the necklace is worth only £500.
Marcus renovated ‘Caldwell Court’ for Gary, who had a highly paid job with an investment bank. The agreed price for the renovation was £100,000. Gary’s employer was subsequently forced to cease trading and Gary was made redundant. After paying Marcus £30,000, Gary said that he was unable to pay any more at present. Marcus has now received a letter from Joan, Gary’s mother, offering Marcus £35,000 in full of satisfaction of her son’s remaining debt of £70,000. The letter makes it clear that this is Joan’s final offer. A cheque for £35,000 is enclosed.
Marcus is now experiencing financial difficulties himself. He is eager to recover as much money as he can from customers.
Advise Marcus on whether he can recover the money that he believes is owed him by Elsie, Safina, and Gary.
Question b (ii)
Rosie wished to buy a show dog and asked Anthony to sell her his Irish Wolfhound Cassandra, which had won the Crufts Dog Show last year. Anthony asked whether Rosie wished to have a look at Cassandra but Rosie replied, “She won the Crufts Dog Show last year – there can’t be much wrong with her, can there? I’ll give you £500 as agreed”. Anthony said nothing.
When Rosie had taken Cassandra home, she noticed that the dog was extremely restless. Rosie took the dog to a veterinary surgeon, Victor. Victor advised Rosie that the dog had been suffering from a nervous disorder for several months. He prescribed a new drug, Braslim, for the dog. The side effects of Braslim were not fully known and practitioners had been advised to warn customers of this. Victor informed Rosie that the drug may have certain side effects, but to keep using it. After a month on Braslim, the dog still had not settled. Cassandra became extremely aggressive and attacked Rosie.
Rosie claims that Anthony misled her by not informing her of the illness and demanded her money back. Rosie also claims that Victor should have warned her of the side effects of the drug, and that he should compensate her for the consequences of his failure to do so.
Discuss whether Rosie can bring an action in misrepresentation against Anthony and/or Victor, and the remedies available.
Question b (iii)
Shabnam bought an old Georgian house, which she decided to convert into a modern discotheque. The opening night was planned for September 1st. On July 15th, Shabnam contacted DJ Charlz, who was the owner of ‘Sensational Sounds’, and asked DJ Charlz to provide a sound system for the discotheque. She stressed that the system must be installed for the opening night and told DJ Charlz that she expected a near capacity crowd. However, she did not mention that, she had arranged a private party for fifty friends and business acquaintances at £25 per ticket, to take place just immediately before the opening night event. DJ Charlz agreed to install a suitable system for £10,000.
On August 30th, DJ Charlz telephoned Shabnam and said he had been late returning from his summer holiday in Brazil, due to his flight being delayed. He told Shabnam that he would not be able to install the sound system until September 3rd.
Advise Shabnam whether she can claim damages for the following:
(a) Loss of profits on the opening night. Such was the interest from the public that she could have filled the discotheque twice over;
(b) Loss of profits on the pre-opening private party;
(c) Damages for the emotional distress she claims to have suffered as a result of DJ Charlz’s failure to perform the contract on time.
• You must state the number of words you have used.
• You should write no more than 2500 words. Excessive length will be penalised. Footnotes and bibliography will not be included in the word count unless it is apparent that you are including text in footnotes as a means of artificially disguising excessive length
• The penalties for exceeding the word limit are as follows:
• There will be no penalty for exceeding the word limit by no more than 10%.
• Students who exceed the word limit by more than 10% will have their mark reduced by 10 percentage points.
• Essays must be produced in proper word processed form. You must keep a copy of your work.
• Answers to the question must be in essay form.
This list gives merely an indication of the works which you should consult in preparation for writing your essay. It is not exhaustive, and you should explore other sources and materials, e.g. by following up references to journals etc. given in these works and held in the journal collection in the library, either in paper form or on-line, and by using the case lists in your Contract Course Guide. Students should also consult on-line databases such as Westlaw to facilitate wider reading.
Taylor & Taylor Contract Law Directions Chs 1, 4, 5-7, 9-12
Richards Law of Contract Ch 1, 3, 7 – 9, 11, 13 – 16
Furmston M, Cheshire, Fifoot and Furmston’s Law of Contract Chs. 1, 2, 4, 6, 7, 9, 12-13,18-21
Other useful text books
Treitel G, Law of Contract
Beale H, Bishop W and Furmston M, Contract Cases and Materials
Poole J, Textbook on Contract Law Chs
Chen-Wishart M Contract Law Chs
Burrows A, A Casebook on Contract
Atiyah, P.S, An introduction to the Law of Contract Ch 1
An upper second class answer is likely to:
➢ Be clear and well-planned, with a logical structure
➢ Be free of substantial error
➢ Show a strong grasp of principles and arguments, and the ability to analyse, synthesise and evaluate material
➢ Show accurate and effective use of materials
➢ Be analytical and critical in its approach
➢ Demonstrate a coherent and methodological approach to problem solving
➢ Be fluently and properly expressed
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