MARION'S MISERY

Marion's Misery

Marion's Misery

Q1: Advise Marion as to when the contract was formed between her and Practical Electricals. In particular, you should explain to Marion the rules of offer and acceptance in English contract law.

A contract is a lawfully implementable accord between 02 or more partakers. Contract law identifies what makes ups an officially enforceable accord. Contract is a declaration of the obligations and rights of each side to a transactions or transaction. A contract is an official printed declaration of the conditions of a relationship or transaction. But most relationships and deals are performed exclusive of a formal contract. The formal contract that someone may have with an institution to lend him/her money may not preclude the institution raising its interest rate to above market levels, there is an implicit contract that it would not do so. It is in the interest of the building society not to abuse the implicit contract, for to do so would damage its long-term reputation. (www.legislation.gov.uk)

In order to know the rules of offer and acceptance in English contract law, Marion must understand the term “Contract”. Contract is a branch of the law of obligations that deals with obligations voluntarily assumed. Civil law jurisdictions share the inheritance of Roman law, but the canon law idea of pacta sunt servanda ('promises ought to be obeyed') has had a considerable influence. The main development since classical Roman law has been the movement away from having a law of mainly specific contracts like hire, service or sale and accepting that consent underlies them all. In the Anglo-American jurisdictions the need for consideration is superimposed.

The requirements for a contract in Anglo-American law are that there be an offer, an acceptance, consideration and an intention to effect legal obligations. Scots law, because of its civilian origins, does not require the consideration. Contractual consent is generally discovered by objectively, rather than subjectively, investigating the parties' positions. The possibility that they have not actually reached agreement on the same thing - consensus ad idem- is treated under the law relating to mistake or error. (Atiyah 2009, 25)

Q2: Advise Marion as to whether Practical Electricals have breached any sections of the Sale of Goods Act 1979

Consumer law has developed into a discipline in its own right during the last four decades. The purpose of this review is to introduce the reader to some of the key reference points for the literature in this area. The subject can be broken down into subcategories, which experts can develop into subjects in their own right, e.g. sale of goods, product liability, consumer credit, financial services etc. However, the references listed here concern consumer law in general. My British origins are revealed by my choice of some UK works, although I have tried to select those that take a broad approach. Consumer law in Europe has been heavily influenced by EC law and so it is necessary to include EC material. And since this is a subject that lends itself to comparative research, some US ...