CASE ANALYSIS

Contract Law

[Name of the institute]Contract Law

Issue 1

Hank clearly stated to Wesley & Jones that they will have to pay a higher premium at the beginning of the contract and business. When the production was completed Wesley & Jones refused to pay the premium price. This is a clear breach of contract. When two or more parties agree to an agreement with an intention of creating an obligation that is legal, is known as a contract. As mentioned in the case, With v O'Flanagan [1936] Ch 575, if the contractual promise is not fulfilled by any one of the parties, it results in breach of contract in business. In this case, anticipatory breach of contract is occurred. This occurs when the other party does not perform when expected (Adams & Brownsword 2004, 185). Therefore, Full & Frank can sue Wesley & Jones for damages as they have breach the contract. If they disagreed on paying the higher premium price, they should have discussed it with Hank earlier. It is recommended that, Full & Frank firstly try to reach to a settlement outside the court settings. If it does not work then Hank can file the compliant in court and ask for the premium price.

Issue 2

According to the case, Hank and Brian did a supply contract with Everest for last two years. Hank and Brian used to import through Everest from Tibet. Because of political situation Everest could not continue the supply. This is because Everest lied or mentioned wrong details on their website. By getting ideas from case Museprime Properties v Adhill Properties [1990] 36 EG 114 it is advised to opt for ethical standards when signing contracts and to ensure that they fulfill the promise that has been made. In case the promises are not fulfilled, the innocent party ...