CONTRACT LAW

Contract Law: Deferral /Referral Assignment 2012 -2013

Contract Law: Deferral /Referral Assignment 2012 -2013

Task 1

Table of cases

"Jackson v Horizon Holidays [1975]"

"Jarvis v Swan Tours [1972]"

"Kemp v Sober (1851)"

"Hamlin v Great Northern Railway Company (1856)"

"Hobbs v London and South Western Railway Co"

"Cox v Philips Industries Ltd (1976)"

"Heywood v Wellers (1976)"

"Revill v Newbery (1995)"

"Caparo Industries plc v Dickman [1990]"

“Vellino v Chief Constable of the Greater Manchester Police" ( www.legislation.gov.uk)

Table of Statutes

“Unfair Contract Terms Act 1977” (McKendrick, 2010, pp.421)

“Trade Practices Act 1974” (Stone, 2011, pp.571)

“Civil liability ACT 2002”

“Criminal Justice and Public Order Act 1994”

“Serious Organized Crime and Police Act 2005”

“Occupiers liability Act 1994” (www.legislation.gov.uk) (Horne & Beard, 2012, pp.01)

Summary

The research and the findings regarding the two scenarios provided that there can be breach of contract and a breach of duty. Breach of contract is categorized into several types which results in causing damage or inconvenience to either of the parties to the contract. Breach of contract is not necessarily supposed to result in a monetary or physical loss. The breach of a contract that results to a discomfort and disappointment to the parties to the contract is also considered as an infringement of the contract and is regarded as causing damage to the one of the party to the contract (McKendrick, 2010, pp.405-420). The party facing the damage in terms of discomfort and disappointment arising from the performance of the contract can sue or claim another party according to the breach of contract.

If the seller of a good or provider of a service explicitly or implicitly describes something or promises by the terms provided in the contract which includes the advertising and marketing materials, then the seller is liable to provide those promises (Stone, 2010, pp.571-581). A negligence to fulfil those promises results in and is counted in the breach of contract according to the contract law. When two parties where one is the seller and another is consumer, the contract makes the seller liable to complete the contract and deliver the goods or services in the conditions in which it were promised or implied explicitly or implicitly (www.legislation.gov.uk). A failure to do so makes the consumer or customer able to claim against the seller or the service provider even it resulted in inconvenience, discomfort or disappointment and not in any monetary loss.

Another finding that resulted from the research carried out was regarding breach of duty and duty of care. A breach of duty occurs when a party generally referred to as a defendant falls short of meeting the standards that the law has proposed. In the law of United Kingdom, it is mandatory that an individual or a party makes certain that any other party is not caused any harm or does not suffer any loss because of any act of the first party or individual. This notion is known as the notion of “duty of care”.

Just like the breach of contract if the duty of care is breached, which ultimately results in one or more sort of harm or ...