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Essay / Research Paper Abstract
This 5 page paper looks at two questions posed by the student, The first is a contract where circumstances make it difficult for a contract to be honoured. The paper looks at if and when frustration may be invoked. The second part o the paper considers a garage owner that wants to avoid liability by outing a clause in the contract to expect him from any liability. This is considered with reference to the Sale of Goods Act 1979 and the Sale of Goods and Services Act 1982. The bibliography cites 6 sources.
Page Count:
5 pages (~225 words per page)
File: TS14_TEobligation.rtf
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Unformatted sample text from the term paper:
catering company. With each there was an agreement, the party organisers were charging 3,000, 1,000 was payable as a deposit and the balance was payable on the day of the
party. The caterer was charging 5,000 which was payable in the day of the party. The outbreak of Cow Tail disease has resulted in a voluntary ban being placed on
large social gatherings in effected areas, which included Marys home. She has cancelled the party but both the party organiser and the caterers have already incurred costs. It appears that
Mary may be in breach of contract. To consider the position here we need to look at the situaion. For there to
be a valid contract there needs to be both offer and acceptance as well as the intention to create legal relations and consideration. There is little doubt form the details
that n each cases there is a valid contract, there is an agreement to what is going to be done and how, the consideration has been determined and the plans
have been going ahead,, with both parties proceeding in the belief there is a contract. The issue is whether or not Mary can cancel the party without being in breach
of contract. If Mary is in breach of the contract she will be obligation to pout the caterer and the party organiser I the position they would have been in
had the contract gone ahead. Frustration can only be sent o occur as a result of events that take place after the
contract has been agreed. Cases that can be looked at include that of Taylor v Cadwell (1836), where a contract was deemed to be ended as it was frustrated due
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