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Essay / Research Paper Abstract
This 7 page paper looks at three questions The first considers obligations under a contract and the contract may be ended by frustration. The second looks at obligations under a contract of service and if exclusion clauses can be used to reduce statutory liability. The third paper of the paper looks at tort and duty of care, first with a child wandering off in a building, secondly with duty of care to those working on a building and thirdly the tort of libel when a story is misrepresented resulting in an individual being suspected from their job. The bibliography cites 8 sources.
Page Count:
7 pages (~225 words per page)
File: TS14_TEobligation1.rtf
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Unformatted sample text from the term paper:
and employed Happy Times; a party organising company and a catering company. She now wishes to cancel this contract. We assume there is a valid contract.
The only way this contact may be ended is due to mistake, frustration or completion. There is no mistake and Mary does not want the contract
to complete, so she will either need to claim frustration or breach the contract. If Mary is in breach of the contract she will be obligation to put the caterer
and the party organiser in the position they would have been in had the contract gone ahead. Frustration can only be seen
to occur as a result of events that take place after the contract has been agreed. This is true in this case.
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 to the physical destruction
of the contract subject matter. There is no physical destruction of property in this case. We may argue that the reason is
due to the impossibility of the task as a result of external factors. Here we can use the case of Gamerco SA v ICM/Fairwarning (Agency) Ltd [1995] 1WLR 1226. However,
we can argue that with this case there is an indication that there has to be a reason why it impossible rather than impracticable.
In this case there is the outbreak of a disease and the voluntary ban put in place on large social gatherings. Therefore it is not impossible but
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