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Question: Upina Flash agreed to build a conservatory for Morris. Measurements incorrectly taken by Upina Flash, poor quality parts and factory delays cause the contract’s completion to overrun by six weeks.
Consequently, when the work is completed, Morris decides to withhold payment.
Upina Flash argue that his complaints are unjustifiable and threaten legal action unless he pays as agreed. However, when Morris offers to pay 80% of the agreed contract price, Upina Flash accept the amount offered and signs a receipt stating that this is in full and final settlement.
Upina Flash have now changed their mind and wish to recover the discount allowed.
Consider Morris’ potential liability towards Upina Flash. (Mark 18/25)
Answer: A valid, binding contract must consist of an agreement of offer and acceptance, intention to create legal relations, certainty of terms, contractual capacity and consideration. In regard to the question above, we are analyse whether or not there is a potential contractual liability owed by the defendant, Morris, towards the claimant, Upina Flash.
An agreement of offer and acceptance exists between both parties when Upina Flash agrees to build a conservatory for Morris. Whether or not the agreement should be legally enforceable, the courts have to apply the doctrine of consideration. As per Ewan Mckendrick, “the role played by doctrine of consideration is to give an agreement a badge of enforceability.” The distinction between an enforceable promise and a bare promise is based on the presence of consideration, where it is also an important that the parties intended their agreement ...(short extract)
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- Subject: Law
- Course: Law
- Level: A-Level
- Year: Not applicable
- Mark: Not available
- Words: 1526
- Date submitted: August 02, 2015
- Date written: November, 2011
- References: No
- Document type: Essay*
- Essay ID: 6723
