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Question: ‘Within the canon of contract theory that had been discussed in lectures we have identified 3 types of “promise”? What are they? Give an example of each?’

Answer: The main feature of contractual obligations is that they are not imposed by the state or by the law but are entered...


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  • Subject: Law
  • Course: Contract Law
  • Level: Degree
  • Year: 1st
  • Mark: Not available
  • Words: 1224
  • Date submitted: February 01, 2009
  • Date written: November, 2001
  • References: Yes
  • Document type: Essay*
  • Essay ID: 512

Question: To what extent does the law require or encourage parties to long-term contracts to renegotiate the terms of the transaction in order to cope with changes in circumstances?

Answer: The rules governing the enforceability of contracts are held in a balancing act. With one hand they must maintain the integrity of...


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  • Subject: Law
  • Course: Contract Law
  • Level: Degree
  • Year: 2nd/3rd
  • Mark: Not available
  • Words: 1760
  • Date submitted: January 31, 2009
  • Date written: Not available
  • References: Yes
  • Document type: Essay*
  • Essay ID: 496

Question: Flora ordered a top-of-the-range ‘home cinema’ TV as a surprise birthday present for her husband Rob. His birthday was the day before Scotland’s anticipated triumph over Brazil in the opening round of the World Cup. Flora had stressed to the salesperson the need to have delivery of the TV by that date...With full reference to authority, give your reasoned opinion as to Flora’s legal position.

Answer: This question of Flora’s legal position relates to the Law of Contract and more specifically to what a contract is, breaches of...


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  • Subject: Law
  • Course: Contract Law
  • Level: Degree
  • Year: 2nd/3rd
  • Mark: Not available
  • Words: 1962
  • Date submitted: January 31, 2009
  • Date written: March, 1998
  • References: Yes
  • Document type: Essay*
  • Essay ID: 495

Question: This paper will outline the provisions and objects of the Contracts (Third Parties Act) 1999 and address four areas in relation to the Act.

Answer: This paper will outline the provisions and objects of the Contracts (Third Parties Act) 1999 and address four areas in relation to...


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  • Subject: Law
  • Course: Commercial Law
  • Level: Degree
  • Year: 2nd/3rd
  • Mark: Not available
  • Words: 5912
  • Date submitted: January 31, 2009
  • Date written: March, 2002
  • References: Yes
  • Document type: Essay*
  • Essay ID: 494

Question: The ultra vires doctrine

Answer: When a power vested in a public authority is exceeded, acts done in excess of the power are invalid as being ultra...


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  • Subject: Law
  • Course: Commercial Law
  • Level: Degree
  • Year: 2nd/3rd
  • Mark: Not available
  • Words: 4654
  • Date submitted: January 31, 2009
  • Date written: Not available
  • References: Yes
  • Document type: Essay*
  • Essay ID: 492

Question: The Problems Associated with the Assessment of Risk in the context of Insurance.

Answer: Risk assessment is used in an effort to quantify risk - the chance of negative consequence. Insurance firms or underwriters use risk...


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  • Subject: Law
  • Course: Commercial Law
  • Level: Degree
  • Year: 2nd/3rd
  • Mark: Not available
  • Words: 2252
  • Date submitted: January 31, 2009
  • Date written: March, 2003
  • References: Yes
  • Document type: Essay*
  • Essay ID: 491

Question: The Postal Acceptance Rule: Should we follow in Scotland’s steps?

Answer: The controversial Anglo-American postal acceptance rule has been under much discussion since the subject’s first well-known appearance in Adams v. Lindsell[1] in...


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  • Subject: Law
  • Course: English Legal System
  • Level: Degree
  • Year: 1st
  • Mark: Not available
  • Words: 1606
  • Date submitted: January 31, 2009
  • Date written: Not available
  • References: Yes
  • Document type: Essay*
  • Essay ID: 490

Question: ‘The English law on vicarious liability is the best compromise which could have been reached between the needs of tort victims for compensation and the freedom of businesses to operate without excessive burdens.’
Evaluate the cogency of this statement.

Answer: An employer is responsible for damage caused by the torts of his employees acting in the course of employment. This is known...


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  • Subject: Law
  • Course: Contract Law
  • Level: Degree
  • Year: 1st
  • Mark: Not available
  • Words: 1376
  • Date submitted: January 31, 2009
  • Date written: Not available
  • References: No
  • Document type: Essay*
  • Essay ID: 488

Question: ‘Liability for breach of contract is distinguished from liability in tort in that: i) the duties are primarily fixed by law, while on contract they are fixed by the parties themselves; and

ii) in tort the duty is towards persons generally while in contract is towards a specific person or persons’ (Winfield).

Discuss. Is it still viable today to maintain a distinction between contract law and tort?

Answer: A difficulty lies in locating the law of contract within the spectrum of civil obligations. Contract law is in essence based upon...


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  • Subject: Law
  • Course: Contract Law
  • Level: Degree
  • Year: 2nd/3rd
  • Mark: Not available
  • Words: 2447
  • Date submitted: January 31, 2009
  • Date written: Not available
  • References: No
  • Document type: Essay*
  • Essay ID: 479

Question: The Decision Made by Rougier J in Bernstein v Pamson Motors can lead to fundamental injustice for buyers of goods. Discuss.

Answer: In a Sales of Goods Contract both the seller and the buyer are placed under certain obligations, that is to say they...


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  • Subject: Law
  • Course: Commercial Law
  • Level: Degree
  • Year: 2nd/3rd
  • Mark: Not available
  • Words: 2643
  • Date submitted: January 30, 2009
  • Date written: Not available
  • References: No
  • Document type: Essay*
  • Essay ID: 474

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