further aspects of contract and tort Essay examples

Words: 3577
Pages: 15
Open Document
TABLE OF CONTENTS

INTRODUCTION

This assignment will strive to outline points of law including identifying key vitiating factors, including duress and undue influence and illegality as well as forms of discharge of a contract and remedies for that. It will also apply these laws to the cases provided to illustrate the application of these laws. Vitiating factors represent some sort of defect in the formation of the contract. Examples of this are that the contract is based on a mistake or a misrepresentation. Illegality on the other hand, is much more to do with the actual character of the agreement itself. It is of a type that the law frowns upon for some reason, for public policy or for other reasons it is …show more content…
Where a special relationship exists, then an important way in which the presumption of undue influence can be rebutted is to show independent advice was taken by the other party, although all that is necessary is to show that the other party exercised their will freely. Even where a special relationship exists, a transaction will not be set aside unless it is shown to be seriously disadvantageous.
In National Westminster Bank v Morgan 1985, when a couple fell into financial difficulties, the claimants bank made financial arrangements which permitted them to remain in their house. The re-financing transaction secured against the house was arranged by a bank manager who had called at their home. Mrs Morgan had no independent legal advice. When the husband died, the bank obtained a possession order against the house in respect of outstanding debts. Mrs Morgan sought to have the refinancing arrangement set aside, on the ground of undue influence. The action failed, on the ground that the doctrine of undue influence had no place in agreements which did not involve any manifest disadvantage and Mrs Morgan had actually benefited from the transaction by being able to remain in her home for a longer period. However recent cases are beginning to question the requirement of manifest disadvantage before a contract can be
Show More

Related Documents: further aspects of contract and tort Essay examples

Governance: Tort and Self Regulation Essay

• • Control and monitoring of business activities: Governance Concept of governance meaning, elements and what amounts to good governance Corporate governance – internal organisation and management of a company – – – – • Key aspects of accountability, transparency Main theories – principle/agent approach Stakeholder theory Corporate governance in UK Cadbury 1992 to UK Combined Code 2010 Key factor – primarily internal control and self regulating codes of conduct. Critique…

Words 729 - Pages 3

Thiyagarajan Vignesh MK55EMM2014 Essay

THIYAGARAJAN 53185 Table of contents 1. Executive Summary………………………………………………………………………………5 2. Introduction…………………………………………………………………………………………6 2.1. Contracting Management…………………………………………………..6 2.2. Contract Formation…………………………………………………………….7 3. Role Of Contract Manager…………………………………………………………………….7 3.1. IT Contract Manager…………………………………………………………..8 4. Tendering Process………………………………………………………………………………..8 4.1. Types of Tendering……………………………………………………………..8 5. Negotiation………………………………………………………………………………………….9 6. Offer…

Words 5910 - Pages 24

Essay on GBL 295 EXAM 2

GBL 295 Exam 2 Tort: A “Civil Wrong” Torts refer to a general classification covering civil causes of action providing private remedy for injury to one party caused by the tortious conduct of another party. The goal of tort law is to shift / distribute losses from victims to perpetrators. Compensation: Through the award of damages. The object of compensation is to place the victim in the position he/she was before the tort was committed. Difficult to do, so we compensate. Assault: O…

Words 1544 - Pages 7

Freedom of Contract in English Law Essay

exercise of law of freedom were extremely restricted. In today’s English law, freedom of contract is one the foundation of contract law. The existence of freedom of contract requires three main considerations: the freedom to…

Words 2224 - Pages 9

Business LAW Essay

student information. An order from a judge or other public official authorizing a search or seizure is referred to as a: search warrant. The due process clause of the Fifth and Fourteenth amendments to the U.S. Constitution has two aspects—substantive and: procedural. Responding to the growing need to protect the privacy of individuals’ health records—particularly computerized records—Congress passed the: Health Insurance Portability and Accountability Act of 1996…

Words 980 - Pages 4

Contract and Terms Essay

Contract A Contact is an agreement between two parties, two companies or more people that is legally binding. It can be in a form of written or verbal and both have same legal importance in the eyes of law. There should be an agreement between parties where one party offers and the other party accepts. In order to make the contract valid, the contract must have four essential elements namely offer, acceptance, consideration and intension to be considered or regarded as binding contract. If…

Words 7056 - Pages 29

Lord Fotheringay And Chinless Law

damage caused by the breach of duty by the defendant. Lord Fotheringay is to be held liable in conjunction with Chinless through the term vicarious liability. Vicarious Liability is known as the situation whereby one person is held liable for the torts of another person. The test used in establishing this is the ‘control test’. This test shows that the master/employer can, ‘not only order or require what is to be done, but how itself shall be done’- per Hilbury J in Collins v Hertfordshire County…

Words 2289 - Pages 10

Torts Outline Essay

I. INTRODUCTION TO TORT LIABILITY—WHAT IS TORT LAW UP TO? 1. Tort, definition -- French and Latin, definition points to wrong-doing and twistedness. A civil wrong, other than breach of contract. For an act to be a tort, there must be: a legal duty owed by one person to another, a breach (breaking) of that duty, and harm done as a result of that action. Examples of torts are negligence, battery, and libel. 2. Classifications for locating torts in body of law Private Law v. Public Law. Public…

Words 6877 - Pages 28

Business Law Notes

Chapter one Business Law Law is a set of rules, enforceable by the courts, which regulate the government of the state and governs the relationship between the state and its citizens and between one citizen and another. There are various ways in which the law may be classified; the most important are: * Public and private law * A) Public law is concerned with the relationship between the state and its citizens. Specialised areas are: 1. Constitutional law is concerned with the workings…

Words 34659 - Pages 139

Legal Studies Concept Essay

failure to continue the effort is interrupted by the unlawful acts of others, the actor has pre-possessory interest in the property. This constitutes a qualified right to possession, which can support a cause of action of conversion Two simultaneous aspects: intent and physical possession Cases to refer to: Popov vs. Hayashi, Swift vs. Gifford, Keron vs. Cashran Popov vs. Hayashi, Hayashi’s claim is compromised by Popov’s pre-possessory interest, Popov can’t demonstrate full physical control over…

Words 7821 - Pages 32