On 15th October 2010 East Midlands Airways (EMA) advertise a second-hand Airbus 321 for sale in an aviation industry trade journal for £12.5m. Later that same day, Colvin, the Chief Executive Officer of Houston Aviation Ltd, phones EMA’s Managing Director Patricia. Colvin says that his firm would very much like to view the Airbus 321 but that he is off on a 5 day business trip to Dallas, Texas and will not be able to view the aircraft until he returns. Patricia says that if another buyer comes forward she will have to sell the Airbus 321 to that buyer. Colvin then says he will pay £100,000 if EMA promises not to sell the Airbus 321 to another buyer for the next 5 days. Patricia agrees to this. Analyse whether any contract has been made …show more content…
The view the courts take is that they don’t look into whether the parties actually intended to create a legal agreement but whether they appeared to the reasonable person to have that intention.[5] In Parker v Clark Lord Devlin said ‘ the question (whether or not there is a binding contract) must, of course, depend upon the intention of the parties, to be inferred from the language they use and from the circumstances in which they use it’ In this situation Patricia isn’t legally bound to sell the plane to Colvin however she is legally bound not to sell the plane for five days, as Colvin is to pay EMA. An agreement can also not amount to a contract unless each party gives some ‘consideration’ to the other. In bilateral contracts the consideration of both parties takes the form of a promise to do something in the future.[6] In Currie vs Misa the definition of consideration was made ‘ A valuable consideration, in the sense of the law, may consist either in some right, interest, profit or benefit accruing to on party, or some forbearance, detriment, loss or responsibility, given, suffered or undertaken by the other.’ Colvin is offering to give £100,000 in the future and Patricia is offering to not sell the plane for five days. This also fits Sir Frederick Pollocks definition of consideration as being ‘the price of promise.’[7] Consideration must be sufficient but need not be adequate, it must have some economic
Mary McDonald, an 86-year-old woman, was frequently complaining about the high cost of maintenance of her house and high property taxes. She decided to cancel her fire insurance to reduce expenses. Mary’s daughter was aware of her mother’s concern about the property, and she took Mary to the lawyer’s office to sign some papers that would protect her mother. When Mary came to the lawyer’s office, she was advised that the paper she was going to sign was the deed to the property. Mary signed a document. Later on, when the municipal tax bill arrived, Mary McDonald was really surprised to see that the property was in her daughter’s name.
10. Dan hires Eve to perform at Dan 's Club, but Eve later breaches the agreement to accept a higher-paying job at First Star Arena. Dan files a suit gainst Eve. The court will most likley: award damages to Dan.
Mercedes Connolly and her husband purchased airline tickets and a tour package for a tour to South Africa from Judy Samuelson, a travel agent doing business as International Tours of Manhattan. Samuelson sold tickets for a variety of airline companies and tour operators, including African Adventurers, which was the tour operator for the Connollys’ tour. Mercedes and injured her left ankle and foot. She sued Samuelson for damages. Is Samuelson liable?
There is a literal conflict between the state and the federal measures, so that it is impossible to follow both simultaneously.
In order to have a valid contract, Marsha should make an offer to buy the car and Jim has to accept it given the fact that all terms of sale has been agreed on.
Robert Briggs and his wife purchased a home located at 167 Lower Orchard Drive, Levittown, Pennsylvania. They made a down payment and borrowed the balance on a 30-year mortgage. Six years later, when Mr. and Mrs. Briggs were behind on their mortgage payments, they entered into an oral contract to sell the house to Winfield and Emma Sackett if the Sacketts would pay the three months’ arrearages on the loan and agree to make the future payments on the mortgage. Mrs. Briggs and Mrs. Sackett were sisters. The Sacketts paid the arrearages, moved into the house, and continued to live there. Fifteen years later, Robert Briggs filed an action to void the oral contract as in violation
Alison brings an action against Basil in the Victorian Magistrates Court to enforce payment of the promised maintenance allowance. Alison says her agreement with Basil is legally enforceable, even though it was one made between spouses. Basil argues that agreements between married persons are not intended to be legally enforceable.
Lord Denning holds the opinion that “…it is a mistake to think that all contracts can be analyzed into the form of offer and acceptance…” He gives his support of the statement above and echoes these sentiments in the case of Butler v. Ex-Cell-O Corporation (England) Ltd (1979). He believes that the “…better way is to look at all the documents passing between the parties and glean from them or from the conduct of the
The dissent argued that the corporate veil should be pierced in this case. The argument was that Westerlea was organized solely to benefit Defendant, not to operate as a separate entity. Westerlea did not have a separate corporate identity because it was Defendant’s wholly owned subsidiary that had the same directors and management as Defendant. Westerlea was undercapitalized because Defendant provided Westerlea with small capital and Westerlea maintained insufficient funds to cover the cost of building the homes. Westerlea’s purpose
I believe that there were two contracts made in this scenario. The first one was the verbal contract that sated that the stipulations of price and the fact that there needed to be a written contract before distributing the product. The email, since it was in writing can also count as a written contract; both parties had knowledge that there would be some sort of written agreement. Chou was in the right to think that the email stating the key terms and agreements counts as a contract.
It occurs when an individual or business entity willfully and intentionally falsifies information on a tax return in order to limit the amount of tax liability. Tax fraud essentially
6. The court should not vacate the deeds, the county should have known the lots where not there’s by researching the deeds. It was a unilateral mistake by the county.
Business law and how it ties into our everyday lives is very important. To understand these laws and find them applicable in certain life issues is something I feel that every citizen should have a grasp of. With this research paper I will focus on the issue of copyrights, lawsuits, trademarks and how it affects designers and artist. I myself am a clothing designer and have my own brand 5ivepillars. Numerous times during my years as an artist and designer I have seen companies both big and small rip off my work. Most of the time these companies and the individuals behind them steal a concept or idea you may have and replicate it using different colors. This trend has grown more and more in the fashion industry while leading to a large amount of lawsuits, and trademark suits. But these lawsuits have not stopped companies from stealing intellectual property. Some such as forever21 have blatantly stolen dress and clothing ideas straight off of runaways and have had them in stores ready to sell two weeks after the dresses were show cased. This time of disagreed for the law sadly happens a lot to designers and creatives in the United states. Lets see how this happens.
2. I feel like they might have had a contract but they didn’t actually agree to it. First off the contract was not defined right because both parties didn’t have an understanding of it. Plus he did not accept the offer confirming that he was accepting the price and when he did Hazelton’s amitted to the mistake. When he did that he took the offer off the table so in the end whatever contract they had was invalid.
Contractual agreements are supposed to be consensual, and freely entered into by the parties involved. Therefore, ‘before a court enforces a relationship as a contract, the courts must have a reasonably certain basis in fact to justify binding the parties to each other.’ (St. John’s Law Scholarship Repository, no date). Resolution of whether a contract was intended to be legally binding is not determined by what the parties themselves thought or intended. Rather, a more objective stance is taken by the courts. This is known as the objective theory of contract, and essentially enables ‘the courts to look at external evidence (what the parties said and did at the time)’ (Poole, 2006, p. 34), as to objectively indicate the parties’ intentions