Xander and Yolanda Case Study

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The problem question arose with one way traffic system where Xander lives, he probably can cut down 15 minutes from his time to drive to his work but rather he approached Yolanda to enter into a consideration agreement to let him drive his car from Yolanda’s back yard for an annual payment. An agreement should have full intention to create legal relationship with two parties. Same like (Balfour v Balfour 1919) Mr. Balfour was an engineer in Cylon and his wife was living with him that time. Both of them came to spend some time in England during Mr. Balfour’s holidays. Mrs. Balfour’s health was not ok and her doctor advised her to stay in England. Mr. Balfour promised her to pay her monthly payments. After some time Mr. Balfour stopped sending her payment and Mrs. Balfour sued him for not paying her the promised monthly payment. Judgments held that “there was no intention to effect legal relations.”(A. Burrows.2013). Majority of judges said that it was not a contract between husband and wife which should enforce the husband to pay his wife the monthly payment. Even in the above case Xander offered Yolanda a consideration amount for me consideration is all about equal benefit between two parties. (Williams v Roffey 1990), Building contracts entered into an agreement with Shepherd bush housing association to refurbish some of their flats. Both the parties agreed to the amount which agreed to pay to the claimant but after 6 months or so the claimant realized that the promised price was not sufficient for them to complete the carpentry work within the mentioned time. The claimant asked the defendant to pay them extra money to finish the work with the time scale and the defendant agreed to pay them. After couple of weeks the claimant d... ... middle of paper ... ...foreseeable. And the very last advice that Xander can claim for remoteness of damage in their contract. But he should be aware that he needs to make it clear that the damage was not too remote. If he thinks that by remoteness he can sue Yolanda, he should have the full knowledge about the causation which is in remoteness itself. Here causation is what comes out from one party’s negligent act to the other party in any sort of contract. And legally if Yolanda found out to be guilty she needs to compensate Xander for any kind of damage within their contract. There are many ways for Xander to choose which way he can go legally to sue Yolanda or to make the contract void, or he can sit aside from his contract by saying the whole contract was frustrated or mistake. Or simply he can sue Yolanda for breach of contract which is way easier and reliable in contract law.

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