Law of Contract Essay

Law of Contract Essay

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Law of Contract


Michelle is at University, studying to be a veterinary surgeon. David,
a close family friend is also a veterinary surgeon. Whilst away at
University, Michelle received a letter from David, saying that he was
due to retire in a few weeks' time and that he wondered whether she
would be interested in buying his veterinary equipment for the bargain
price of 500 pounds. His letter asked for a prompt reply as a junior
partner in his veterinary practice was also interested in buying the
equipment, albeit at a higher price.

Upon receipt of David's letter, Michelle decided that she would like
to buy, but she would need to borrow the money. In order to speed
matters up, she then wrote to David expressing a firm interest, but
asking if he would be prepared to accept payment by instalments. Her
letter got lost in the post and was never received by David

Not having heard from David, Michelle arranged a bank loan and then
posted a second letter, enclosing a cheque for 500 pounds. This letter
did arrive, but by this time, David had assumed that she was not
interested in the equipment and had already sold it to his junior
partner instead.

With reference to the case situation above, discuss, using decided
cases to support your arguments, the contractual implications and the
remedies, if any, that Michelle might be able to pursue against,
David.

Answer

In discussing the situation amidst Michelle and David, it is critical
to establish whether an actual contract has come into existence
between the two parties. It is therefore necessary to examine, in
relation to the scenario, the presence of the three chief element...


... middle of paper ...


...o of the scenario, David is referred
to as 'a close family friend'. Agreements with relations of this
manner are not normally imagined to be subject for litigation. In
addition to the relationship of the parties, is the immense sense of
ambiguity present throughout the scenario. The court may, on these
grounds declare the agreement void with the presumption that there was
no intention to create legal relations (Gould v Gould 1969).

After keenly examining the scenario with the application of knowledge
of the different elements of agreement, it may be concluded that a
contract did not exist between David and Michelle because of the
deficiency of those factors essential to the formulation of an
agreement. The lack of contractual implications thereby greatly
inhibits the possibility of a successful pursuit against David.

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