Neither of us knew it at the time of the contract, but a local power plant accidentally contaminated the land and now the land can't be farmed. A claim for damages arises in circumstances where there has been a failure to perform, without lawful excuse, one or more of the obligations whether conditions, warranties or innominate or intermediate terms contained in a contract. Students will frequently write out all the law they consider to be raised by the facts and then, without separating the issues clearly, leave all their application to the end. Robert will be able to seek remedies for any damages brought. Contracts are usually made in an effort to formalize an agreement and to protect the parties in the agreement. Some classes of persons such as people under the age of 21, or in most states, under the age of 18, are deemed by law to lack contractual capacity.
During the suit, Bonnie repeatedly tells Benjamin that if they win, he is going to owe her big. An appropriate remedy for a breach may be rescission of the contract. He also said that I had to return the part of the commission that he had already paid to me. This should help you to focus on what it is that that person actually wants to know and then only explain, apply and assess the law which is relevant to answering this question. Where these are not appropriate to the question, you may apply the fundamental principles of contract law to resolve the problem. Again, there is no need to repeat what you have already set out in the previous sections.
His sister sued for breach of contract. You will, however, need to go into detailed facts where you are seeking to distinguish the facts of the case in question from the facts of the problem or where there are significant similarities of wording in the documents used in your problem to the words used in a specific case, e. Consideration is what the promisor demands and receives as the price for the promise. If performance has been involved, the performing party may get the reasonable value of his performance under an unjust enrichment theory. On xxx xx xxxx est.
A few weeks later the plaintiff accepted the offer of £1,000. When a contract has been breached, damages are available as a matter of right. Fact identification and organisation is an important legal skill. This is a question of fact, to be decided on the circumstances of every case. Their son, Ali, led them to believe that his company was sound when in fact it was in serious financial trouble. The use of this website to ask questions or receive answers does not create an attorney—client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. To answer your question, an attorney is likely to ask you to show them the contract, as breach is an act that can be defined or governed by the terms of a contract.
The facts are all important and application to the facts is essential. There is only one best answer. Based solely on the facts you have given me, my opinion would be that the agreement is not binding due to lack of consideration. However, since I've last used it, the land has been condemned. If the agreement has been performed, neither party can sue the other for damages or have the agreement set aside. On xx xx xx we agreed by email that the development could proceed at a cost of £5525.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. It appears to include an abandoned lot as part of the property, but Sarah knows she does not own this part of the property. A day later they emailed to say they were committed to finishing. Specific performance is not allowed regarding a contract for the sale of personal property unless the property is unique in some way like an antique, coin collection, or art objects. Upon reaching the age of majority, a minor may affirm or ratify the contract and therefore make it contractually binding on him. Your question is somewhat confusing. The law states, for an acceptance to be made there must be an agreement by both parties.
Advise Gulliver and cite an example of relevant case law. The fact of the matter is, the withdrawal of an offer can take place at any time up until it is accepted, this was established in the case of Payne v Cave 1789. The first installment is due next month. On the following Monday Jim receives a letter from Philip offering him the house for £368,500 and saying that Jim can have until noon on Friday to think about it. I estimate more like 60-70% anyway.
Collection upon a Judgment its the hard part, and I suggest hiring a competent attorney to collect after you get a Judgment. If there is more than one possible conclusion, set them all out. In creating an effective contract, the rule is that acceptance must be communicated. Schedule 2 guidelines and case law factors under s. He contacted his sister, Keren, in Oxford, England and asked her to move to Sydney to help look after him. Furthermore, a contract was already made at 1pm on Sunday as soon as the letter of acceptance was sent. Sam pays Sarah, but when he tries to record the title to the lot, he learns that someone else owns it.
We have followed the same formula in the following test. Similarly, identify that the correspondence is in fact an acceptance before looking at whether it has been communicated. It is difficult to know exactly when a third party can validly revoke an offer. As Vincent was walking home he saw a painting propped up against a wheelie bin. Some employers would argue that the consideration was the wages you had been paid the last five years. She told John that she could construct the collage from copies.