Monday, February 24, 2020

Building law and contract adminisratation. General contract law Essay

Building law and contract adminisratation. General contract law - Essay Example These terms are relating to the title of the goods, description of the goods, fitness or quality of the goods and merchantable quality of goods etc. The law monitors the contract whether the goods fulfill the necessary standards set by the Sales of Goods Act 1979 or not, with some exceptions. Issues related to breach of contract of sale are also dealt by this Act. As breaches resulting due to the implied terms where they are complied with or not or the passage of property whether payment or damages can be claimed or not. This is similar to the case of Hoeing vs Isaac (1952), where the Isaac was supposed to decorate Hoeing’s apartment at a cost of  £750 and after the completion of the work it was found that there was problem with the wardrobe and the book case costing  £55. Hoeing refused to pay the remaining  £350. But the judgment went against Hoeing as the substantial part of the contract was performed and there was only a claim for the damages. (UBC) As per the decided case, the court only allowed damages to be paid to the plaintiff and the remaining amount due was paid in full. Therefore, the plaintiff can only claim the damages and cannot stop the further payment of  £4,000 which is already due. A similar case that of Carlil vs carbolic smoke ball company was presented where the Smoke ball company had given an advertisement regarding a flu remedy known as the smoke ball and claimed that it will pay  £100 to any person who gets sick even after using their remedy. Mrs Carlill used the remedy and got sick and claimed  £100. The company refused to pay the reward but later the judgment was provided that the company was liable to pay as there was a contract based on the reliance placed on the advertisement and the performance of the said act. (Law-Essays) Similarly, the person has acted upon the directions of the owner of the dog. As per the decided case, the unilateral contract is formed only when the person acts upon the directions and there

No comments:

Post a Comment

Note: Only a member of this blog may post a comment.