Thursday, August 8, 2019
Contract Law Essay Example | Topics and Well Written Essays - 2500 words - 2
Contract Law - Essay Example contract law have included several clauses so that any specific situation will be easily fitted in to the case and solution will be provided by the judges after going through all the deliberations. In the present case study, it is clearly apparent that seller (The individual or organization who sells the goods to buyer) has violated the contract law provisions. The contract law states that once the agreement was made, the terms and conditions should be accurately followed with minor exceptions only with sufficient justification. Hence the buyer (on behalf of Buyer Ltd. : Tom) should file a case in the court of law to get the justice. The violation of contract law was clearly committed by the seller (on behalf of Seller Ltd. : Max) with ill intention of charging extra money of à £2800. The case can be filed against the seller as it violated both English contract law and unfair contract terms act (1977). This has been found to be in violation with the principles of European contract law (Ole Lando et al., 2003 ; The commission on European conract law, 1999) . False representation or misrepresentation may be considered as serious offence as it affects the interests of the general public involved in trade transactions severely. The seller has been indulged in false representation in claiming his bill amount for the hydraulic jack system. The English contract law also clearly prohibits the actions relating to the breach of contract (Samuel Williston, 1903). It was also found to be against the fair trading and hence comes under unfair contract terms act (1977) 1. This helps in narrowing the gap between the classic theory of contract law and social reality and hence found to be effective in providing justice to the innocent clients (Hugh Beal, 1978 ; Friedmann, 1972). The violation of terms and conditions signed at the time of contract is legally punishable and hence the parties have to bind themselves to the contract strictly 2. The buyer has to proceed to the court
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