Monday, February 11, 2013

Misrepresentation

Claimant: Richard and Usain
Defendant: Branston
Cause of Action: Breach of Contract

In erect to secure investment on a new disdain venture, Branston writes to both Richard and Usain. Poole in Contract Law 10th interlingual rendition 2010 defines a contract as: A legally enforceable agreement which represents a vehicle of planned exchanges .

This quote illustrates the pratonic criteria for a contract. A contract is a legally attach agreement between two or more parties, it can be written or oral. There is no course credit of a written contract between Branston and both Richard and Usain, therefrom it is safe to assume there is an oral contract. In general, in order for a contact to be created it involves the process of agreement, setting and conceptionion. 

For an agreement to exist between parties there must be an offer that contains the terms of the contract. If the offeree accepts, they accept these terms. In this case, Branston sends out equipoise asking both Richard and Usain to invest in his new occupancy venture. They communicate their acceptance by investing in the company. The inadequacy of information makes it impossible to determine actual terms of the contract.

considerateness is the price for which a promise is brought.

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Its the giving of regard for a promise that makes breaking the promise unjust. As be by Lush J in Currie v Misa (1875) LR 10 Ex 153, A valuable consideration may inhabit of some right, interest, profit or benefit accruing to one party, or some forbearance, detriment, loss or responsibility stimulaten, suffered or undertaken by another. 

There must also be intension to create a contract. As this is a commercial venture, the intent to create a contract is presumed. In Edwards v Skyways Ltd (1964) the defendant was promised on being made redundant, and withdrawing his pension contri only ifions, the company would give him an ex gratia payment of the same again. He withdrew his pension but did not receive the extra payment. It was held by...If you want to get a full essay, order it on our website: Orderessay



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