Assignment:
Cases: Contracts
Case 1:
A seller put up two engine analyzers for sale by auction, with no reserve. The price of the machines would have been £14,521 each if they had been new. The plaintiff was a bidder at the auction. He bid£200 for each machine, and was the highest bidder. The auctioneer refusedto sell the machines to theclaimant for such a low price, despite the ‘no reserve' sale. The plaintiff brought an action against the
auctioneer for breach of contract.
1. Does the contract cover the 6 elements of a valid contract? Explain?
2. Can the plaintiff discharge the contract? On what bases?
Case 2:
The plaintiff, the Spice Girls, entered into a contract with the defendant motorcycle manufacturerunder which the defendant agreed to sponsor the Spice Girls' tour in return for promotional work. Thecontract was signed on 6 May 1998. Geri Halliwell left the band on 27 May that year. The defendantdiscovered that Halliwell informed the other members of the group of her decision to leave prior tothe signing of the contract. The defendants claimed they had been induced to enter the contract by amisrepresentation. The plaintiff denied misrepresentation.
1. What was the offer?
2. Did the plaintiff (spice girls) breached the contract? How?
Case 3:
D.'s barn was on fire and he called the local Upton police chief and asked him to send "the fire brigade".The Upton fire brigade showed up and began to put out the fire. While the fire was still burning, aneighboring fire chief came by and informed all that the farm was really in his district, and so theUpton fire brigade was not under obligation to put it out for free. When the D. refused to pay for theservice, they sued.
1. Was there a contract between the fire brigade and the farmer? Explain?
2. Should the farmer pay payment as required?
Case 4:
The plaintiff agreed to install central heating, costing £560. Performance partially defective. Thehouseholder discovered the defect, and the plaintiff (plumber) refused to fix it. The repair was valuedat £174. So, the defendant refused to pay any of the £560 of the contract. Householder - defectivecentral heating worth £560 - £174 = £386.
1. Was the contract breached? Explain?
2. Was the plumber entitled to payment? Or is the householder able to get away withoutpaying?
Case 5:
The plaintiff was to write a book on 'Costume and Ancient Armour' for a series, and was to receive£100 on completion of the book. After he had done the necessary research but before the book hadbeen written, the publishers abandoned the series. The Plaintiff claimed alternatively on the originalcontract and on a quantum meruit.
Is it right? Discuss ?
Case 6:
A contract was concluded for the sale of wheat lying in a warehouse. The Government requisitionedthe wheat, in pursuance of wartimeemergency regulations for the control of food supplies, before ithad been delivered, and also before ownership in the goods had passed to the buyer under the termsof the contract.
Can the seller discharge the contract? Explain?