Report on Does Patty have any contractual claim against Warren?

Yes, Patty’s has the contractual claim against the Warren; because Warren said he sold out his car in $10,000. At the need of day when patty’s accepted his order his apologies to patty’s he would not be selling the car at all but taking it with him.

Warren is the Patty’s neighbor who recently retired as well as Warren and his wife selling the everything to move North coast. Then patty’s asked form Warren about selling of his car, but warren said that he would not sell it for less than the $15,000. Then after listening that patty’s refused that because she could not afforded that much. Then warren asked form patty’s what she could afford and patty relieved only for $ 10,000. So after one week the Warren agreed in the contract to sell his car in $10,000 but at the end of data and after the all details of agreements warren refused to sell out his car.

In this study a lot of information about contract is discussed and make it beneficial for this case analysis. Capacity explains whether both the parties are capable of making contract or not. Both parties should be mature and in the age in which they can understand the severity of the situation. In this case it can be seen that both parties are mature because Warren is the owner of the Car important which means that he is capable of making a contract.

In order to identify which party will bear the loss it is important to analyze the whole situation critically so that the parties who are responsible for the financial loss can be accurately identified. The information in this study is quite useful to analyses the case hence chosen to investigate the case. It is clear that the contract was established between the parties because all the elements of a valid contract were present in the case. However while making a contract Warren click on I agree button without reading the terms & condition of the contract. In any contract, time is the most important element and it is particularly divided in contracts where the performance is started. In a contract, the times of mere elapses for the execution of time of contract itself. The contract commencement is also depending on the different variables and it is very difficult to find rights options for particular projects. In contracts, the time to time modification would also carry and it will also notify for the employer.

According to tort law this situation comes under the negligence tort. The negligence offense means that the individual does not perform the act of harm intentionally. In this case the defendant person is Warren. If the case is analyzed than it can be said that the behavior of Warren was not professional at all and can be held responsible for the situation that has been occurred after the delivery to some extent. Warren should have attend the phone call and make contract with the Patty’s to confirm the delivery of the car. Since Warren was going on to the vacation it should have nominated someone to take care of the delivery so that if car does not receive the delivery, the issue can be resolved on time. Therefore Warren is responsible for the problem to some extent.

1.      Does Patty have any contractual claim against her father?

No Patty’s have no nay contractual; claim against her father because Patty’s father promised to lend her the $10,000 on favorable terms provided she was a careful driver.

The study contains a brief overview regarding contract law and how a valid contract works therefore it is related with this study. The offer and acceptance are two most important elements of the contract and if these are not present than a valid contract cannot be established. However in this case the offer and acceptance both are present. The valid contract is a contract which contains all those elements which makes it a valid and legal document. Due to the actions of the defendant the plaintiff has not received the amount of $10000 that is why they have suffered from financial loss. Therefore under negligence tort the corporation is responsible for the risk of loss which suffered by Patty’s. Patty’s has already filled lawsuit against car therefore Warren will have to pay damages to refuse Patty’s because due to his administrative Patty’s did not receive his payment.  The analysis of the case shows that the behavior of Warren was not professional at all and due to their unprofessional behavior several issues arises which ultimately become the reason of financial loss for Patty’s Father. If Warren did not make mistakes and send the payment accurately than Patty’s father might not face financial loss. Moreover it is important to read all the terms and conditions before signing a contract. If all the above discussion is summarized than it is evident that Warren should be held liable for the contractual claim which has beard by the Patty because Warren did a huge mistake which cannot be ignored. Warren put wrong information to the Patty’s due to which the money was received from Patty’s father.

The dispute resolution prevents legal action and is very important in the contract. The dispute of contract is taking place due to one party breach where the contract in some manner and also has simple miscommunication among parties that could arise. Therefore the industry is regarded as the most different dispute and conflict for ridden industries and it is resulted as being of the most claim and oriented sectors. According to the settlement of disputes along with subsection section 9 contains information which also involves the arbitration, adjudication, appealing power, along with the effect of the award. In 1996 act according to the legal conditions of arbitration current contract also supposed act of 1996 modification (Derrick, 2016). 

In any construction contract, the most important issues are the payment for the part making of payments and the party receiving them. A contract is exactly a deal of expense and loss at end of payment sections whereas clause 4.23 standard of is also building contract by quantities in 2011 along with the clauses of 4.20 and 4.21 in 2016. For employer property a payment would also provide by sub-contractor where the condition of payments is also needed.

Part B
1.      Discuss whether the mortgage can be set aside because of misrepresentation by the bank or because of unconscionable conduct by the bank.

After reading the case study Mr and Mrs Massar daughter their daughter working in the bank then their parents decided by giving the mortgage over a parent’s home. When Mr and Mrs Massar goes to bank one of bank officer sign the mortgage. Their Parents are confused when the officer said the guarantee is unlimited in the duration and amounts. When the mortgage is signed their daughter working the bank at $300, 00 but after sometime its collapse. So after the analysis of case study due to misrepresentation through the bank mortgage could also be set aside due to unconscionable conduct with the bank.   

Now the case is related with the contract law and there are following points which describe as well;   

According to the Insurance conditions, sub-contracting, as well as damage condition has main differences which are related and subcontract is not assessing by requirements of Mr and Mrs Massar along with customer which is also needed for contract modifications. Regarding the contract information where modification of the contract is also provided and the insurance is provided against the damages. The model of insurance which is modified its excluded the repair of cost, rectify as well as replace defective property where it also has insurance option in contract section of 2.23 that is provided different conditions for extension and alteration of the existing structure. For the worker as well as Mr and Mrs Massar the condition of communication also changes by risk damage concern with the health and safety condition along with the matter of insurance. For the loss as well as damage the contractor would also responsible for a different condition that is applied to contract and it’s involved by the provision of the clause of 2.21 according to employers properly.

The information of the contract would also be suggested by price changes in the date, keys, and notification which connected by the completion events of implementation. To change the compensation event the changes in the contract are necessary. The modified plan will be implemented for the compensation of events. The payment on termination is accessed with and without the grouping of activities. The schedule of the work activity which also provides accurate information regarding price changes, distributed activities as well as other stuff which have to overcome various challenges. The assessment of the compensation which is also used to provide various information regarding the contractor agreement, rates, lump sums as well as compensations events. The choice of the client which is also different from the diffident mentioned conditions in the contract