Enforceability
of the contract. These rules are such as:
• An open must be made by the
promissory of the contract.
• An acceptance of the offer made by
the promisee
• There must be consideration against
the promise to do something or not to do something.
• The parties of the contract or
promises are related with each other.
• The best day of both parties in the
concern of my age is able to get in the contractor such as the parties are not
minor or disabled to get the instruction of the contract.
• Legality of the terms and conditions
are fulfilled for the contract.
Answer
2: The
Doctrine of promissory estoppel prevents the claim for going back to the
promise. It is considered as a shield against the agreement that is made
between two parties. It will be compulsory to evaluate the doctrine of
promissory estoppel through the judicial body or relevant case law that are
exist in the rules that created by the judicial authority. It could be possible
by searching relevant case that are based on doctrine and will be used to
evaluate why it has been described as a shield or re protection against the
case law
The
principles Lord Cairns laid down in Hughes were re-instated by Denning J in
Central London Property Ltd v High Trees House Ltd [1947] KB 130. In 1937, the
claimants; Central, let a block of flats at an annual rate of £2500 to the
defendants, High Trees. In 1940, the claimant agreed to halve the rent due to
war conditions causing evacuations and the inability for High Trees to reach
the rent with reduced lettings. Once the war had ended in 1945 and the flats
became fully let, Central requested High Trees to resume payment of £2500 a
year, High Trees refused.
In
conclusion, promissory estoppel is a shield not a blade. It can't be utilized
in English law as a reason for activity, it must be utilized as a guard
component to secure somebody who may endure low implementation of severe lawful
rights. As observed in Combe it can't make new rights or expand the extent of
existing rights, it can just alter the first agreement shaped between parties.
To make another reason for activity could be depicted as a "blade"
where rights are upheld where they didn't beforehand exist. In different
purviews, for example, Australia, it might be utilized as a reason for
activity; as found in Waltons Stores (Interstate) Ltd v Maher (1988) 76 ALR
513. Nonetheless, as Denning remarked in High Trees, this may violate the line
into thought and subvert contract development.
Answer
3: Parole
evidence rule are the rules that are preserved by the integrity of the written
document by the judicial authority. Firstly, it was established during the case
of ghost versus Lord Naghent. The rule prohibits the parties from amending the
meaning of the main contract and the previous oral declaration made by the parties
between themselves. When parties already discussed the negotiation of the terms
of the contract and the agreements had been made, this process means that the
integrated contract have been different have not different meaning from the
agreement. The parol evidence rules exist for different reasons, such as
safeguard the terms of conditions of the contract, or to have the code, the
originality of the written document and terms and conditions that are agreed by
both parties in the document before entering into a contract. The parol
evidence rule has exception to the rule because it may be clear that the terms
and condition of the contract have been accepted by the both parties and both
are agreed to get into a contract.
Answer
4: Time of Notice:
• Notice of the
rejection statement might be express or suggested (productive).
• If the notification of the rejection
statement is given until after the agreement has been finished, the avoidance
condition won't be official.
–
Olley - v-Marlborough Court
[1949] 1 KB 532
Oceanic
Sun Line Special Shipping Co - v-Fay (1988) 165 CLR 197
Eg.
The owners won't consider themselves answerable for articles lost or taken,
except if gave to the manageress for safe authority.
• In different words, if the client
thinks about the avoidance condition through his/her past dealings with the
gathering, the client will be limited by the prohibition proviso.
–
Balmain New Ferry Co -
v-Robertson (1906) 4 CLR 379
Eg.
An admission of one penny must be paid on entering or leaving the wharf. No
special case will be made to this standard whether the traveler has gone by
ship or not.
Part
C: Discussion Questions
Answer A: In
common sense, the parties to a contract expect that there are some different
terms and conditions to get in the contract. These drums are may be expressed
or implied with the according to the situation expressed. Conditions are the
conditions that are already described to the parties before getting into a
contract file. The imply Terms and conditions are the conditions that are that
are implemented according to the certain situation by some actions of conduct.
What runs and conditions are different to each other that could be explained in
detail in this question? Express terms are the terms that are agreed by the
parties and are offered by one party to the other part. These kinds of terms
are normally written on the document and agreed by the both party verbally or
by the agreement of sign to give the acceptance of the terms and conditions of
the contract. As far as concerned with the implied terms, these are the towns
that are employed to the contract by the quote. These terms are not
expressively described by the parties into the contract but are taken to be
effective after if there is some happening of the event in the contractor. The
express terms and any employee towns together create legally binding
obligations on the parties and the parties are liable to. Fulfill the
requirements of the contract.