• Research Paper on:
    Bodgeit and Scarper Contract Law Case Study

    Number of Pages: 9

     

    Summary of the research paper:

    This 9 page paper considers UK law and the situation where a contract is sighed after work has begun, the contract has a delay clause and there are delays due to the weather and then the buyer argues that the goods they ordered are not fit for the purpose. This paper looks at the potential liabilities using statute and case law. The bibliography cites 8 sources.

    Name of Research Paper File: TS14_TEbodgcase.rtf

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    Unformatted Sample Text from the Research Paper:
    for a new treatment works, The contract appears to have overrun, and there are problems regarding a withholding of funds due to the overrun as well as issues regarding the  suitability of the goods supplied. The first issue is to consider when the contract was formed, as it is when the contract that is formed which will determine the  terms and conditions that apply. There appears to be a verbal agreement, a letter of intention and then a contract is signed only after work has started. For the queries  we need to determine the terms and conditions. A contract has been defined by Sir William Anson as "a legally binding agreement  made between two or more parties, by which rights are acquired by one or more acts or forbearances on the part of the other or others" (Barker and Padfield, 1994).  Therefore, a contact needs to have certain requirements before any form of agreement is deemed to be valid and thereby enforceable, there has to be an offer by one faction  or party with an acceptance of the offer by another party, this is known as offer and acceptance, there also needs to be consideration and the intention to create legal  relations (Barker and Padfield, 1994, Ivamy, 2000). However, there is not the need for the contract to be in writing (Card et al, 2004).  Therefore, a contract is in the traditional view an agreement that requires an identification of a valid offer and a valid acceptance. However, this application has been challenged  by the courts in several cases with deciding issues. In Gibson v. Manchester City Council (1978)1 WLR 520) and Butler Machine Tool co Ltd v Ex-cello Corp Ltd (1979), 

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