contract tutorial preparation 4

7/27/2019 Contract Tutorial Preparation 4

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Contract Tutorial 4- Skills

Please bring to the tutorial in hard or soft copy:

1. Examiners Report Extract2. Lecture Slides3. Questions below

TASK:

1. Re- read your lecture notes for skills2. Consider the questions

EXERCISES: Below are extracts from exam answers. Identify the faults

1. It is now accepted that the courts can challenge an Act of Parliament (Jackson)

2. The separation of powers is not absolute in the UK as the Lord Chancellor sits inall three branches.

3. To be a valid of offer there must be offer acceptance and consideration

4. The requirements for an offer is that the offeror must communicate his offer tothe offeree

5. In Jordan the court held that negligent medical treatment can break the chain ofcausation

6. Mr Southworth has said that the monarch exercises her powers on behalf of thePrime Minister.


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7. Discuss the case for and against a written Constitution for the UnitedKingdom In this essay i will firstly discuss what separation of powers means

and then go on to analyse whether it is present in the UK

8. Through the Royal prerogative the monarch can decide upon the choice of PrimeMinister. This however, is governed by conventions that determine how this

power is exercised. Through the Royal prerogative the monarch can also decide

upon when to dissolve parliament...

Discuss the case for and against a written Constitution for the United

Kingdom.

9. The United Kingdom is traditionally known for its unwritten constitution. Itslegal source are derived from both case law and statutes and non-legal sources

from conventions. It does have a constitution but the law is not codified and

therefore the question which arise is whether there is good governance which is

prevailing in the country despite this uncodified constitution. Having a written

constitution would definitely prove to be advantageous to the whole citizens of

the United Kingdom as well as the State. In this respect, this would reduce

arbitrary powers which are normally carried out by Parliament. Since Parliament

is supreme, they can make or unmake any law, they can legislate on any matter

and anyone, including a court of law cannot declare an act of parliament invalid.

Those aspects of Parliamentary Sovereignty definitely goes against the first limb

of rule of law which states that everyone is equal before the law, irrespective of

rank and status. We can therefore we can deduce how there can be inconsistency

in the absence of a written constitution. Had there been a codified document

regulation all the functions of public bodies including the State, there would not

have been this chaotic aspect of Parliamentary Sovereignty which goes against

the doctrine of the rule of law. On the other hand, a written constitution might

be disadvantageous to both the State and citizens of the United Kingdom. The

procedures for a bill to become law is a very long procedure and this may take 6


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months to one year. The bill has to be pass through three stages which are the

House of Commons for a first reading, a second reading in the House of Lords

and finally the Royal Assent.

10.Gregg Ramsey is a professional chef, preparing food for wealthy clients acrossLondon. Keen to impress his clients, Gregg develops a new menu and requires

key ingredients to complete his dishes.

He visits the food hall of the exclusive London department store, Harridges. He

approaches a glass display counter that displays a range of imported

ingredients from around Europe. Among the ingredients is a rare French

truffle, renowned for its exceptional quality of flavour. The truffle is displayed

behind the glass counter with a price tag attached which reads: French Truffle,

finest quality, 1000 per gram.

Gregg asks the attendant if the truffle can be grated as he does not require an

entire truffle. The attendant confirms that the truffle can be grated down to the

desired quantity by request. Gregg orders 16 grams at the price displayed. The

attendance removes the truffle from the display counter and proceeds to grate

the required amount.

The attendant then hands Gregg a ticket that confirms the weight and price of

the grated truffle. The attendant directs Gregg to take the ticket to the cash desk

at the far end of the food hall. Once he pays at the cash desk he can then return

and collect the truffle.

Before Gregg reaches the cash desk he receives a call on his mobile phone

from Heston, a friend of Greggs who is also a chef. Heston tells Gregg that he

has seen some French truffle of the same quality for sale for 600 per gram.

After the call, Gregg makes his way back to the food display counter. He tells


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the attendant that he no longer needs the truffle and hands the ticket back to the

attendant.

The attendant calls the manager who tells Gregg that he is required to pay 16,000 as

indicated on the ticket. Gregg refuses to pay and Harridges bring a claim against

Gregg for breach of contract.

At first instance it is held the acceptance took place, and the contract was concluded,

only once the ticket was presented and the purchase price was paid at the cash desk.

Gregg therefore had no contractual obligation to purchase the truffle.

Harridges now appeal to the Court of appeal on the following ground:

1) That the contract was concluded upon acceptance of the customers order for 16

grams, prior to the grating of the truffle.

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