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contract law

Forums › Ask ACCA Tutor Forums › Ask the Tutor ACCA LW Exams › contract law

  • This topic has 9 replies, 2 voices, and was last updated 9 years ago by MikeLittle.
Viewing 10 posts - 1 through 10 (of 10 total)
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  • January 16, 2016 at 10:53 am #294695
    salluk
    Member
    • Topics: 31
    • Replies: 52
    • β˜†β˜†

    sir in Shanklin pier v Detel product case, I understood the case and knew it there is a collateral contract between Detel and the claimant. but further, if I have to explain what should I write.

    sorry for poor listening english skill πŸ™

    January 16, 2016 at 12:40 pm #294703
    MikeLittle
    Keymaster
    • Topics: 27
    • Replies: 23319
    • β˜†β˜†β˜†β˜†β˜†

    Let me say this one more time!

    YOU WILL NOT HAVE TO WRITE ANYTHING!

    NOTHING AT ALL!

    YOU WILL HAVE NO CHANCE IN THE F4 EXAM TO WRITE A SINGLE WORD!

    DON’T WORRY ABOUT WRITING, YOUR SISTER’S BIRTHDAY, SPELLING, WHETHER THE CHIEF EXECUTIVE OFFICER OF DETEL PRODUCTS WAS MALE OR FEMALE, THE QUALITY OF YOUR ENGLISH, THE LIFE EXPECTANCY OF THE GALAPAGOS TORTOISES, ENGLISH GRAMMAR, GLOBAL WARMING, THE CONJUGATION OF ENGLISH IRREGULAR VERBS ……..

    THERE’S NO WRITING AVAILABLE TO YOU

    Is that clear?

    I told you in an earlier post …. there’s no benefit in learning facts about cases, nor even case names.

    All you need to remember is the point of law and how to select an answer from a choice of two or four

    πŸ™‚

    January 16, 2016 at 2:18 pm #294711
    salluk
    Member
    • Topics: 31
    • Replies: 52
    • β˜†β˜†

    ok sir. thank you very very much πŸ™‚

    January 16, 2016 at 2:29 pm #294712
    MikeLittle
    Keymaster
    • Topics: 27
    • Replies: 23319
    • β˜†β˜†β˜†β˜†β˜†

    You’re welcome πŸ™‚

    January 16, 2016 at 2:31 pm #294713
    salluk
    Member
    • Topics: 31
    • Replies: 52
    • β˜†β˜†

    sir if I owed yo 100 and with your acceptance I paid you 80. You told me it’s ok to pay 80. now can you sue me for part payment?

    January 16, 2016 at 2:49 pm #294715
    MikeLittle
    Keymaster
    • Topics: 27
    • Replies: 23319
    • β˜†β˜†β˜†β˜†β˜†

    It depends what I said when “and with your acceptance I paid you 80. You told me it’s ok to pay 80” I said it was OK

    Basically, if you owe me Β£100 and pay me Β£80, you still owe me Β£20

    But there are exceptions

    January 19, 2016 at 12:29 am #296056
    salluk
    Member
    • Topics: 31
    • Replies: 52
    • β˜†β˜†

    1. to be able to achieve full compensation, the injured party must have been in a position to complete
    their obligation at the date the contract was due to start.

    sir I m bit confused. In case of Mihalis angelos, why did not other party sue ship owner for breach of contract first ? because ship owner breached the contract isn’t it?

    2 In breach of contract, i could not get this point.

    ”.Remoteness – only awarded if the damage suffered should have been in the reasonable
    contemplation of the ordinary man”

    January 19, 2016 at 10:07 am #296201
    MikeLittle
    Keymaster
    • Topics: 27
    • Replies: 23319
    • β˜†β˜†β˜†β˜†β˜†

    Because he didn’t know that the ship wasn’t available when he sent his notice of breach

    How far can you be liable for the consequences of your breach? Those Galapagos tortoises that I mentioned could be affected by my failure to honour a contract in the UK.

    Say, as a result of my breach, the injured party is unable to proceed with a contract to buy lettuces and that means that those lettuces have to be thrown away. Seeing these rotting lettuces, butterflies lay their eggs on them and caterpillars emerge to eat the lettuces. But they also attack the nearby bushes. A man sprays the bushes to kill the caterpillars but carelessly throws away his cigarette and that sets fire to the sprayed bushes. The fire rages out of control and burns down the local forest causing 15 houses to be destroyed. Living in one of those houses is a scientist who was asleep when the fire burnt down her house. And she was the scientist that had just discovered the cure to tackle the disease that is wiping out the Galapagos Islands population of giant tortoises. And they all die.

    And all of that was because I breached a contract

    Am I liable to the Chilean government for destroying the population of Galapagos Island tortoises? Could I, as an ordinary man, have reasonably contemplated the consequences of my breaching action?

    January 20, 2016 at 2:05 am #296467
    salluk
    Member
    • Topics: 31
    • Replies: 52
    • β˜†β˜†

    ”NO”

    thank you sir

    January 20, 2016 at 7:00 am #296493
    MikeLittle
    Keymaster
    • Topics: 27
    • Replies: 23319
    • β˜†β˜†β˜†β˜†β˜†

    You’re welcome

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