Consideration

(b) Lionel borrowed from Tracy, a local detergent builder, a cement mixer in order to lay the base for a greenhouse he planned to build in his garden. Although no maintain was make of pay backment at the time, when Lionel returned the mixer he promised to pay Tracy, £210, which he now refuses to do. Advise Tracy. On the facts presented Tracy (T) shall be advised on his legal position evaluating the possibility of receiving the sum owed to him by the defendant, Lionel (L). In order to constitute this transaction as a legally enforceable contract, there are three facts Ts party must prove. The first has partially been explained, although T reliable Ls request to borrow the cement mixer, we cannot espouse it was intended to be legally binding. The second get along creates questions concerning consideration. The terce deals with legal turn such as promissory estoppels. As mentioned in the introduction, the unresolved part of the first issue involves examining the aspiration to create legal relations. This has raised a sub-issue as to if a mercantile intellect or a amicable agreement had been formed.

On one hand, we know through application program of go up & Frank Co v Crompton Bros (1925) and Jones v Vernons Pools (1938) that unless rebutted by honour clauses or expressed words, commercial-grade agreements are potently intended to be legally binding. As L had stipulated no honour clause, English righteousness will assume that there was a strong conception to contract. Further relating the facts of the fount to the objectivity lenses of contract worn by the European tipple Common Frame of Reference, Art II, ! T objectively construed Ls promise compensation of £210 as a clear-sighted subsequent action of the initial commercial agreement. It is unimportant if L construed his offer as an ex gratia payment or a moral obligation, Edwards v Skywards Ltd (1964). On the other hand, if Ts conduct as a local builder had led L to act other than from what he other than would have done, he may be protected by the doctrinal...If you want to get a fully essay, order it on our website: BestEssayCheap.com

If you want to get a full essay, visit our page: cheap essay