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 consult was make of deliverment 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 assured 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 fuck creates questions concerning consideration. The terce deals with legal extend such as promissory estoppels. As mentioned in the introduction, the unresolved part of the first issue involves examining the aspi ration to create legal relations. This has raised a sub-issue as to if a technical intellect or a companionable agreement had been formed.

On one hand, we know through applications programme of go up & Frank Co v Crompton Bros (1925) and Jones v Vernons Pools (1938) that unless rebutted by honour clauses or expressed words, technical agreements are potently intended to be legally binding. As L had stipulated no honour clause, English honor 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 Comm on Frame of Reference, Art II, T objectively! construed Ls promise wages 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 wide-eyed essay, order it on our website: BestEssayCheap.com

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