CONTRACT Essay Example | Topics and Well Written Essays - 2500 words

CONTRACT - Essay Example The facts at hand clearly do not point to common mistake. The mistake that is relevant in respect of the facts is one whereby consent is negative because one party is under a mistake. As Professor Goodhart (1941) states ‘there is no breach of the law of contract which is more uncertain and difficult than that which is concerned with the effect of mistake on the formation of a contract’. In respect of the facts at hand the mistake that is relevant is the one of identity of the other contracting party. Generally the identity of the other party is immaterial. In respect of the claims of ES against the third party an action under tort can be brought about whereby the English Law principle of nemo dat quad non habet (you cannot give what you do not have) would apply and if the person who sold the goods to the third party does not own any right to them then such goods have to be returned. As far as ES and IE are concerned under contract if there has been an assumption of false identity then a claim of fraud can also be made against the rogue. Fraudulent misrepresentation in this respect would lead to the contract being held voidable. Thus if there has been a mistake as to identity of the person who was under such mistaken belief can argue that the contract b set aside on the basis that the contract was entered into on the basis of mistake and thus is void tthereby having no legal effects whatsoever. Thus mistake is a better option as compared to fraud (Lord Nicholls in Shogun Finance Ltd. v. Hudson 2. In respect of mistake as to identity there is necessity to distinguish between contracts that have been entered into orally and those that have been entered into in writing. After the decision of Shogun the courts have found that where the dealing between the parties is fact to fact, there is a presumption in law that the parties intend on dealing with each other. Thus mistake as to true name would not be a sufficient reason. In respect of contracts in writ ing, the names of the parties bear greater significance because of the need for certainty in respect of written contract. Thus Lord Nicholls in Shogun stated that ‘there is no magic attaching to a misrepresentation made in writing rather than by word of mouth’. The reason for the difference in oral and contracts in writing is because of the fact that the innocent party would be unaware of who is standing in front of him when entering into the contract orally. The courts have therefore been given authority to determine the intention of the parties based on the documents and without any presumptions to such intentional. An important decision in respect of written contracts is the House of Lords in Cundy v. Lindsay3 whereby a dishonest person by giving wrong address and name of company dealt with an innocent party. The court deciding in favour of the claimants stated the reasoning that the order form had been signed with incorrect name and the claimants were aware of the n ame of the firm and had the intention of dealing with them. However, the courts in King’s Norton Metal Co. v. Edridge Merrett and Co. Ltd.4 held that where letters had been sent by a rogue the claimant purported to deal with the person sending the letter and not the company. The main distinction between the two earlier cited authorities is that in the latter no

Reflective Paper Essay Example | Topics and Well Written Essays - 2000 words - 3

Reflective Paper - Essay Example The biographical study approach was leveraged in the effort to analyze the entrepreneurship process from the point of view of Spreckels’ life as an immigrant and the evolution of his business enterprises. There are three steps to the method. The first step relates to the analysis of the family and ethnicity of Spreckels. The second step relates to the evolution of his business interests. The third step relates to how his immigrant status shaped his business life (Spiekermann 1-21). The article is well-written and makes use of the biographical study in a very structured fashion. It is informative and allows the reader to glean insights into the entrepreneurship process in general and its demonstration in the life and times of Spreckels (Spiekermann 1-21). The paper details the results of a case study involving the introduction of information technology into Fairfield University, detailing those aspects of the introduction relating to impacts on management and on the economic considerations relating to the acquisition and rollout of a vital pieces of IT, including computing hardware and networking infrastructure. Those two aspects, management impacts from the perspective of faculty use and economic considerations relating to the demand for the IT resources relative to supply and adequacy of the computing investments. The findings include that such exercises require extensive planning, and can be justified from the point of view of learning and efficiency improvements that offset the costs of the investments in IT (Tellis). The researcher detailed the study methodology within the paper in straightforward fashion, and that methodology had four steps. One is the design of the case study. Two is the undertaking of the case study itself. Three is the analysis of the data. Four is the derivation of conclusions and implications, and the crafting of recommendations for next steps (Tellis). The paper relied