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Contract Law Case Essay Research Coursework Term Paper

Essay Instructions:

PLEASE ANSWER ONE QUESTION. EITHER A1 OR A2. AND PLEASE INCLUDED AND REFERE TO DECIDED CASES.
QUESTION A1
“The most obvious way in which a contract is discharged is by both parties performing
their obligations under it. In many cases this is quite straightforward, but there are
circumstances in which one party may claim to have performed and therefore, for
example, be entitled to payment, yet the other party disagrees. As a result, the law has
had to address the question of what will amount to performance.”
‘Contract Law’ 11th edition Catherine Elliott & Frances Quinn p.308
With reference to decided cases explain and critically evaluate the above
statement in relation to the following:
ο‚· the doctrine of complete performance and the exceptions to it; and
ο‚· late performance.
QUESTION A2
“…there can be no doubt that the decision [in Williams v Roffey Brothers] marks a
move away from reliance on technical rules of consideration towards a climate where
the courts will be more willing to enforce contractual renegotiations freely entered into
by parties of not unequal bargaining power. The safeguard against abuse of this
freedom lies in the developing doctrine of economic duress.”
-Robert Duxbury “Contract Law” 2nd Edition pages 81 and 82.
With reference to decided cases explain and critically evaluate the above
statement in relation to contractual renegotiations involving one contracting
party agreeing either to pay more to the other party or to accept less than the
amount due under their contract.
Explain whether or not you agree with it.

Essay Sample Content Preview:
Student
Instructor
Course
Date
Contract Law
Introduction
Contract law entails legislation and policies that are enforced in making and enforcing agreements between two parties. Through the contract agreement, someone can file a legal suit against another party based on regulations that relate to making contracts. The court decides to ensure fairness, and all the important remedies are fulfilled as needed whenever there is proof of breach of contract from another party. It is worth noting that contract law applies to anyone who is carrying out any form of business. Customers and consumers utilize contracts whenever they are buying or selling certain products or services. These contracts include purchasing goods and services, signing employment contracts, signing up for insurance payments, among others. Through the established contracts, the transactions happen faster, and there are minimal misunderstandings. They instill a sense of confidence and safeguards each party's interests, ensuring that no one is taken advantage of. In this regard, there are clear terms that guide a particular agreement and ensures that interests are protected.[ADDIN CSL_CITATION {"citationItems":[{"id":"ITEM-1","itemData":{"ISBN":"1405846712","author":[{"dropping-particle":"","family":"Elliott","given":"Catherine","non-dropping-particle":"","parse-names":false,"suffix":""},{"dropping-particle":"","family":"Quinn","given":"Frances","non-dropping-particle":"","parse-names":false,"suffix":""}],"id":"ITEM-1","issued":{"date-parts":[["2007"]]},"publisher":"Pearson Education","title":"Contract law","type":"book"},"uris":["/documents/?uuid=b0315613-7036-4ba7-b4d3-2ed37d3242a4"]}],"mendeley":{"formattedCitation":"Catherine Elliott and Frances Quinn, Contract Law (Pearson Education 2007).","plainTextFormattedCitation":"Catherine Elliott and Frances Quinn, Contract Law (Pearson Education 2007).","previouslyFormattedCitation":"Catherine Elliott and Frances Quinn, Contract Law (Pearson Education 2007)."},"properties":{"noteIndex":1},"schema":"https://github.com/citation-style-language/schema/raw/master/csl-citation.json"}Catherine Elliott and Frances Quinn, Contract Law (Pearson Education 2007).]
As Elliot and Quinn argued, "the most obvious way in which a contract is discharged is by both parties performing their obligations under it" (p. 308). At the same time, this is usually true in many instances. There certain cases where a party has to claim due to disagreements before the contract is closed. An example of such a case is when there is an entitlement to payment, and another party disagrees. In this regard, contract law is applied to provide proper legal measures that warrant fairness and what will amount to fairness. The paper will explain and evaluate Elliot and Quinn's claim, referencing previous decided contract-related cases using complete performance doctrine and the exceptions to it, and late performance.[ADDIN CSL_CITATION {"citationItems":[{"id":"ITEM-1","itemData":{"ISBN":"1405846712","author":[{"dropping-particle":"","family":"Elliott","given":"Catherine","non-dropping-particle":"","parse-names":false,"suffix":""},{"dropping-particle":"","family":"Quinn","given":"Frances","non-dropping-particle":"","parse-names":false,"suf...
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