1) Cathy v Eric
An oral contract exists between Cathy and Eric as the requirements for the existence of a contract were fulfilled. There must be an offer and acceptance that had consideration and an intent to create legal relations. Consideration can be seen between the payment from Cathy to Eric. A term of the oral contract was that Eric’s farm land would be suitable for installing a marquee. This was found false and Cathy had to pay additional costs to prepare the land for the marquee. Hence it can be said that Eric has breached the oral contract for failing to fulfill Cathy’s term and she may be able to claim damages.
Express Term
Furthermore, the more important a statement is to the parties involved the more likely it is seen as a term to the contract. The fact that Cathy required a marquee for her event and she made that aware to Eric can show that it was important to her. The type of term that has arisen here is that of an express term, which is a term that has been specifically stated and agreed on by both parties at …show more content…
If Cathy can prove that Eric gave a negligently false opinion then he could be liable, but that is unlikely as it appears Eric honestly believed what he had said was true.
2) Cathy v TentMe
There exists a written contract between SCULPTURa and TentMe. The first issue pertains to the express term in the written contract that the marquee would meet Cathy’s specifications, which it did not. The second issue was that parts of the marquee that were installed fell and caused damage, but there was an exclusion clause in the contract regarding TentMe’s liability. Cathy can claim that TentMe has breached the contract and may be able to get a remedy but may or may not be able to hold them liable for damages caused to her company car.
Issue 1
Breach of
An oral contract exists between Cathy and Eric as the requirements for the existence of a contract were fulfilled. There must be an offer and acceptance that had consideration and an intent to create legal relations. Consideration can be seen between the payment from Cathy to Eric. A term of the oral contract was that Eric’s farm land would be suitable for installing a marquee. This was found false and Cathy had to pay additional costs to prepare the land for the marquee. Hence it can be said that Eric has breached the oral contract for failing to fulfill Cathy’s term and she may be able to claim damages.
Express Term
Furthermore, the more important a statement is to the parties involved the more likely it is seen as a term to the contract. The fact that Cathy required a marquee for her event and she made that aware to Eric can show that it was important to her. The type of term that has arisen here is that of an express term, which is a term that has been specifically stated and agreed on by both parties at …show more content…
If Cathy can prove that Eric gave a negligently false opinion then he could be liable, but that is unlikely as it appears Eric honestly believed what he had said was true.
2) Cathy v TentMe
There exists a written contract between SCULPTURa and TentMe. The first issue pertains to the express term in the written contract that the marquee would meet Cathy’s specifications, which it did not. The second issue was that parts of the marquee that were installed fell and caused damage, but there was an exclusion clause in the contract regarding TentMe’s liability. Cathy can claim that TentMe has breached the contract and may be able to get a remedy but may or may not be able to hold them liable for damages caused to her company car.
Issue 1
Breach of