Contract Law Case Study Essay

1463 Words Dec 15th, 2012 6 Pages
The Business School | |

Assignment Topic Due Date: Friday, noon, of week 8
Semester Two 2012

word count:1470 words
1.in this situation, first we need to identify if there is a legal binding contract, a contract is a agreement which the law will enforce, a contract is a part of common law, common law is also called custom law, it is made by the judge to protect the community against the crimes, when an issue goes to court and there is no statue law that covers it, a judge will hear the case and issue a verdict. the record of this verdict becomes a precedent so that when similar cases arise, other judges may take into account the penalty previously issues. previous judgements therefore form the basis for common law. it is case laws
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* there is a representation. Georgia states' i am a professional, an animal lover and that this should not be a problem.' and in his contract it also contains the following clause: 'Georgia maintains the highest standards in animal care." * the representation is false. while Malcolm is away, Georgia incorrectly feeds the fish the rabbit food and the rabbit the fish food. this is not 'professional pet care service' * the representation has induced Malcolm into the contract, if Malcolm knew that the representation was a false, he would not enter into the contract and replied on it . * the reliance on the misrepresentation led to great damage to Malcolm, because Georgia's careless, he has suffered the following loss 1. his tropical fish worth thousands of dollars have died. 2. the furniture and the house Malcolm is renting have been damaged by flood because the rabbit food blocked the aquarium filter. 3. Malcolm's 'award winning rabbit' has lost all its hair and is no longer able to be shown.

so it comes to conclusion that Malcolm can sue Georgia for breach of contract, for making a misrepresentation.

breaches of contract are normally remedied by an award of 'damages' -an amount of money that is paid as compensation
Malcolm could seek redress under both negligent and fraudulent

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