Legal Systems and Contract Law Assignment Example | Topics and Well Written Essays - 1250 words

Legal Systems and Contract fair play - Assignment ExampleThe scenario presented by the case of Arju, a consumer who went to leverage a male monarch washer at a local instal whereby she was assisted by three different people. This case involves a number of parties and therefore, the Scots concentrate law will be use in this case. Question A1 In this scenario, we witness a customer who evoked Arju to purchase a certain(prenominal) power washer (AK47 Watersquirt). Arju purchased the water washer based on the recommendation of the customer. In this scenario, as the attorney representing Arju, I would advise him non to watch over this case in a court of law. This is because the customers recommendation amounted to something more or else of a foreshadow. According to the Scots Law of reduce, a unilateral promise is not recognised as a contract. The provisions of the Scots Law of contract do not recognize unilateral promises which are against the provisions of this law. This is similar to the case of Punit Beriwala v. Suva Sanyal 1998, whereby Suva had sued Punit for breach of contract based on a marriage promise. The court held that the promise was not enforceable and therefore the promise could not be considered as a back contract. According to the Scots law of contracts, for a contract to be binding it must be a bilateral agreement amongst two parties. On the other happen a contract can exist whereby a person has obligation to perform duties in similitude to another person. This type of contract is referred to as a gratuitouscontract (Douglas,56). In the case of Arju, she was not advised by the customer in this scenario but the customer was merely expressing her opinion. As a result, a court of law would not recognize this as a breach of contract since there was no contract in the first place. According to the Scots Law of contracts, a contract is an agreement between two or more parties with the intention of creating legally binding obligations. Th erefore, the customers recommendation had no intention of creating legally binding agreement. As the legal representative of Arju, I would advise her not to pursue a case against the said customer but instead try to be careful the succeeding(a) time. Question A2 In another scenario, we witness a sales assistant who is not familiar with power washers but goes ahead to assure Arju that the store sells quality corkings. However, the sales assistant omitted information concerning customer recalls on goods on faulty goods. Based on the information provided by this case, as the lawyer for Arju, I would advise her to sue the sales assistant and the shop for breach of contract. According to the Scots Law of contracts, a contract is an agreement between two or more parties. In terms of promises one makes to another, the Scots Law of contracts requires the promise to be done in writing or be proved by a writ or oath. However, this provision excludes undertaking done under businesses. There fore, the sales assistants reassurance of the good quality of goods sold by the store amounted to a breach of contract. The promise given to Arju by the sales assistant compelled Arju to purchase from the store leading to a loss (Hare, 64). As a result, Arju should sue the store based on the information provided by the sales assistant. Another provision of the Scots Law of contract is that for a contract to be legal and binding there must be free and literal consent of the parties. In this scenario, the sales assist