Law Case Study

1459 words - 6 pages

Law Case Study X owns a holiday cottage in a remote mountain area. In May he agreed
to let it to Y from 1-15 August. Y paid a deposit of £ 200. On the
afternoon of 31 July, after Y and his family had set off from their
home near London, a landslide rendered the cottage uninhabitable. X,
who had recently spent £ 500 on redecoration in preparation for Y’s
visit, was unable to contact Y, and Y only found out what had happened
when he arrived at the cottage. Y spent £ 200 on hotel accommodation
for the night before returning home next day. Y and his family were
very disappointed at not having the holiday they had planned.

Y is now demanding that X should return his deposit and pay him
compensation.

Advise X. What difference, if any, would it make if the damage to the
cottage had been caused by a fire carelessly started by X?

SUGGESTED ANSWER :

In advising X, it has to be determine whether the contract between Y
and X has been frustrated, and if so can Y demand for his deposit and
further compensation.

Frustration occurs when without default of either party to the
contract, the contractual obligation has became incapable of being
performed Amalgamated Investment v John Walker.

There are 2 test for frustration. By the Implied Term Theory test
there is an implied term in every contract that if the contract is
incapable of being performed without default of either party the
contract is discharge Blackburn J in Taylor v Caldwell

.

These theory has been substantially replaced by the radical change in
obligation test by Lord Radchiffe in Davies v Fareham UDC. Here
frustration take process when the supervening event which
significantly changes the nature of the obligation from what the
parties have contemplated. These was upheld in Pioneer Shipping Ltd v
BTP Tioxide and National Carriers v Panalpina

The frustration event here would fall under the heading of
unavailability. The landside which rendered the cottage uninhabitable
have significantly changes the nature of the obligation. Here X may
argue that the unavailability is only temporary. But in Jackson v
Union Marine Insurance, held unavailability apply even it is only
temporary, as long as it covers the period of performance. As from the
facts even though the landside is temporary but the cottage becomes
uninhabitable which may require a long time to repair and moreover it
is situated in a remote mountain area and X had recently spent £ 500
on the redecoration.

Upon discovery of the frustration event one need to examine, whether
the effect of the doctrine can be limited as Viscount Simmonds in
...

Find Another Essay On Law Case Study

Criminal Law Case Study

1892 words - 8 pages The offence Harry would be charged with is William’s murder. The area of Law that this case is concerned with is criminal law (homicide). The two offences that constitute homicide are murder and manslaughter. The classic definition of murder was set by Sir Edward Coke (Institutes of the Laws of England, 1797). Murder is defined by the Law as causing the death of a human being within the Queen’s peace with the intention to kill or cause grievous

Law Case Study on Property

2981 words - 12 pages dangerous drug). Mary immediately gives John notice to vacate the studio saying "I won't allow you making trouble on my property". Advise John.The essence of this case is whether John's occupation is under a lease or just under a licence. The distinction between a lease and a licence is important because John will enjoy the security of tenure legislation found in the Land and Tenant (Consolidation) Ordinance (LTCO), while he does not if he occupies

Workplace Law - Case study analysis

1745 words - 7 pages necessary indicia specified in the case of Metals and Engineering Workers Union - Western Australia v Centurion Industries Ltd (1996) 66 IR 312. Furthermore, this provision of law also stipulates that the nature of her contract can change (which it has) from that of a casual employee to a part-time one.3. Elizabeth can be classified as a part-time employee. Therefore, her employment contract should entitle her to a provision of sick leave pay

International Trade Law Case Study

2332 words - 9 pages case. France is one of the contracting parties of the Vienna Convention but not Indonesia. Although Indonesia is not contracting parties in this act, according to article 1(1b), the convention will apply when the parties are in different countries and the proper law of the contract is that of a country that is party to the CISG and that country has not made a relevant article 95 declaration. CISG will apply to the contract if the law applying to

An example of The policy cycle in New Zealand using Homosexual Law Reform Act 1986 as a case study

2653 words - 11 pages This essay will explore the Homosexual Law Reform Act as a case study of the "policy cycle". Through out this essay I will investigate the interactions which took place between actors such as politicians, interest groups, individuals which led to the emergence, formation and the implementation of the Homosexual Law Reform Act. This paper discusses the background and the leading events which set the agenda. This essay also will go on to

CAW vs PC WORLD - Law Case Study

1234 words - 5 pages CAW vs PC WORLDCaseStraight out, this case is about the "duty to bargain in good faith", unfair labour practices.CAW-Local 127, the applicant, claimed that PC World the responding party, that they engaged in bad faith bargaining, and requested a number of remedies for the alleged breach. PC World denied it had breached the Act, and was seeking the dismissal of these applications.The Boards decision after hearing from both sides: a) is that the

Titan Case Study- International business law

1944 words - 8 pages limit, the problem of bribery throughout the world.Scope of researchIn order to find a case that corresponded to a topic which was covered during the seminar, I started out by looking for articles which talked about corruption. When I came upon an article that seemed to cover international business law, the Titian case, I continued to search for related articles.Most of the articles mentioned the Foreign Corruption Practices Law of 1977, so it

Australian Law and Business - case study

2464 words - 10 pages the Legal position under the Contract Law regarding the above situation and followed by relevant recommendations.Legal position under the Law of ContractFirst, we will look into whether there is a valid contract between Jack and Albert.Jack is a taxi driver and he is stationed at the Toowoomba Railway Station for picking up passenger at the material time. As Jack and Albert do not know each other, and Albert did not make any appointment with

JAMIEL'S LAW a Simple Case study

686 words - 3 pages so close to his home, that his own father was able to run to his son’s side and helplessly watch as Jamiel slowly began to die. The shooter was one Pedro Espinoza, an illegal alien and documented member of the 18th street gang. Police Chief William Bratton said Espinoza had been released from jail in an assault case the day before Shaw's killing.What makes this story relevant is because it’s sparked a controversial new ordinance; Jamiel

The case law study of multi-modal transport issue

2678 words - 11 pages Corporation assessed that the cargo were not maintained at the proper temperature, and rejected as "unfit for human consumption" and returned. Because of the cargo damaged, so there was no commercial value. VMeen Business Corporation is contemplating legal action.Identify the CarriersIn this case, a House Bill of lading was issued covering the entire carriage. The shipper Chopstix Corporation engaged Hasslefree Transporters for the carriage of goods

Analysis of The Types of Law in a Case Study

2204 words - 9 pages defendants were liable due to the production of a faulty garment containing excess sulphite, which led to the claimant contracting dermatitis; which led to the claimant spending a long period of time in hospital. This case relates to Slump Ltd as due to the negligence shown Big Deal Ltd, 'five of the company's best customers have now transferred their business to Slump Lt's main competitor, Keynes Ltd'.The second scenario involves Big Deal Ltd and

Similar Essays

Commercial Law Case Study

1783 words - 7 pages ). According to the Case Donoghue v Allied Newpaper Ltd (1938) 1 CH 106 applies that a picture, a play, or a book, and the owner of the idea has no rights in the product (Turner 2003, p848). Even the book is based on Gilbert's life story, but author of the book is jack and has the copyright of the book.A basic principle of copyright law is that copyright does not protect ideas as such but only the particular form of expression in which they are embodied

Contract Law Case Study

3017 words - 12 pages Contract Law Case Study Both the parties in the question have come to a problematic situation which is complicated to resolve. Friend's of the Forest (Friends), represented by Christabel, is involved in a commercial trade with Paper Supplies Pty Ltd (Paper) which is represented by Dee. A contract needs four essential elements to exist. In the

Law Coursework Case Study Of Benitez Computers Ltd

756 words - 3 pages In advising Benitez Computers LTD we must consider whether the fax they sentout to a number of their customers was an offer or and invitation to treat.An invitation to treat is where a party such as Benitez Computer LTD arenot willing to implement the terms of their promise but merely seeking toinitiate negotiations. As in the case study of Partridge and Crittenden itwas decided that if the advertisement such as the fax sent out was aninvitation

Educational Law Case Study

1040 words - 4 pages Case Study:Summary of Case:I will be focusing my attention on the third case. This case discusses a major issue haunting schools across the country; bullying. In this specific case a grade 11 student was concerned for her own safety as threats had been made by another student. The teacher was informed and the student was told to contact the vice-principal. Instead of doing this, the student went home over lunch and returned to school with a