Must find an outcome she can decide to rescind the contract or claim damages (i dont know exactly the good redaction for both of them.
Tony and Uma, his sister-in-law, signed a written contract for the sale of a painting for £100,000. Tony told Uma in a telephone conversation that the painting was ‘worth £125,000’. At Uma’s request, Tony wrote on the back of the written contract ‘I guarantee the painting to be worth at least £125,000’. The written contract contained a clause which said ‘no warranty is made about the value of the painting’. Tony thought that the painting was indeed worth £125,000, though he made little effort to check the facts. The artist has fallen out of fashion in recent years, and the painting is now worth significantly less than £100,000.
Instruction: 3000 words
I have many documents to sent before starting, I found the same problem question and the answer that I have already been done in the past exams – see this file – draft_summative.docx
Thus, you will have to support the points that have already been raised with cases.
The lecture and cases – lecture_and_cases.pdf
She asked to use the IRAC approach:
Rule of Law
Application (apply the rule of law to the issue)
Should be done for each point made in this paper
never forget to conclude before going to another point
To be added to that in this paper I can see that there is
- Intention to create legal relations “his sister in law ” (find cases)
- Telephone conversation –
Also a Signed contract ( L’estrange v Graucob)
– express terms parol evidence rule
– Promotes certainty
– parlty oral
– Jacobs v Batavia & General plantations Trust Ltd (1924)
Must find an outcome she can decide to rescind the contract or claim damages (i dont know exactly the good redaction for both of them. I am trying but I am stuck on this part how to express and adress them both)
Oral agreement –> Lord Phillimore LJ in Mendelsshon v Normand Ltd (1970)
business to consumer contract / Exclusion clause –> exemption
Terms of the contract = warranty
Misrepresentation = negligent misrep.
I think the first draft, the paper i sent with the problem and the questions says everything just adapt and develop each point
The paper should be like having a client in front of me giving advice, explaining first and then giving advice. Giving options when there is 2 possibilities and giving the choice to pick the one prefer by explaining without taking side
Should be comprehensible to anybody
Answer preview for the “Must find an outcome she can decide to rescind the contract or claim damages (i dont know exactly the good redaction for both of them.” essay………………….