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

Legal Systems and Contract Law - Assignment ExampleThe scenario presented by the side of Arju, a consumer who went to bargain for a power washer at a local store whereby she was assisted by three different people. This case involves a number of parties and therefore, the Scots shrivel up law will be applied in this case. Question A1 In this scenario, we witness a guest who give the axed Arju to purchase a certain power washer (AK47 Watersquirt). Arju purchased the water washer based on the recommendation of the customer. In this scenario, as the lawyer representing Arju, I would advise him non to pursue this case in a court of law. This is because the customers recommendation amounted to something more than or else of a see. According to the Scots Law of contract, a unilateral promise is not recognised as a contract. The homeworks of the Scots Law of contract do not recognize unilateral promises which argon against the provisions of this law. This is similar to the case of P unit 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 binding contract. According to the Scots law of contracts, for a contract to be binding it must be a bilateral agreement between two parties. On the other hand a contract can exist whereby a person has obligation to serve duties in relation to other 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. Therefore, the customers recommend ation 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 next 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 goods. However, the sales assistant omitted education concerning customer recalls on goods on faulty goods. Based on the learning 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 iodine 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. Therefore, the sales assistants reassurance of the good quality of goods sold by the store amounted to a breach of contract. The promise presumption 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 genuine consent of the parties. In this scenario, the sales assist