Lord Atkin Law Assingment Help With Solution

Posted on March 20, 2017

Lord Atkin Law Assingment Help With Solution

 
SECTION ONE
 
Answer ALL questions in this section.
 
1. In relation to English legal system,
 
Required
 
a. Explain the English legal doctrine of stare decisis and the system
of judicial precedent.
 
b. Compare and contrast their advantages and disadvantages, and
comment upon the circumstances where judicial precedent might
not be followed.

 

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SECTION TWO
 
Answer ALL questions in this section.
 
On 10th August 2016 Empire Cruise Ltd (“Empire”) advertised a second-hand cruise
liner, the Queen Mary, for sale in a cruise industry trade journal for £5 million. The
next morning Aaron, the Chief Financial Officer of Sunrise Cruise Ltd (“Sunrise”)
rang Benedict, Empire’s CEO, and said that Sunrise was interested in viewing with a
potential to buy the Queen Mary, however he would be out of office on a ten-day
business trip to Denmark and would not be able to view the cruise until his return.
Benedict said that Empire would sell the Queen Mary to any other buyer if they found
the offer attractive. Aaron then said that Sunrise would pay Empire £50,000 if Empire
would not sell the cruise liner to another buyer for the next ten days (i.e. until 21st
August). Benedict agreed.
 
On 20th August Caroline, the CEO of LBSU Ltd (“LBSU”) came to view the Queen
Mary and expressed an interest to buy it at the asking price. Benedict said that
Empire could only sell the cruise liner to LBSU from 21st August onwards and asked
her to contact again the next day. Caroline contacted Benedict the first thing in the
morning of 21st August. Benedict and Caroline re-discussed the deal with the same
terms and agreed the sale and purchase of the Queen Mary for £5 million
straightaway. Later that same day, Aaron rang to arrange for viewing the Queen
Mary. Benedict told him that the Queen Mary had just been sold to LBSU and
demanded Concur pay the £50,000. Aaron refused.
Each part of your answer must be supported by relevant authority (case law or
statutes).
 
REQUIRED
 
Analyse the above situation with respect to the rules governing the formation
of a contract. In particular please answer the following:
 
(a) The legal nature of Empire’s advertisement. (10%)
 
(b) Wether LBSU has entered into a binding contract with Empire. (15%)
 
(c) Whether Empire has entered into a binding contract with Sunrise and
whether Empire has any right of action against Sunrise for the £50,000.
(25%)
 
GROUP COURSEWORK (COMPONENT 2 – 30%)
 
“In the law of negligence, the neighbour principle enunciated by Lord Atkin in
Donoghue v Stevenson (1932) will open the flood gate for the professional
negligence claims.” Discuss.

 

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