not so much consumer law......

4743hudsonj

just have a problem, part of my uni course atm doing contract law

just need a little help and im not 100% dont want to ruin a whole late nighter with the wrong train of thought!

now i know counter offers make all previous offers null, but in this case the contract has been made, not something we have gone into depth on.

so am i right in thinking contracts are still valid when changes are made if both parties agree and there is new consideration for the alteration.

Vomityspice

Which case are you on about? Name it (you should be able to reference by now...)

Do you not have access to WestLaw or LexisNexis? Westlaw will give you the context to the case so understanding might be a bit easier! (To be fair so will Lexis, it will just be more obscure)

4743hudsonj

Vomityspice wrote: »

Which case are you on about? Name it (you should be able to reference by now...)

Do you not have access to WestLaw or LexisNexis? Westlaw will give you the context to the case so understanding might be a bit easier! (To be fair so will Lexis, it will just be more obscure)

should have explained, its hypothetical for an assignment

im not that lazy! if it were real i would have no problem sourcing it. im pretty nifty at everything else just this which we havnt covered and a third of the assignment is based on. lol i just want to make sure that my heads starting right.

so do you know if i am correct in thinking that amendments to contracts are valid and enforceable as long as both parties agree and new consideration is provided? (or is that not even required?)

gordikin

I'd concentrate on capital letters and punctuation first. I would give you a wide berth on that alone if I were looking for legal advice, if and when you qualify.

4743hudsonj

gordikin wrote: »

I'd concentrate on capital letters and punctuation first. I would give you a wide berth on that alone if I were looking for legal advice, if and when you qualify.

I can type properly if I wish too. In fact, I am required too for assignments and dissertations. I just choose not too, with a far more relaxed style on here due to it being an informal forum.

As for your statement on qualifying; my assignment is part of a contract law module in Business (HONS), so no qualifying.

Vomityspice

Not really clear what you are actually after but here goes....

For details of the subject of counter offers Hyde v Wrench (1840) 3 Beav 334 should guide you in the right direction.

If your last statement is the question then:

When a variation is capable of benefiting either contracting party then the look at Alan & Co Ltd v El Nasr Export and Import Co (1972) 2 QB 189. If the variation only favours one of the parties then the agreement is not supported by consideration.

For example a creditor who agrees to accept part payment of a debt in discharge of the entire debt. As this only benefits one of the parties it is therefore unsupported by consideration

4743hudsonj

Vomityspice wrote: »

Not really clear what you are actually after but here goes....

For details of the subject of counter offers Hyde v Wrench (1840) 3 Beav 334 should guide you in the right direction.

If your last statement is the question then:

When a variation is capable of benefiting either contracting party then the look at Alan & Co Ltd v El Nasr Export and Import Co (1972) 2 QB 189. If the variation only favours one of the parties then the agreement is not supported by consideration.

For example a creditor who agrees to accept part payment of a debt in discharge of the entire debt. As this only benefits one of the parties it is therefore unsupported by consideration

i kind of asked two slightly varying questions and you answered both so thank you!

i was along that thought anyways, i just needed to confirm it, before i tackle this beast! keep the coffee pouring!:T

Vomityspice

I'll leave you to it :-)

I have solicitor's accounts exam in the morning!

Fun fun!

4743hudsonj

Vomityspice wrote: »

I'll leave you to it :-)

I have solicitor's accounts exam in the morning!

Fun fun!

i just have a double entry book keeping accounts exam tomorrow

not so hard though lol

i took as law way back, didnt think much to it tbh (in terms of interesting me) apart from contract and tort.

gordikin

4743hudsonj wrote: »

I can type properly if I wish too. In fact, I am required too for assignments and dissertations. I just choose not too, with a far more relaxed style on here due to it being an informal forum.

As for your statement on qualifying; my assignment is part of a contract law module in Business (HONS), so no qualifying.

Choose not too? (sic?..you do struggle with that 2/3 letter word) by all means...but if you get basic grammar wrong what message does that send out to your clients?

Hintza

gordikin wrote: »

Choose not too?

We are just not worthy of any effort..........:(