The essay you wrote to me does not contain the required material and will not give me the passing marks required. The following issues have to be dealt with:
The issues in this question are;
Is there a valid agreement between C and R or not? You prove this by looking at;
· whether there was an offer made and whether there was acceptance
· is there intention to create legal relations between C and R – is it a domestic or commercial agreement? Why?
· Was there consideration between C and R (thinking about past consideration, the invoice for the work after the bridge was built)
Assuming there was a contract –
Does the bridge satisfy the Sale of Goods Act 1979 requirements for qualify and fit for purpose (as set out in the Act)
Can R / We Can Fix It rely on their exclusion clause? Apply the test for incorporation of exclusion clauses and think about s2(1) Unfair Contract Terms Act 1979.
The aforementioned issues have to be analysed using case law and examples. The essay should be in the following format:
Introduction: what a contract is and the key issues in the law scenario.
Rule: Mention case laws to the aforementioned issues
Apply: Apply the case law on the issues
Conclusion: Give a probable conclusion with correct legal advise.
