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    Case Study on Facing Damages Through Mental Distress

    University: Griffith University

    • Unit No: 2
    • Level: Undergraduate/College
    • Pages: 13 / Words 3231
    • Paper Type: Essay
    • Course Code: LAW 1510
    • Downloads: 349
    Question :

    This assessment will cover following questions :

    • Explain the rules in the English contract law in the context of laws relating to claiming damages for mental distress.
    • What are the rules in English contract law in case of breach of contract.
    Answer :

    INTRODUCTION

    Contract law refers to the body of law which is mainly imposed in respect of securing the rights of the parties during entering into any contract. To enter into the contract, it carries various essential such as parties must be competent to handle the contract, or they mutually agree with all the terms and conditions, the agreement must be based on some consideration and also in case of breach committed by any of the parties, the valid condition are imposed in respect of compensation paid to plaintiff by the defendant (Beale and et.al., 2019). In this essay report, the case is relating to facing damages either through mental distress in respect of breach committed through any of the transaction.

    MAIN BODY

    Contract laws are mainly applied in respect of securing the rights and valuable things of the parties in relation to entering into any agreement which is legally bound on parties to follow it. As all agreements are formed to be the part of the contract but all contract are not agreements. To enter into the parties there are certain and condition which the parties are bound to follow it and then only it results to be the valid contract (Knapp, Crystal and Prince, 2019). In relation to valid contract, the parties must be competent to handle the contract and also all the terms and condition are mentioned under the contract regarding dealing in particular activity. The contract is valid if it is based on some consideration money or exchanges of some valuable things.

    In English contract various terms and conditions are mentioned under the contract applicable law, 1919 in which it is legally enforceable upon the law regarding meeting and achieving the objectives which is decided by the parties before entering into the contract. In this essay the description is undertaken regarding the overview of the contract law. It also examines the damages which is faced by the parties regarding breach in any of the conditions which is mentioned in the contract. The issues are committed regarding not following the terms and condition which is decided by both the parties when they are legally bound to follow the agreement.

    In respect of undertaking the matters which is related to doctrine of contract law is relating to the legal principles which is mentioned in contract that it is bound upon the parties who enter into the agreement. As this is one of the basic principle of the contract law that no other parties can sue who not enter into the contract as the terms and condition are legally bound upon the parties who enter into the contract. Thus, in case of doctrine of privity of contract, this is mainly imposed in respect of the securing the right of third person who is not the part of the contract (Austen-Baker, 2017). As the rules which are mentioned under the contract act is not bound upon the parties who not enter into any of the agreement with any of the parties. In context of rules which is mentioned under the contract law is that the contract is carried with the agreement which is made between the parties, and they are legally bound to follow it till the set completion of date. The rule of contract law is said that when two or more person entered into the business they signed the agreement regarding following the terms and conditions.

    In respective of undertaking the principles of contract, it carries various perspective such as in case of agreement if one party offers some valuable things to another party and in return the another party accepts such offers, they agree to enter into the agreement in exchanges of some valuable things or consideration. Consideration mainly refers to the promise which is made by parties regarding following the agreement in better way. The another principal states that both the parties are competent to handle the matters in right matter as the person are exempted under the contract who not attains the age of majority or who is mentally of physically challenged in accomplishing the contract or the person convicted by court regarding committing any such offences.

    In terms of contract, consent between the parties is necessary regarding taking any actions such as in case of facing any issues regarding contractual negotiation, this decision is to be agreed between both the parties (Zhang, 2019). The consent is to be undertaken in respect of breach committed by any of the terms which is mentioned in contract. The issues relating to the under influences or mistake or misrepresentation is identified that the compensation is already decided by the parties who committed breach with other party. This is supported with the case study of the Robinson v Harman (1848) 1 Ex Rep 850 in which the matters stated with the losses of damages in respect of not completing the contract as per the decided facts. As the rule is imposed in contract regarding not performing the contract than it is the duty of the plaintiff to demand compensation for the damages which they occurred in respect of not performing the contract (401. ROBINSON V HARMAN (1848) 1 EX 850, 2018).

    In context of the contract issues which occurs through not familiar with the facts which is mentioned in the contract or also manipulating any of the information or the terms which is the basic priority of the parties to understand it. The issues also raised in respect of not keeping the confidentiality and privacy regarding the terms which they mentioned in the contract. The another issues which is faced in contract is relating to not appointing the lawyer to whom they can refer the cases in respect of facing any such issues in following the terms of the contract. As usually the contract which are written are legally binding but the contract which is made orally are also binding upon the parties either through email or approval of any offers or promise made to follow it. Thus, in respect of not performing the contract orally, than the issues is raised regarding violation of the terms of the contract.

    Thus, after undertaking the aspects relating to the issues which is faced by parties during entering into the contract, it examines the aspects regarding forming the contract. In such manner the contract is formed in respect of undertaking three major aspects such as offer, acceptance and consideration. It is necessary that contract must be valid and according to the terms which is mentioned in the contract act. Contract is generally made regarding sale or purchase of any goods or services or by offering any products and such contract must be made either oral or written format (Campbell, Mulcahy and Wheeler, 2017). It is examined that before entering into any agreement, the parties must fulfilled all the terms and condition which is mentioned in the contract law sample regarding carrying the valid contract. In respect of formation of contract it is supported with the case study of the Adams V Lindsell (1818) 106 ER 250, in this case the matters is related to selling the wool and the acceptance is to be given through the letter which is to be sent by post. In respect of not accepting the contract within the set stipulated time period, it results in invalid of the contract (Adams v. Lindsell, 2020). The contract is made through communication and also offer is made regarding purchasing of wool but the acceptance is delayed within the set time, thus it results in not binding upon the parties to follow the contract.

    Implication which arises in contract is relating to performing the contract by both the parties who enter into the agreement. If one party perform the duty and the other party not perform the duty with the set norms, then it results in committing breach in terms of the contract. The another implication which arises is relating to exchanging some monetary terms or other valuable things during entering into agreement (Cartwright, 2016). It can be in any form such as cash, goods, services or any pledge which is to be exchanged with these items. Thus, in respect of not implying the terms of the contract in right way, it results in showing the void contract. The situation in which the contract can be void is relating to the contract which is illegal or against the public policy. As the terms which are mentioned under the contract are difficult to understand and also the terms are impossible to fulfil. In contract the fraud is committed between the parties regarding not disclosing the relevant information which is necessary in fulfilling the contract. It is also undertaken that contract is said to be void if they are entered with lack of consideration which is one of the necessary elements to enter into the contract.

    The matters related to contract obligation stated that the parties which offers the services or valuable things to other party is obliged to perform the duty on true bases and the other party who undertaken the duty must be liable to give accurate results. Thus, in such manner the legal obligation which is assigned by the parties under the contract law is to be followed according to the set instruction and guidances which make the contract valid and effective. Under the aspects of obligation as every party had different aspects to perform the contract, some parties believe that the contract is run as per the set term or condition or some feel that contract is made in keeping the third party views (Khorooshi and et.al., 2017). This is beneficial in case of facing any disputes in contract, the decision of third party is undertaken to advice the accurate decisions. By undertaking the legal obligation, the conflict arises between the parties in respect of not fulfilling the contract with the set time or any breach is committed in respect of not disclosing the relevant information.

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    Parties mainly put some condition in contract regarding securing themselves from breach committed from any sides. Thus, the chances of breach are mainly raised in respect of contract is formed and agreed to be carried within the set time limit (Graziano, 2019). As contract is legally bound by the court and also various laws are imposed in securing contract from violation in any of the terms. Thus, breach is mainly considered to be the civil wrong which is liable to be penalized under the contract act and it carries various classification such as breach of warranty, breach in condition or breach committed through any intermediate terms.

    As breach in condition reflects the most important terms in which the defendant not fulfil the terms or condition which is mentioned in contract. In that case the plaintiff can claim the damages for the losses incurred. This is one types of mental stress which is incurred by plaintiff regarding facing losses if the defendant neglected or refuse to follow the terms mentioned in contract. This is supported with the case study of the Poussard V spiers (1876) 1 QBD 410, this case stated that Madame Poussard entered into the contract with the Spiers regarding performing the opera for three months. She became ill and for first five days she not performed the opera which resulting in removing her from contract. Through this manner, it examines that she committed breach in condition, regarding not following the terms which is mentioned in contract (POUSSARD V SPIERS: 1876, 2020). As the judgment raised in respect of not ending up the contract but with the set condition which is mentioned in contract, the first five days are very crucial as lot of celebrity and top visitors are visiting to listen opera singers. Thus, the presence of the Poussard is necessary to attend the opera night at that particular time period.

    The another breach which is examined in respect of giving rise to the mental illness is relating to the breach in warranties. It is the minor terms which if occurred in contract resulting to paying damages for the losses incurred but it not result to ending of the contract. If the plaintiff feel that there is breach in warranty in contract, they can demand the compensation for the losses incurred but not dissolve the contract with any of such terms (De Franceschi, 2016). It gives rise to mental stress as if affects the rights of the parties is respect of not fulling the contract or any of the promise which is liable to be fulfilled within the set contract. It is examined through the case study of Bettini V Gye (1876) QBD 183 in which the case is relevant to the performing the contract as per the promise committed in respect of performing it. As Bettini agreed the terms which is mentioned in contract regarding performing the opera singer for three months. She became ill and missed the rehearsal for three months (BETTINI V GYE: QBD 1876, 2020). The owners of the contract decide to remove Bettini from the contract and replaced it with another persons. In such case the judgment is raised regarding not ending up the contract as missing rehearsals not indicates that the contract must be end up. Through this manner, the stress indicates in respect of loosing jobs due to illness.

    The another breach through which damages are to be identified is relating to Innominate terms as this is such types of breach which is not covered under the condition or warranties. It mainly carries the particular time limit which is to be set in respect of performing the contract and the issues is raised regarding not fulfilling the terms within the set time period. The damages which the plaintiff may occurs through undertaking this breach is related to the stress and incompetencies regarding accomplishing the targets within the set time period. This statement is supported with the case study of the Hong Kong Fir shipping V Kawasaki Kisen kaisha [1962] 2 QB 26, this case stated that in these aspects the breach was committed regarding not delivering the services within the set time limit (Hong Kong Fir shipping V Kawasaki Kisen kaisha [1962] 2 QB 26, 2017). As nothing is mentioned in the contract regarding the defect which occurs in ship engine during the time of delivery. Thus, it reflects the breach of contract under the Innominate terms. The impact of mental illness through these aspects occurs in relation to not getting timely delivery of the orders or the contract which they entered getting further delivery is not to be ascertained within the set time period. Thus, in such manner the damages had to be incurred by the parties regarding not getting timely delivery. In that case the decision is raised regarding repudiate the contract which is to be made by again keeping contractual obligation in mind and it is to be completed within the relevant time.

    These refer to be the major damages which is faced by plaintiff and also the mental distress occurs regarding undertaking the matters such as not getting timely delivery or not fulfilling the terms or condition or not maintaining confidentiality in contract. Through this manner the issues are raised regarding anxiety, depression or trauma which affects the mental condition of the people (Heidemann, M. and Lee, 2018). In case of compensatory damages, the losses are incurred to the plaintiff regarding losses in property or negligent in medical care which is occurred through defendant misconduct. This is presented in case study of Ruxley Electronics and Construction Ltd V Forsyth, in this case the issues is raised regarding not constructing the pool as per the set norms and also money is decided in respect of performing the contract as per the given guidelines (RUXLEY ELECTRONICS AND CONSTRUCTION LTD V. FORSYTH [1995] 3 ALL ER 268, 2015). Thus, Forsyth claimed the breach regarding loss of amenity which reflect the compensatory damages of income.

    Another damages are examined in relation to the general damages which not carries the major impact in context of the compensatory damages. In this, it carries the damages relating to pain, suffering any perspective or inability to perform any such function which is mentioned in the contract. In case of Farley V Skinner [2001], this case reflect the issues which is faced by Skinner regarding the aircraft noise. As this reflect the mental illness of the Skinner regarding facing intolerable noise from aircraft at 6am (FARLEY V SKINNER: HL 11 OCT 2001, 2020). After claiming the suit against such aspects, the judgement is given in respect of not having major damages and thus, the settlement is done by general damages in respect of awarding £10,000 for distress and discomforts to the parties.

    The next damages which is examined is relating to the punitive damages in which serious consequence is faced by the plaintiff regarding any misconduct activities committed by defendant. This largely affects the metal illness in respect of causing harm by not fulfilling the condition imposed in contract. In case of Watts V Morrow [1991], the issues is raised regarding negligent in surveying or showing the accurate information of their research. As plaintiff purchase the property regarding viewing the judgement of the defendant about the purchase of building. But after getting repair of such building, it is identified that it carries higher expenses to manage the building (WATTS AND CO V MORROW: CA 30 JUL 1991, 2020). Thus, the damages are raised under the punitive category.

    Thus, in these aspects, the statement which reflect the situation that under English contract law, the claim for damages regarding mental distress are not clear is not agreed. As various laws and regulation are clear under the contract law regarding the damages which is paid by the defendant in respect of not performing the task in right way (Beale and et.al., 2019). As various damages are examined in this essay in which the impact of mental occurs regarding not accomplishing the task within the set time limit. Thus, in this report it is examined that it carries various structure in respect of filling suit.

    As the contract is formed when one party offer some valuable thing to other partway and other party accepts such things. They enter into the agreement in context of some consideration and must be legally bound by the court to follow it. If any of the parties not fulfil any of the terms it results in committing breach in contract.

    CONCLUSION:

    From the above report it is concluded that damage occurs through breach in any of the terms which affects the health and mental illness of the parties resulting to be recovered from defendant. This results in giving rise to legal argument in writing regarding imposing laws and regulation in respect of securing the right of the parties during the existence of the contract under the contract act.

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