Case Study on Facing Damages Through Mental Distress

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 are 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 were also raised in respect of not keeping confidentiality and privacy regarding the terms that they mentioned in the contract. Another issue that is faced in a 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 usual, the contracts that are written are legally binding, but the contracts that are made orally are also binding upon the parties either through email or approval of any offers or promises made to follow them. Thus, in respect of not performing the contract orally, the issue is raised regarding a violation of the terms of the contract.

Thus, after undertaking the aspects relating to the issues that are 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 the contract  be valid and according to the terms that are mentioned in the contract act. A contract is generally made regarding the sale or purchase of any goods or services or by offering any products, and such a contract must be made either in oral or written format (Campbell, Mulcahy, and Wheeler, 2017). It is examined that before entering into any agreement, the parties must fulfill all the terms and conditions that are mentioned in the contract law sample regarding carrying the valid contract. In respect of the formation of a contract, it is supported by the case study of Adams v. Lindsell (1818) 106 ER 250; in this case, the matter 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 invalidating the contract (Adams v. Lindsell, 2020). The contract is made through communication, and also an offer is made regarding the purchase of wool, but the acceptance is delayed within the set time, thus it results in not binding upon the parties to follow the contract.

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

The matters related to contract obligation stated that the party that offers the services or valuable things to another party is obliged to perform the duty on a true basis, and the other party who undertakes the duty must be liable to give accurate results. Thus, in such manner, the legal obligation that is assigned by the parties under the contract law is to be followed according to the set instructions and guidance that 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 the contract is made in keeping with the third party views (Khorooshi et al., 2017). This is beneficial in case of facing any disputes in contract; the decision of the third party is undertaken to advise 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.

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

A breach in condition reflects the most important terms in which the defendant does not fulfil the terms or condition that are mentioned in the contract. In that case, the plaintiff can claim damages for the losses incurred. This is one type of mental stress that is incurred by the plaintiff regarding facing losses if the defendant neglected or refused to follow the terms mentioned in the contract. This is supported by 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 the first five days she did not perform the opera, resulting in her being removed from contract. Through this manner, it examines that she committed a breach of condition regarding not following the terms that are mentioned in the 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 the contract, the first five days are very crucial as a lot of celebrities and top visitors are visiting to listen to opera singers. Thus, the presence of the Poussard is necessary to attend the opera night at that particular time period.

The other breach that is examined in respect of giving rise to the mental illness is relating to the breach in warranties. It is the minor terms that, if occurring in the contract, result in paying damages for the losses incurred but do not result in the ending of the contract. If the plaintiff feels that there is a breach of warranty in the contract, they can demand 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 it affects the rights of the parties in respect of not fulfilling the contract or any of the promises that are 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 performing the contract as per the promise committed in respect of performing it. As Bettini agreed to the terms that are mentioned in the 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 replace it with another person. In such a case, the judgment is raised regarding not ending up the contract, as missing rehearsals do not indicate that the contract must be ended up. Through this manner, the stress indicates the loss of jobs due to illness.

Another breach through which damages are to be identified is relating to innominate terms, as this is such a type of breach that 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 are raised regarding not fulfilling the terms within the set time period. The damages that the plaintiff may incur through undertaking this breach are related to the stress and incompetencies regarding accomplishing the targets within the set time period. This statement is supported with the case study of 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 that occurs in the 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 that they entered; getting further delivery is not to be ascertained within the set time period. Thus, in such a manner, the damages had to be incurred by the parties regarding not getting timely delivery. In that case the decision is raised regarding repudiating the contract, which is to be made by again keeping contractual obligations in mind and is to be completed within the relevant time.

These refer to the major damages that are faced by the plaintiff, and also the mental distress that occurs regarding undertaking the matters, such as not getting timely delivery, not fulfilling the terms or conditions, or not maintaining confidentiality in the contract. Through this manner, issues are raised regarding anxiety, depression, or trauma, which affect the mental condition of the people (Heidemann, M., and Lee, 2018). In the case of compensatory damages, the losses are incurred by the plaintiff regarding losses in property or negligence in medical care that occurred through defendant misconduct. This is presented in the case study of Ruxley Electronics and Construction Ltd. v. Forsyth. In this case, the issues are raised regarding not constructing the pool as per the set norms, and money is also 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 reflected the compensatory damages of income.

Another damages are examined in relation to the general damages, which do not carry the major impact in the 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 the case of Farley v. Skinner [2001], this case reflects the issues faced by Skinner regarding the aircraft noise. This reflects 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 that are examined relate to the punitive damages in which serious consequences are faced by the plaintiff regarding any misconduct activities committed by the defendant. This largely affects the metal illness in respect of causing harm by not fulfilling the condition imposed in contract. In the case of Watts v. Morrow [1991], the issue is raised regarding negligence in surveying or showing the accurate information of their research. As plaintiff purchased the property regarding viewing the judgement of the defendant about the purchase of the building. But after getting repair of such a 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 that reflects the situation that under English contract law, the claim for damages regarding mental distress is not clear is not agreed. As various laws and regulations are clear under the contract law regarding the damages that are paid by the defendant in respect of not performing the task in the right way (Beale et al., 2019). As various damages are examined in this essay, the impact of mental illness 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 party 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 damages being recovered from defendant. This results in giving rise to legal argument in writing regarding imposing laws and regulations in respect of securing the right of the parties during the existence of the contract under the contract act.

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