1. Mid Term Presentation of Contract law-I
Group members
1. Erum Fatima Bl#1552
2. Sajjad Ali Bl#1471
3. Mohammad Shoaib Bl#1448
Section A
Presented to Sir Tausef Iqbal
3. Case Law
Council prepared brochure how council tenant can purchase houses?
Council sent copies to interested tenants. Mr. A completed form in
brochure and sent to council asking for price as well. Council told
the price and asked to apply separately on separate form. He applied
without mentioning price and asked about repair of path his house.
Council informed him and he asked council to continue with his
application. Council excluded the house from the list. Political party
changed and new government changed policies expected for
contract already done. The trial and appellate court held it’s a
contract but Supreme Court held no contract concluded as such.
4. Who are the parties?
The wrongdoer is called the ‘Defendant’ or ‘Respondent’, while, the Victim is
called the ‘Claimant’ or ‘Plaintiff’, during Court Proceedings.
In this case law, Mr.A is a victim (Claimant or Plaintiff)
And, Council is a wrongdoer (Defendant or Respondent)
5. Breach caused damages…
Breach of the contract:
Legally, one party's failure to fulfill any of its contractual obligations is known as a
"breach" of the contract.
The council breach their responsibility and for not making sure about repairing of
any house or building damages.
The council excluded that house from the list by not letting him know.
This breach cause damages to plaintiff or victim.
6. Express Contract:
The promises are communicated by language, either oral or written.
Example:
Ali promises to paint Ahmed’s car in return for Ahmed’s promise to pay him $100.
In this type of contract there is no requirement that a contract be in writing.
7. Damages suffered By victim…
Mr. A (victim) suffered damages because:
Council told the price and said him to apply separately on separate form. He applied
and pay the price but the council excluded that house from the list which means he
also lost his money.
Council doesn’t repair the path of his house.
That means plaintiff suffered financial damages.
8. Victim’s claim for the damages…
1) Compensatory Damages:
Compensatory damages (also called “actual damages”) cover the loss the non
breaching party incurred as a result of the breach of contract. The amount
awarded is intended to make good or replace the loss caused by the breach.
2) General Damages:
General damages cover the loss directly and necessarily incurred by the
breach of contract. General damages are the most common type of damages
awarded for breaches of contract.
9. 3) Punitive Damages:
Punitive damages (also called “exemplary damages”) are awarded to punish
or make an example of a wrongdoer who has acted willfully, maliciously or
fraudulently. Unlike compensatory damages that are intended to cover
actual loss, punitive damages are intended to punish the wrongdoer for
egregious behavior and to deter others from acting in a similar manner.
Punitive damages are awarded in addition to compensatory damages.
10. Defenses…
The defenses that the plaintiff can use for damage…
1) Performance of the contract has become impossible or the purpose of
the contract has become frustrated.
2) The contract lacks consideration.
2) The contract contains a unilateral mistake that was material to the
agreement and the other party knew or should have known of the mistake.
11. No Evidence…
The offer was not replied properly.
Thus, the tenant was not considered for the entitle men.
It was not clear as to when the offer transferred into a legal contract.
There was no any evidence for agreement which might be considered as
Binding.
12. Court Decision…
Supreme Court held it is not a contract because of following possibilities:
1) The tenant didn't comply with the formalities regarding the offer.
2) Although the price was mentioned in the form yet the tenant didn't
mention it in his reply of the form.
This is why, the council excluded his request for the house. Therefore, no
any agreement was signed and no contract was entered into.
