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Contract Law First Assignment
Contract Law First Assignment
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1. In June 2020, David entered into negotiations with James for the purchase of James’ poultry
depot. During negotiations via email James expressed to David that the business earned a
monthly profit of $10,000.00 per month. Four (4) months later David signed the contract but by
this date James’ poultry depot’s profitability significantly declined due to a shortage of chickens
caused by James’ poor management. Two (2) months after operation David has realised that the
business is not what he expected and has informed James of his desire to rescind the contract.
You are an intern at Lammergeier Chambers.
A senior Attorney at Law has requested your assistance to research the law on contracts and
advise him in respect of the following:
i. Whether David is entitled to rescind the contract (use at least one case in support)? (7 marks)
ii. What are the elements of misrepresentation (use at least one case to explain each element)?
(6 marks).
2. According to Lord Devlin in Archbolds (Freightage) Ltd v Spanglett Ltd [1961], the “effect
of illegality on a contract may be threefold.” Discuss (12 marks)
3. Distinguish by use of relevant case law the distinction between an Offer and an Invitation to
treat. (10 marks)
TOTAL: 35 MARKS
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