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 ASSIGNMENT:

Topic: “Kinds of contract”

Learning Objectives:

                         

To understand the kinds of contract according to enforceability

 

To help understand the importance of a valid contract

 

 

Learning Outcomes:

After completion of this case based learning assignment, learner will be able to:

                         

Differentiate between all types of contract

 

Learn how each kind of contract has independent legal consequences with regard to formation, enforceability or performance.

 

The Case:

Spice Girls (a group of 5 girls) were interested to go on a tour to England but they don’t have money for that. For this purpose they decided to enter into a contract with a car manufacturer Mr. Ahmad under which he agreed to sponsor the Spice Girls' tour in return for his promotional work. The contract was duly signed on 6th May 2011. Suddenly Sahar Naseem left the group on the 27th May of that year. Further Ahmad discovered that Sahar already informed the other members of the group of her decision to leave them prior to the signing of contract. Mr. Ahmad claimed in the court that they had been induced to enter the contract by a caricature.

Finally it was apprehended by the Court on the appeal of Mr. Ahmad that the Spice Girls had made a falsification by conduct in that all of the members participated in a commercial photo shoot at considerable cost of Ahmad, even so at a time when they knew that one of their members was to leave.

The Requirements:

  1.  

You are required to discuss the status of contract between both the parties and also its legal implications. Marks 10

 

As a student of business and labour law, discuss the point of alterations between fraud and misrepresentation. Give at least five points. Marks 10

IMPORTANT:

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REFERENCING GuIDELINES:

                         

Use APA style for referencing and citation. For guidance search “APA reference style” in Google and read various website containing information for better

 

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Replies to This Discussion

nahi yeh tu change case hai

its simple a fraud case as by having a look on these point :

a promise made without any intention of performing it; fraud.

Mere silence is not always a fraud but when it is the duty to speak than silence would lead to fraud.

.....

so the status of the contract is breached (broken) .....

now i want to know what will be the legal implications under this breached contract ?? Could any body give a little bit guidance ??

mujeh lagta hai party pe compensation (penality) charge hogi yeh dekho

go to page number 87

however, with great submission, that the intention which is material is not that with which the contract is broken, but that with which it was made. Parties can undoubtedly make any term essential or non-essential; they can provide that failure to perform it shall discharge the other party from any further duty of performance on his party, or shall not so discharge him, but shall only entitle him to compensation in damages for the particular breach. Omission to make the intention clear in this respect is the cause of the difficulties, often considerable, which the Courts have to overcome in this class of cases.

i think court mister ahmed ko compensation dilaygi , kiyoo contract break tu hua hai naa, fraud pe penality tu lagti hai naa yeh dekhen.... jab ik girl ne sab ko bta ky contract ko leave kia tu kiyoo commercial photo shoot kie gye woh bhi mister ahmed ki cost pe, 

mere khyal men yehi hoga ky legal implication men party ko penality compensation lagegi or sari cost wapis ki jygi mister ahmed ko or agr woh nahi maante tu unko contract her haal men pora krna hoga yeh bhi likha hai handouts men , mene bht read kia hai internet pe bhi , misrepresentation nahi hoskta yeh kiyoo ky sab ko sab kuch pta tha...

iam satisfied but men idea chahti ky kia koi or bhi yehi kehta hai jo emn keh rhi , koi bhi case pore handouts men is jesa nahi hai...mene sab padha hai, 

ya 5 girlzz ka plan tha kay contract karnay baad tum leave kr jana ....

well still confused...

breach ov contract???? is it so????

i dont knw wat will be its legal implications specifically in the case of fraud... 

if it took to the court its remedy may be in form monetry damages...

i think so

yes iam also confused :(

pehly mujy koi ye batai ye contrct kn sa hai

yar ye point of alterations between fraud and misrepresentation kahan sy millain gi? koi idea do bachoo.

ma nay net pe search ki tou mjhe ye problem mili jo same hamari assignment jesi hai es may misrepresentation mention hai read

Spice Girls Ltd v Aprilia World Service BV [2002] EWCA Civ 15

Misrepresentation – representation made by conduct

The claimants, the Spice Girls, entered into a contract with the defendant motorcycle manufacturer under which the defendant agreed to sponsor the Spice Girls' tour in return for promotional work. The contract was signed on 6 May 1998. Geri Halliwell left the band on 27 May that year. The defendant discovered that Halliwell informed the other members of the group of her decision to leave prior to the signing of the contract. The defendants claimed they had been induced to enter the contract by a misrepresentation. The claimants denied misrepresentation.

It was held by the Court of Appeal that the Spice Girls had made a misrepresentation by conduct in that all of the members participated in a commercial photo shoot, at considerable cost to the defendants, at a time when they knew that one member was to leave. They also engaged in other conduct, such as the supply of logos, images and designs, which included the five Spice Girls, which also amounted to misrepresentation.

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