LAW121: Ms Lola Styne Case Study - Lola's Boutique - Law Assignment Help

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Introduction 

Ms. Lola Styne, the owner of Lola's Boutique, is alleged to be in breach of contract with her client, Peter Piper, on the basis that she refuses to pay money paid by Peter for an antique shelving unit. She is, however, not convinced that she should pay back Peter Piper, as she does not acknowledge their transaction as that bound on contractual terms. 

Materials Facts 

On 19th December 2019, Mr. Peter Piper came to visit your shop which is called Lola’s Boutique in Sunderland after he saw an advert placed by you in the metro train for an antique Pine wardrobe selling at 25% off the actual price of two thousand nine hundred and fifty pounds (£2950.00). After Negotiations between yourself and Mr. Piper, you then sold Mr. Peter Piper the aforementioned Pine wardrobe for the sum of One thousand eight hundred and thirty seven pounds and fifty pence (1,837.50) and it was agreed that the sum would be paid in full. 

After returning home, Mr. Peter Piper then claimed to have found the exact pine antique wardrobe online which sold significantly less than the one he bought from you. He claims that while looking through the internet, he found a similar wardrobe selling at one thousand five hundred pounds (£1,500.00). He also claims that the wardrobes have the same dimensions, as well as the same year of manufacture.  To support his claims, Mr. Peter Piper brought photographic proof showing the similarities between both products to you. 

A report from Patrick Wrightson, the solicitor acting on the case, accuses Ms. Styne of failing to pay Peter Piper for the furniture. In light of the last phone made with Ms. Styne, she confirms that all the information regarding her refusal to pay Peter Piper is correct. Responding to this accusation, she believes that she is not obliged to pay him as per the contract. Whereas the intent is clear, she does not approve of these terms and conditions for her business, and as a result, she cannot accept what she does not support.

Contract Terms 

An offeror poses the contract offer to the offeree, who, upon accepting the offer, binds the contract.  

  • Goodrich, P, 2017, P. 87-102  

Adams vs. Lindsell is a practical example that resonates with Ms. Styne's case. The offeror makes the offer to the offeree and cannot proceed without the consent of the offeree. To bind this contract, acceptance needs to be to the offeree, and the terms defining the contract be a match. 

  • Hughes et.al,2015,P 
    Smith vs Hughes argues that a person ought to behave in a certain manner as though to suggest they agree with terms given in an offer and thus approving acceptance of it to enter into a contract. 

Capacity to make a binding agreement 

The relationship with Peter can be contractual if there is a full understanding of the terms, and both parties are comfortable. For Ms. Styne and Peter Piper, there is a capacity to enter into a binding contract, based on their previous business transactions. Looking at the accusation, we cannot entirely rule out that she never dealt within a contractual parenthesis. The law only acts to reinforce what policies the two have agreed on, which ones to embrace or discard. For them to bind the contact, though, there must be mutual consent from both parties concerning the same. In as much as there is a capacity to bind their agreement, Ms. Styne believes that she has no idea about the issue.  

Breach of Contract 

In our case, one party feels obliged to be paid on the basis that the other party accepted the terms of the offer leading to a contract. Looking at the accusation, we cannot entirely rule out that you never dealt within a contractual parenthesis. When the offeror (person making the contract offer) presents the offer to the offeree (person accepting the offer), the offeror may continue in the manner as to assume a contract is bound if he is aware of the approval of the other party to his proposal. It is treated as a case of breach of contract when Ms. Spyne and the following are the results from a breach of contract;  

Damages caused  

  • Cassar et al., 2015. After the breach of a contract, financial losses are inevitable. Peter Piper believes that by all means, he deserves reimbursement (repayment) for the money he paid for the antique shelving unit. Failure to this, he terms it as a breach of a contract.  

  • Ganglmair B.2017. The doctrine of contract breach is about compensation for losses incurred and strong accompanying evidence of the existence of a contract for that regard.   

 

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