The Between Bruce And Matilda 's Home

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ISSUES: In the scenario given, we need to establish whether a formality of a contract has been formed between Bruce and Matilda’s home in regards to Bruce’s request for the landscaping services for his premises. We can identify that there are three main legal issues that arise and these are; firstly the injury Bruce encounters when the work has finished. The negligent work done to the property that causes damage and Bruce loses time and profit because of this, creating a second issue. Finally, the breach of contract in regards to the failure to complete the work as agreed. The main concern in this case is that Matilda’s Home have created five exclusion clauses within their contract to exclude or limit their liability for breach of…show more content…
Therefore we will look into both parties in a “ business liability” context if a contract is present. LEGAL APPLICATION TO THE ISSUE; COMMON LAW A valid contract needs to exist in order for Bruce and Matilda’s home to be bound, meaning four requirements have to be fulfilled. Therefore the elements required for a valid contract are; offer, acceptance, consideration and intention to create legal relations. These off course are all present in this contract when Matilda’s Home offers their services and Bruce accepts in a written form contract. An intention is also present because of the arrangement that Matilda’s Home will turn up on a particular day to work and that the Psychic Café will be closed by Bruce so the work can commence, which is an indication for consideration placing Bruce at a detriment. We can therefore identify from the above that there is a valid contract. Hence that, we would need to explore the exclusion clauses laid down by Matilda’s and whether they apply to Bruce, as he has never worked with Matilda’s Home before and at the verbal contract point, Matilda’s do not indicate what their terms
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