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Tomagrees to give Ellen private tuition for her Law of Contract examination to heldin eight months time. The fee is £300, of which Ellen pays £25, with thebalance to be paid on completion of the tuition. Tom spends £50 in thepreparation of some pr...
Member rating: No Rating | Words: | Submitted: Mon Jun 06 2005
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Tom agrees to give Ellen private tuition for her Law of Contract examination to held in eight months time. The fee is £300, of which Ellen pays £25, with the balance to be paid on completion of the tuition. Tom spends £50 in the preparation of some printed tuition notes. After two months Tom goes to Spain for a week long holidays at Christmas. Whilst on the holiday he is arrested, having been mistaken for Tim, and detained for two months. On his return he discovers that Ellen has engaged another tutor and is demanding the return of her £25. Tom sues for the balances of the £275. Discuss. How would your answer differ, if at all, if Tom had been detained for careless driving? SUGGESTED ANSWER : In advising Tom it has to be determined whether the contract between Tom and Ellen has been frustrated. And if so what are their...
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