Saturday, August 24, 2019

English Contract Law situational question Essay

English Contract Law situational question - Essay Example Lastly, this paper will establish whether is a liability on the part of A.com owed to University of Warwick on promissory estoppels. According to the agreement the contract was to be performed by 1 September, 2013. However, A.com created a software that served only five functions but could not manage to create task V. Through the concept promissory estoppels a non-contractual promise that lacks consideration can be rendered executable to prevent an injustice2. The University made an ultimatum of four weeks for the remaining task to be accomplished failure to which the contract would be terminated but A.com wanted more time. A.com had a duty to make sure that the software was complete in four weeks through the non-contractual promise made by the institution that the contract will be terminated if the software is not delivered. Therefore, the University has a right to claim to claim for expense wastage in hiring A.com to develop the software because the company spent 1.5 Million pounds to buy an alternative software after the system that was created backfired. This decision can be similar to the case in CCC Films ( London) Ltd v Impact Quadrant Films Ltd3 the judge allowed the petitioner to abandon its petition for loss of profits at the last phase of the trial and to replace the petition for a claim for expenditure wasted. The interpretation of the judge was that the case as allowing the defendant to provide proof, the burden rested on the case. It was reasoned that part of the expenses would have been consumed in any occurrence since the bargain was often going to be a loss event. The loss in this case was the cost incurred by the University to buy the alternate software and the cost incurred in the compensation of the students for exposure of their confidential information. Besides in this scenario, A.com has a burden to prove that their contract was terminated prematurely and hence amounted to wrongful termination. In spite of

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