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The Dan And Jacob For Their Wedding Cake Samples For Students

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Question:

Is there any “condition or warranty” in the terms agreement between Mikaeala and Kimiko, regarding the icing colour ?
 
 

Answer:

Introducation

An agreement which is enforceable by the courts of law are termed as contract. A contract comes into existence only when one party makes an offer to another party, and the other party accepts the offer by giving it its approval without any undue influence[2]. For a contract to be valid there should be-

  • An intention should be there to create a legal relations
  • There should also be an offer, made by one party to another
  • Once the offer is made there has to be approval from the other party known as, acceptance
  • There has to be some kind of benefit given to another party which is termed as, consideration
  • The parties should also have the capacity to make contract. This means that the parties to a contract should be above the age of 18 years and of sound mind.

A contract is of two type, expressed[3] contract and implied contract. An expressed contract is a contract where the terms of the contract are stated either orally or in writing whereas in an implied contract the terms and conditions of a contract are not always mentioned in writing, sometimes they are understood. The parties to a contract always discuss the type of contract they have made and have to abide by the terms and conditions of the contract. Every contract lays down different terms and conditions. The parties before they enter into a contract, they will make a number of offers to the other party encouraging them to accept the offer and enter into the contract. In case of any dispute between the two parties they have to be obliged under the term and conditions that are mentioned in the contract. When the agreement between the two parties have been noted down in writing and are signed by the parties  it forms a contract, which then becomes legally binding. In the case, Bath V. Bath 659 N.E.2d 559 (1995) it was stated, that the term of contract must be obvious and reasonable and also the terms have to be clearly expressed.

Implied terms of a contract are enforced by customs[4] and statutes. Under custom they are those terms that are used very often, we come across them in our day to day lives. We can explain this with the help of this case law, Liverpool City Council V. Irwin in this case, there were permitted implied terms that had to be abided by the parties. When the contracts are formed they have clear and reasonable mention of the terms and conditions of contract the parties have agreed to. In this case the seller sold his cycle to the buyer in return or exchange of a consideration which was in the form of money.

 

The term of a contract can further be classified into:

  • Condition, and
  • Warranty

Contracts are often in oral or written form, one being more essential than the other. The ones which are little more essential are called as “conditions” it is on the basis of these conditions that a contract purely exists and the one which are less essential are called “warranties”. Parties can not enter into a contract where there are no conditions. Conditions[5] form an essential part of the contract. If any party does not abide by the terms of the rules and regulations of the conditions laid down in a contract, the contract can be terminated. And will be known as “void or voidable contract”. In case, there has been a breach of any warranty in a contract, the party who is liable for the breach will have to compensate the other party for the damages caused in the form of money. The court will therefore take into consideration all the circumstances before deciding whether the term was a condition or a warranty, it will go through all the essential[6] elements laid down before the court and conclude what it thinks fit. The court will not merely decide whether it is a condition or a warranty on the basis of what the parties call it.

In the law of a contract there are various acts the work to protect the interest of the consumers, through the Parliament. Condition or warranty cannot be decided with the help of Common law only.  

 

Application

In this situation, where Mikaeala had called Tower Flour, a place from where she always bough her ingredients for her cake shop and spoken to Ricky for placing her order. She had further inquired[7] from him that if there almond flours were gluten free as most of her clients were demanding gluten free cakes. Ricky on hearing this confirms to Mikaeala that they did posses gluten free almond flour. Mikaeala then agreed to order 40 kilograms of gluten free almond flour .right after their phone call conversation Ricky sent a mail to Mikaeala which had a form stating the type and amount of the flour. Mikaeala confirmed the form. However, there was no mention in the form about the gluten free almond flour.

In an implied[8] term of contract, the following conditions should be there, obviousness, reasonability, and the terms should be clearly expressed. When Mikaeala had spoken to Ricky over the phone she had clearly mentioned that most her clients were demanding only gluten free almond cake and it is that only that she had wanted. Ricky had agreed to have the gluten free almond cake and thus, Mikeala had agreed to place an order only because of Ricky’s conformation. When Mikaeala had placed an order for 40 kilograms of gluten free almond flour it was implied by the terms[9] that what she had wanted. It was clearly expressed by Mikaeala that she only wanted gluten free almond flour; it was very obvious and reasonable that she wanted gluten free almond flour.

 


In the case of Dan and Jacob, who had given an order of their wedding cake to Mikeaela, they wanted her to bake the cake using only almond flour but did not mention anything about the cake being gluten free. Thus, this does not imply to the terms of an implied contract. Mikaeala had also put up a sign board which said, “we accept no responsibility for breach of warranty”. Kimiko had ordered a cake from Mikaeala and had discussed all the details regarding the shape, size and also had made a mention regarding the colour of the icing that should be in blue and purple colour. At the time of delivering[10] the cake, Kimiko found out that the icing was blue and green which made it inappropriate for her event.

As we have discussed earlier about condition[11] and warranty. We are aware of the fact that condition forms an essential part of our contract as compared to warranty. And under this situation the colour of the icing was a condition to a contract. It formed an important part of the contract because Kimiko wanted a certain colour of icing to represent a particular sports team. Hence, Mikaeala will be held liable under this term of contracts. With regard to the sign board put up by Mikeaela in her shop in a prominent place she will still be responsible for her act. There is a breach of contract. In Bolton V Mahedeva (1971) it has been stated that in case of breach of a contract the party because of whom harm, damage or loss had been caused to another party, will be liable to compensate the aggrieved party.

 

Conclusion

In my conclusion I would like to point out that, in the contract between Mikeaeala and Flour Tower the term of contract[12] was implied, as it went without saying that Mikeaela had mentioned to Ricky over their telephonic conversation that her customers’ only wanted gluten free almond flour and Ricky had confirmed her inquiry and only then was the order placed. But in the contract between Mikeaela with Dan and Jacob there was no implied contract, because they had only mentioned almond flour and there was no mention regarding the gluten free cake. Thus, Mikeaela will not be held responsible for any breach of contract. However, in the case of Kimiko, Mikeaela will be held liable for compensation as there is a breach of contract. Mikeaela ignored the condition of the contract as there had to be a particular icing colour on the cake representing a certain football team in their celebration. But Mikeaela failed to abide by the condition of the contract and hence will be liable to compensate Kimiko.

 

Reference List

Appleman, John Alan, Jean Appleman, and Eric Mills Holmes. Excuses for Nonpayment and Defenses to Actions for Premiums. Vol. 5. Appleman on Insurance Law and Practice, 2015.

Bix, Brian H. "Philosophical Foundations of Contract Law. By Gregory Klass, George Letsas, and Prince Saprai (eds.)[Oxford: Oxford University Press, 2014. viii+ 391 pp. Hardback£ 75. ISBN 978-0-19-871301-2.]." The Cambridge Law Journal 74.03 (2015): 619-621.

Burrows, Andrew. "Understanding the Law of Contract in Myanmar." (2015).

Campbell, David. "The law of contract and the limits of the welfare state." The Anxiety of the Jurist: Legality, Exchange and Judgement (2016): 195.

Cartwright, John. Contract law: An introduction to the English law of contract for the civil lawyer. Bloomsbury Publishing, 2016.

Chandler, Adrian. Questions and Answers Law of Contract. Oxford University Press, USA, 2015.

Furmston, Michael Philip. Cheshire, Fifoot, and Furmston's Law of Contract. Oxford university press, 2017.

Golding, Gabrielle, and Joanna Howe. "Book Review: The Contract of Employment by Mark Irving." (2015).McKendrick, Ewan. Contract law: text, cases, and materials. Oxford University Press (UK), 2014.

Paterson, Jeannie. "Money Awards in Contract Law." (2016): 302.

Scott, Robert E. "Text versus Context: The Failure of the Unitary Law of Contract Interpretation." Francis Buckley, The American Illness: Essays on the Rule of Law (2013): 325-326.

Smith, David Chan. "WARREN SWAIN. The Law of Contract 1670–1870. Cambridge Studies in English Legal History. Cambridge: Cambridge University Press, 2015. Pp. 331. $119.99 (cloth)." Journal of British Studies 55.4 (2016): 828-82

[1] Furmston, Michael Philip. Cheshire, Fifoot, and Furmston's Law of Contract. Oxford university press, 2017.

[2] Appleman, John Alan, Jean Appleman, and Eric Mills Holmes. Excuses for Nonpayment and Defenses to Actions for Premiums. Vol. 5. Appleman on Insurance Law and Practice, 2015.

[3] Cartwright, John. Contract law: An introduction to the English law of contract for the civil lawyer. Bloomsbury Publishing, 2016.

[4] Burrows, Andrew. "Understanding the Law of Contract in Myanmar." (2015).

[5] Scott, Robert E. "Text versus Context: The Failure of the Unitary Law of Contract Interpretation." Francis Buckley, The American Illness: Essays on the Rule of Law (2013): 325-326.

[6] Smith, David Chan. "WARREN SWAIN. The Law of Contract 1670–1870. Cambridge Studies in English Legal History. Cambridge: Cambridge University Press, 2015. Pp. 331. $119.99 (cloth)." Journal of British Studies 55.4 (2016): 828-829.

[7] McKendrick, Ewan. Contract law: text, cases, and materials. Oxford University Press (UK), 2014.

[8] Chandler, Adrian. Questions and Answers Law of Contract. Oxford University Press, USA, 2015.

[9] Golding, Gabrielle, and Joanna Howe. "Book Review: The Contract of Employment by Mark Irving." (2015).

[10] Paterson, Jeannie. "Money Awards in Contract Law." (2016): 302.

[11] Bix, Brian H. "Philosophical Foundations of Contract Law. By Gregory Klass, George Letsas, and Prince Saprai (eds.)[Oxford: Oxford University Press, 2014. viii+ 391 pp. Hardback£ 75. ISBN 978-0-19-871301-2.]." The Cambridge Law Journal 74.03 (2015): 619-621.

[12] Campbell, David. "The law of contract and the limits of the welfare state." The Anxiety of the Jurist: Legality, Exchange and Judgement (2016): 195.

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