StudentShare
Contact Us
Sign In / Sign Up for FREE
Search
Go to advanced search...
Free

The Contractual Matter between Nigella and Ramsay - Case Study Example

Cite this document
Summary
The paper "The Contractual Matter between Nigella and Ramsay" describes that Nigella should sue Ramsay in order to recover the amount owed to her in payment for the tutorials she offered him. The new charges will apply for the period beginning November 2013…
Download full paper File format: .doc, available for editing
GRAB THE BEST PAPER91.4% of users find it useful
The Contractual Matter between Nigella and Ramsay
Read Text Preview

Extract of sample "The Contractual Matter between Nigella and Ramsay"

Contract Law: Case Study In this case study, Nigella had formed an agreement with Ramsay in which Nigella was supposed to teach Ramsay at an agreed cost of £25 per lesson. This contract was supposed to end after Ramsay completes the exam in January 2014. However, in November 2013 Nigella increased the cost of lesson she was offering Ramsay but since Ramsay was desperate for the services he accepted to pay the new rate for tutorials. The rationale for increasing the tuition charges for the services Nigella provided to Ramsay was the fame she had acquired in her career. After completing the exams in January 2014, Ramsay refused to pay her the new charges for the services provided. The discussion of this case study aims to provide the course of action for Nigella in regard to the legal position of this case. This case study presents the contractual matter between the Nigella and Ramsay. There was a valid agreement between the two parties, and consideration for Nigella to Ramsay was the teaching services she promised to offer to him. On the other hand, Ramsay’s promise to pay for the services constituted consideration of Ramsay to Nigella. When parties are in agreement they all have to discharge the obligations they owe each other until the end of the agreement. This implies that Ramsay was entitled to receive services from Nigella until the end of the agreement. However, this appears to carry periodic payments and the imposition of new prices by Nigella to Ramsay resulted to new conditions and that was tantamount to forming a fresh agreement. This implies that Ramsay was bound by the agreement since he agreed to pay even though he would refuse to pay if the examination was near. It is immaterial for Ramsay to decline to pay the additional charges for the services already offered. In Central London Property Trust v High Trees House [1947] KB 130 High Court, the High Trees had rented property from Central London Property (CLP) at a cost of £2,500 in 1937. However, during the world war the landlord was unable to let out all the houses and decided to reduce their value in order to attract new occupants. This compelled the defendant to lower the price of the houses by half in 1940 because there was no sign that the situation prevailing at that time was going to improve in the foreseeable future. By the start of 1941, the claimant started paying the reduced rental charges. However, when the war came to a halt the demand for houses increased hence the landlord reverted to the original rental charges. The case was presented to court, and Denning J issued a ruling that the landlord was obliged to charge the original rental fees only starting the time when the war came to a termination. No way could the landlord claim for the lost value accumulated during the period of war. Therefore, basing Nigella’s case on the case of “Central London Property Trust v High Trees House [1947] KB 130 High Court,” it is apparent that Nigella had right to claim for payment at the new rates as agreed in November. However, she cannot demand to receive payments for the entire tutorials under the new rate. She can sue Ramsay for refusing to pay the added amount for the period it was meant to apply in accordance to the new agreement. It is irrelevant that Ramsay was desperate and wanted to pass the exam. The case in “Tool Metal Manufacturing v Tungsten [1955] 1 WLR 761 House of Lords,” estops Ramsay from failing to pay the amount he owed Nigella. In this case, Tungsten infringed TMM’s patent rights, but TMM requested for compensation in which he was supposed to receive ten percent as royalty and thirty percent as compensation for sales exceeding monthly sales of over fifty kilograms. However, Tungsten could not be able to pay the excess amount during the war and TMM waved the payments during the war. The House of Lords ruled estopped TMM form claiming for compensation foregone during the way period, but the claimant could request for compensation for the period after the war. The same ruling can e applied to estops Ramsay from declining to pay additional charges covering the period he was seriously preparing for the exam. If he was to continue receiving training after the exam, then he could refuse to pay for the new rates. Therefore, Nigella should sue Ramsay for the total amount as agreed but the new rate will only apply from November 2013, but before then the old rate applies. If Ramsay’s mother offers to clear the balance owned to Nigella by her son Nigella should take the money for the payment of her services to Ramsay. However, Nigella cannot sue Ramsay for the same value because the payment made by his mother is sufficient consideration. The rationale for this claim is based on the ruling by the court of appeal in the case of “Hirachand Punamchand v Temple [1911] 2 KB 330 Court of Appeal.” In this case, the Hirachand Punamchand who was a money lender lent money to the defendant. The claimant asked for money from the defendant but was not given. Defendant’s father offered to clear the debt on behalf of his son, but he after accepting the proportion of money in clearance of the entire amount, the defendant sued the son to claim for the unpaid amount. The court issued a ruling that the amount paid by the claimant’s father had settled the entire debt. Therefore, this is an implication that if Ramsay’s mother decides to pay the outstanding balance to Nigella this amount will be acceptable as a settlement of debt without raising future legal consequences to either of the parties. In conclusion, Nigella should sue Ramsay in order to recover the amount owned to her in payment for the tutorials she offered him. The new charges will apply for the period beginning November 2013. In case Ramsay’s mother offer to pay for the amount owned by her son Nigella should take it in settlement of her debt. Bibliography Central London Property Trust v High Trees House [1947] KB 130 High Court, Punamchand v Temple [1911] 2 KB 330 Court of Appeal Tool Metal manufacturing v Tungsten [1955] 1 WLR 761 House of Lords, Read More
Cite this document
  • APA
  • MLA
  • CHICAGO
(“Consideration Case Study Example | Topics and Well Written Essays - 1000 words”, n.d.)
Consideration Case Study Example | Topics and Well Written Essays - 1000 words. Retrieved from https://studentshare.org/law/1626519-consideration
(Consideration Case Study Example | Topics and Well Written Essays - 1000 Words)
Consideration Case Study Example | Topics and Well Written Essays - 1000 Words. https://studentshare.org/law/1626519-consideration.
“Consideration Case Study Example | Topics and Well Written Essays - 1000 Words”, n.d. https://studentshare.org/law/1626519-consideration.
  • Cited: 0 times

CHECK THESE SAMPLES OF The Contractual Matter between Nigella and Ramsay

Murder of Jon Benet Ramsey

One of the things that the media is excellent at is shifting the focus from tragedy to scandal to justify their continued presence in a matter that did not merit such hard-pressed coverage.... The paper "Murder of Jon Benet Ramsey" will begin with the statement that a little girl, her life barely begun and her own little world rent apart and made scandalous, her parents pressed about her death, the media becoming a force of nature as it tore everything connected to her apart....
8 Pages (2000 words) Essay

Contrast Between Mrs. Ramsey (To the Lighthouse) and Constance Chatterley (Lady Chatterley Lover)

The review "Contrast between Mrs.... To the Lighthouse by Virginia Woolf tackles the approach of life and marriage between Mr.... It narrates how the couple travels to Scotland between 1910 and 1920 with their family.... There are many differences between the characters in To the Lighthouse....
7 Pages (1750 words) Book Report/Review

The Coaching Philosophy of Dr. Jack Ramsay

Jack ramsay Dr.... Jack ramsay is one of the well-known basketball coaches, whose coaching methods or coaching philosophy have earned him a good following in the basketball circles.... ramsay's coaching stint started in 1950s at his alma mater of St.... When ramsay landed on his job in Portland, Blazers had a very poor record, as they missed making to the playoffs and also could not came up with any positive winning streak in their short six year history....
5 Pages (1250 words) Assignment

Managerial Styles of G. Ramsay and J. Oliver

ramsay and J.... Oliver" focuses on the critical analysis and comparison between managerial styles employed by Gordon ramsay and Jamie Oliver.... Despite numerous challenges as a footballer and as a professional Chef, Gordon ramsay completed his education successfully and was offered a job at Wroxton House Hotel where he worked as a chef before returning to London.... However, it is important to note that the participatory management style that was utilized by Gordon ramsay may not be effective in some situations....
10 Pages (2500 words) Essay

Sir Walliam Ramsay

The eminent chemist Sir William ramsay was born in Glasgow on October 2nd, 1852.... His uncle Sir Andrew ramsay was the famous geologist.... After completion of early education at Glasgow Academy, ramsay attended the University of Glasgow under the supervision of known chemist Thomas Anderson.... He spent his time at Fitting's laboratory located at Tubingen at the time of preparing thesis on orthotoluic acid and its derivatives succeed him in having the doctorate degree (Tilden & ramsay 2010, p....
4 Pages (1000 words) Essay

Who Killed JonBenet Ramsey

Besides contamination of evidence due to Boulder police's lack of professionalism in tackling this matter appropriately, media turned it into a complete tragedy leading to unjustified speculations.... In the paper 'Who Killed JonBenet Ramsey?... the author discusses the case when in 1996 on Christmas day at around 5:00 am, John Ramsey, found his six-year-old daughter body JonBenet Ramsey lying lifeless in the basement....
5 Pages (1250 words) Case Study

Class and Gordon Ramsay's Kitchen Nightmares

The advent of celebrity chefs show as epitomized by Gordon ramsay's ramsay's Kitchen Nightmares did not only catapulted chef's into celebrity status but also underscored class stratification which can be traced back to as far as the 1600s.... not only to include the traditional Marxist segregation of class but extended to other spheres of life such as image, language, experience, working environment and taste as conveyed by ramsay's Kitchen Nightmares....
2 Pages (500 words) Essay

Gordon Ramsay Holdings with regards to an Australian Entry Mode

It will be understood in the project that among the final two options considered- joint venture and franchising, a company faces a trade-off between profit earned and liability undertaken.... This paper has tried to analyze the different options that Gordon Ramsey Holdings has while it considers entry into the Australian market....
9 Pages (2250 words) Research Paper
sponsored ads
We use cookies to create the best experience for you. Keep on browsing if you are OK with that, or find out how to manage cookies.
Contact Us