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Coursework Assistance Required

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  • Coursework Assistance Required

    Hi all,

    Doing some coursework, I require some advice for a fictional law case. Based on the case below:

    - Advise if Neptune is contractually obliged to pay Hercules £400,000 £150,000 or £100,000?¬*
    - Briefly justify why Scenario

    Hercules Engineering (Hercules) has secured a contract to divert and canalise two rivers in connection with a larger project for the decontamination of land belonging to Augeas Developments (Augeas).
    ¬*
    As part of its temporary works, Hercules obtains pumps from Neptune Services (Neptune). Neptune offered to hire the pumps to Hercules on its standard terms for 20 weeks at £5,000 per week plus £500 collection fee. In addition, under its standard terms Neptune sought to limit its liability for losses caused by defects in the pumps to the anticipated hire fee (£100,000). Hercules responded stating that it would pay £5,000 per week hire charge but expected the delivery and collection fee to be included in the hire fee and would not accept any limitation of liability. Neptune responded agreeing to waive the delivery and collection fee and offering to depart from its standard terms by increasing its liability cap to £150,000. Hercules responded noting the waiver of the delivery and collection fee and advised Neptune it would reflect on its position in relation to the proposed limitation of liability before responding.
    ¬*
    As the pumps were now needed urgently, Hercules sent its own vehicle to collect them from Neptuneís local depot. Herculesí driver handed Neptuneís depot manager a note stating that he was there to collect pumps being hired by Hercules. Attached to this note was a copy of the most recent exchange of correspondence between Hercules and Neptune. The note also stated that even though Hercules was now collecting the pumps it was still prepared to pay the £5,000 per week hire fee. The pumps were loaded onto the vehicle and taken to site.
    ¬*
    There was no further correspondence between Hercules and Neptune in relation to the hire agreement. Hercules began paying the £5,000 weekly hire fee to Neptune.
    ¬*
    Twelve weeks into the hire period, several of the pumps broke down overnight due to defective components. As a direct result of this loss of pumping capacity the river diversion works were affected by flooding which caused Hercules losses of £400,000. Hercules seeks to recover these losses from Neptune. Neptune admits liability but states it considers it is only obliged to pay Hercules £100,000 (the liability cap under its original hire offer).

    Thanks in advance
    Tags: None

  • #2
    If you are expecting us to give you the answers to your homework (I'm certainly not) then you might not get the answers you are looking for.

    Are you required to focus on anything specific for your coursework?

    What are your thoughts to the question, do you have an answer and what's your thought process?

    Happy to point in the right direction but its not helpful to give you the answers.
    Check out some useful guides below

    A guide to voluntary termination
    Seting aside a CCJ
    Completing an N180 Form (Courtesy of Jaguarsuk)

    - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
    LEGAL DISCLAIMER
    Please be aware that this is a public forum and is therefore accessible to anyone. The content I post on this forum is not intended to be legal advice nor does it establish any client-lawyer type relationship between you and me. Some of the content I post may include example wording, letters, or other similar responses but they are intended purely for informational and educational purposes. Using some or all of the content I post may fail to meet your needs that is specific to your situation. Therefore any use of my content is at your own risk and I cannot be held responsible in any way. It is always recommended that you seek independent legal advice and you can do this through the Law Society's Find a Solicitor database, by contacting your local Citizen's Advice Bureau or legal advice centres such as LawWorks. You may also be able to seek legal advice from your local university who may run a free (but limited) legal advice clinic to members of the public.

    Comment


    • #3
      Apologies i should have made it clear I have an answer but wanted some guidance into if you believe it is correct. I think Neptune is obliged to pay £100,000. This is the only offer than has been accepted. Hercules waived delivery and collection fee and didn't finalise its position on liability.
      The counter offers have had no acceptance. No response also forms no acceptance to an offer (Felthouse v Bindley 1862)¬*

      Comment


      • #4
        Neptune responded agreeing to waive the delivery and collection fee and offering to depart from its standard terms by increasing its liability cap to £150,000. Hercules responded noting the waiver of the delivery and collection fee and advised Neptune it would reflect on its position in relation to the proposed limitation of liability before responding.

        As the pumps were now needed urgently, Hercules sent its own vehicle to collect them from Neptune's local depot. Hercules' driver handed Neptune's depot manager a note stating that he was there to collect pumps being hired by Hercules. Attached to this note was a copy of the most recent exchange of correspondence between Hercules and Neptune. The note also stated that even though Hercules was now collecting the pumps it was still prepared to pay the £5,000 per week hire fee. The pumps were loaded onto the vehicle and taken to site.

        There was no further correspondence between Hercules and Neptune in relation to the hire agreement. Hercules began paying the £5,000 weekly hire fee to Neptune.
        Can't say that I would agree with your answer. You might want to get out your textbook and look at 'battle of the forms' with reference to the above paragraphs.
        Check out some useful guides below

        A guide to voluntary termination
        Seting aside a CCJ
        Completing an N180 Form (Courtesy of Jaguarsuk)

        - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
        LEGAL DISCLAIMER
        Please be aware that this is a public forum and is therefore accessible to anyone. The content I post on this forum is not intended to be legal advice nor does it establish any client-lawyer type relationship between you and me. Some of the content I post may include example wording, letters, or other similar responses but they are intended purely for informational and educational purposes. Using some or all of the content I post may fail to meet your needs that is specific to your situation. Therefore any use of my content is at your own risk and I cannot be held responsible in any way. It is always recommended that you seek independent legal advice and you can do this through the Law Society's Find a Solicitor database, by contacting your local Citizen's Advice Bureau or legal advice centres such as LawWorks. You may also be able to seek legal advice from your local university who may run a free (but limited) legal advice clinic to members of the public.

        Comment

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