[SOLVED] research and development

[SOLVED] research and development

Pear Ltd is a successful start-up tech company specialising in consumer electronics. After years of
research and development, they made it possible to develop their first PC prototype called PassionFruit,
and they presented it at the Coalchester Tech Expo for the first time. Reviews for PassionFruit were
very positive because of its groundbreaking performance. This was made possible thanks to the
outstanding hardware used on PassionFruit which is produced by Earthware, a renowned computer
hardware company.
Upon receipt of these reviews, Pear decided to manufacture PassionFruit for consumer sale, and they
contracted with Earthware to supply the hardware needed by paying monthly instalments of £9,000,000.
The production of PassionFruit was smooth, but unfortunately sales did not go as well as expected,
which put Pear in financial difficulty. Pear explained their financial difficulties to Earthware. Known for its
support to companies that produce groundbreaking tech products, Earthware stated that they would
accept the payment of the two-thirds of each monthly instalment until sales would increase to help them
recover and avoid insolvency. The reduction of the payment was agreed in writing, though the duration
was not specified.
Shortly thereafter, Pear Ltd gave Earthware BRAINIAC, one of the first computers ever created.
BRAINIAC was part of Pear’s directors’ collection of valuable antique technologies. They sent
BRAINIAC to Earthware alongside with a notice saying ‘Please take BRAINIAC in consideration of your
Pear Ltd paid the reduced monthly instalments for 10 months. At that moment, sales fortunately
increased, but Pear Ltd still did not recover financially in full. This is because sales were increased as a
result of the rigorous marketing Pear Ltd undertook for PassionFruit in their own ‘Pear Stores’, which
required much expenditure on advertisement and personnel.
On reviewing Pear Ltd’s sales success, Earthware wanted to be paid the full amount of the monthly
instalments from that moment on. Earthware argued that they are not bound by their promise to accept
a lesser amount for the supply of Earthware’s goods as Pear had provided no consideration in return.
Two weeks later, Earthware also informed Pear that they also wanted to recover the remaining payment
outstanding from the 10-month period. Pear refused.
Earthware has brought an action against Pear Ltd for the recovery of the outstanding amount from the
10-month period.
In the High Court, Gaffe J held that Pear Ltd was not liable for the outstanding payment following the
principles of consideration established in Williams v Roffey Bros & Nicholls (Contractors) Ltd [1991] 1
QB 1. Earthware appeals to the Court of Appeal on the grounds that Gaffe J had erred in applying
Williams v Roffey Bros & Nicholls (Contractors) Ltd [1991] 1 QB1 to the part-payment of a debt
situation, this being inconsistent with the principle established in Foakes v Beer (1884) 9 App Cas 605.
The appeal is upheld and Pear Ltd now appeals to the Supreme Court, with leave, on the single ground:
1) That Gaffe J had not erred in applying the principle in Williams v Roffey Bros & Nicholls (Contractors)
Ltd [1991] 1 QB 1. The benefits obtained by the part-payment of a debt should be treated the same as
those benefits obtained under a contract for the provision of goods and/or services.
ASSESSMENT CRITERIA: Please see Assessment Criteria available in Moodle
Assessment Criteria: Please see Assessment Criteria based on Moodle
Roles Allocated: Appellant (Pear Ltd), Respondent (Earthware)
Main Topic: Consideration, Part-Payment of Debt and Promissory Estoppel
Title Here

Are you overwhelmed by your class schedule and need help completing this assignment? You deserve the best professional and plagiarism-free writing services. Allow us to take the weight off your shoulders by clicking this button.

Get help

Who Will Write your Paper

Writer avatar

Rating: 4.9/5    Reviews 377

Success rate 97%

Completed projects: 545

I am an experienced writer offering professional services across diverse fields. I provide quality work with strict adherence to the deadline.

Writer avatar
Tutor_Dr. Edith

Rating: 4.8/5    Reviews 381

Success rate 100%

Completed projects: 490

I am an experienced writer with great research and analytical skills. Original quality paper and on-time delivery are guaranteed. Let's do this!

Writer avatar

Rating: 4.7/5    Reviews 316

Success rate 99%

Completed projects: 398

I am a professional writer with more than 8 years of experience. My mission is to provide you with high-quality paper in a timely fashion.

Writer avatar

Rating: 4.8/5    Reviews 371

Success rate 99%

Completed projects: 432

Hi, I deliver quality papers on time following all the instructions provided. Client's satisfaction is my priority. Welcome for plagiarism-free papers.

Writer avatar
Tutor_Prof. Allan

Rating: 4.8/5    Reviews 400

Success rate 97%

Completed projects: 487

With over half a decade of academic experience, I'm committed both to efficiency and punctuality. If it's quality you're looking for, then I'm here to provide!

Writer avatar
Tutor_Prof. Gabie

Rating: 4.9/5    Reviews 447

Success rate 99%

Completed projects: 546

A quality-driven, skilled writer with over 5 years of experience in various disciplines. I deliver plagiarism-free papers and content of impeccable quality, always original and always before the deadline!

Writer avatar

Rating: 4.9/5    Reviews 427

Success rate 97%

Completed projects: 567

I have been a full-time freelance researcher and writer for a period of over 6 years. I have successfully completed over 1000 projects and assignments. I have had a good professional relationship with my clients. Try me today!

Writer avatar

Rating: 4.9/5    Reviews 305

Success rate 98%

Completed projects: 404

I am a proficient writer with knowledge across a wide range of academic disciplines. I guarantee quality, timely and original content.

Writer avatar

Rating: /5    Reviews 419

Success rate 96%

Completed projects: 506

Hi, count on me to deliver quality and exemplary papers. I will pay attention to all your instructions, and meet all your expectations.