Blended Learning - Gilbert Steel

Gilbert Steel v University Construction

Preparation for Trial

The following legal issues have been identified in Gilbert Steel. You must prepare your argument for and against the Plaintiff using your understanding of how to apply these legal concepts as the building blocks of your argument.

1. a) What does Variation of Contract mean?

b) What must a party prove to establish that a contract has been varied? (2 part test)

c) Can you identify a possible variation of contract issue in the facts of the Gilbert Steel case that might be used by the Plaintiff?

2. a) What is a gratuitous promise?

b) How would the University Steel use this concept in their Defense?

3. a) Explain the legal concept of Acceptance by Conduct

b) Can you see an argument for Plaintiff Gilbert Steel to argue for acceptance by conduct on the part of the Defendant?

4. a) What is Promissory Estoppel?

b) When/How is Promissory Estoppel used?

c) Who can use Promissory Estoppel? Plaintiff or Defendant or both?

d) What is the test for Promissory Estoppel (3 part test). Briefly explain each element of the test and how his might apply to Gilbert Steel?

5. What does Pre- Existing obligation mean in the context of contract law?

6. What clause might have prevented any confusion regarding varying the contract between Gilbert Steel and University Construction?