Element 3 Terms of a Contract

1. In Shakespeare's play "The Merchant of Venice" Shylock, a money lender, makes a bargain with Antonio, a merchant, to lend him 3,000 ducats for a certain period. In the event that Antonio does not repay within a certain period, Shylock has the right to take a pound of flesh from whatever part of Antonio's body he chooses. Antonio cannot repay and the court upholds his right to the pound of flesh but states that if one drop of blood is shed that Shylock will be guilty of any crime resulting. What argument can you offer that the contract should enable Shylock to get his pound of flesh?What argument did the defence miss ?

2.You are told that the fruit and vegetable merchant only supplies best quality tomatoes. Is this an advertising puff? What may make it an express statement? Could it be an implied term and if so what circumstances would make it such?

3. Give an example of what you consider would (or should!) be implied terms for

(a)A journey by bus

(b)A law course at a university

(c)A Big Mac

For each example suggest which term could be a condition and which a warranty.