Task: Scenario: Anne and Victor Marshall (the Marshalls) live at number 3 Barnes Wallace Close and also own numbers 1 and 2, which they rent out (the rental properties). The Marshalls spend six months each year overseas and, worried about long periods away and the increasing range of legislation they need to comply with as landlords, would like an agency to provide a full management service for their rental properties. They will be starting their next trip in four months. Victor Marshall knows the Managing Director (David Heinkel) of a lettings company - Airside Lettings Management Ltd (ALML) – and has informally agreed to AML providing services in relation to the bungalows for a one-off ‘flat’ fee of £1,500, followed by monthly payments of 10% of the monthly rental income. The £1,500 fee was due on confirmation of a letter of intent to contract but has already been paid and ALML have started marketing the properties. However, no written contract has been exchanged. Accordingly, there is no agreement about what ‘10% of the rental income’ means or of the precise service being provided, and no agreement on timelines. Five weeks after the first letter was issued, no progress has been made in agreement or in letting of the properties. A heated argument between Anne Marshall and Carmel Sopwith of ALML has resulted in a terse communication from ALML ending the relationship. As a result, Victor Marshall has asked you, as the surveyor, to advise about whether they can sue ALML for breach of contract and on any grounds ALML has to demand payment. Task: You are required to write a contract law essay providing advice to Mr and Mrs Marshall, using your current knowledge of contract law, about: a) Whether they can sue ALML for breach of contract; b) Whether ALML has grounds to demand payment.
Subject Name: Civil Law_x000D_
Level: Postgraduate
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