Strategic Management qsns
CHINHOYI UNIVERSITY OF TECHNOLOGY
BUSINESS SCIENCES AND MANAGEMENT
DEPARTMENT OF ACCOUNTING SCIENCE AND FINANCE
COMMERCIAL LAW/BUSINESS LAW (CUAC 106, CUAC 211): TUTORIAL QUESTIONS (PART 1).
Required: Discuss the legal implications of each of the scenarios given below, citing relevant decided cases.
Case 1
Masiko, a solicitor agreed not to demand any fees “until such time as Tapera’s mine was producing and he was on his feet again financially”. When he was sued for fees, Tapera advanced this clause in defence.
Case 2
A letter was posted from Chinhoyi on 1 January offering to sell 1 00 tins of paint to a client in Harare. The offer was accepted by telegram on 11 January. However a letter of withdrawal had been posted on 8 January. This did not arrive until 20th.
Case 3
A shopkeeper advertised some groceries at a special price. He had a placard outside his shop. One evening, a customer entered the shop and bought some groceries. He left the shop and within five minutes came back for more groceries. This time, the shopkeeper refused to sell him the groceries. The customer refused to leave the shop without the groceries and the shopkeeper had to call a constable to remove him.
Legal implications
There is no contract. An advertisement is not an offer; it is an invitation to treat.
Case 4
Meikles undertook to let a hotel to Chinotimba on certain conditions, stating that –if these conditions were agreed to –then “the further general clauses can be discussed”.
Case 5
When Themba Matemba was planning to marry Rose he entered into a contract in which he promised to settle and renew furniture and domestic effects on his future wife (Rose) “at such times and in such quantities as may be expedient to him”. Mrs Matemba (Rose) is now seeking performance of this promise.
Case 6
Mr. Bauer agreed to pay his wife monthly maintenance of $300 while he was on civil service duty in Harare. He failed to do so and his wife sued.
Case 7
Dandaro sued Mandimba
BUSINESS SCIENCES AND MANAGEMENT
DEPARTMENT OF ACCOUNTING SCIENCE AND FINANCE
COMMERCIAL LAW/BUSINESS LAW (CUAC 106, CUAC 211): TUTORIAL QUESTIONS (PART 1).
Required: Discuss the legal implications of each of the scenarios given below, citing relevant decided cases.
Case 1
Masiko, a solicitor agreed not to demand any fees “until such time as Tapera’s mine was producing and he was on his feet again financially”. When he was sued for fees, Tapera advanced this clause in defence.
Case 2
A letter was posted from Chinhoyi on 1 January offering to sell 1 00 tins of paint to a client in Harare. The offer was accepted by telegram on 11 January. However a letter of withdrawal had been posted on 8 January. This did not arrive until 20th.
Case 3
A shopkeeper advertised some groceries at a special price. He had a placard outside his shop. One evening, a customer entered the shop and bought some groceries. He left the shop and within five minutes came back for more groceries. This time, the shopkeeper refused to sell him the groceries. The customer refused to leave the shop without the groceries and the shopkeeper had to call a constable to remove him.
Legal implications
There is no contract. An advertisement is not an offer; it is an invitation to treat.
Case 4
Meikles undertook to let a hotel to Chinotimba on certain conditions, stating that –if these conditions were agreed to –then “the further general clauses can be discussed”.
Case 5
When Themba Matemba was planning to marry Rose he entered into a contract in which he promised to settle and renew furniture and domestic effects on his future wife (Rose) “at such times and in such quantities as may be expedient to him”. Mrs Matemba (Rose) is now seeking performance of this promise.
Case 6
Mr. Bauer agreed to pay his wife monthly maintenance of $300 while he was on civil service duty in Harare. He failed to do so and his wife sued.
Case 7
Dandaro sued Mandimba