Tutorial 8 1. The contract provides that for every day of delay in completion of a commercial building‚ damages of $1000 are payable. The completion is delayed by 20 days due to the fault of the contractor. How much can the innocent party claim if the actual loss suffered is $22‚000? Do you think generally‚ it is wise for a business to always have a liquidated damages clause? 2. At Your Service Pte Ltd is a big company which provides various travel related services‚ including overseas tour
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Principal * Duties of a Principal to his Agent * Termination of Agency Contract NATURE OF AGENCY What is an agency? Section 135 of Contract Act 1950: “Agency is the relationship which subsists between the principal and the agent who has been authorized to act for him or represent him in dealings with others.” There are two types of agency contracts:- 1. Contract between principal & agent 2. Contract between principal & third party through the medium of the agent. CREATION
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Ethics cases: Sebasty v. Perschke Kurt Perschke‚ a grain broker‚ raised an action against Kenneth Sebasty for breach of an oral contract that the two parties entered into on September 28‚ 1972. In the contract‚ Sebasty would purchase 14‚000 bushels of wheat at $1.95 per bushel (Henry 27). The deal that was to go through after six months failed after Sebasty claimed that there was no contract between the two. The damages on the side of the buyer accrued to $14‚070.98. Sebasty failed to supply the wheat
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of severance pay without any written notice of unsatisfactory performance or a corrective action plan. This scenario shows that a contract can exist between Pat and New Corp based on their implied policies or procedures that are like the ones mentioned in the employee handbook that Pat received when hired. This reason gives Pat a reason to sue due to breach of contract. The handbook states that the employee will be notified or given a corrective action plan if the employee’s performance is unsatisfactory
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What Contractor (FOUND) has done The Contractor (FOUND) submits the Direct Loss and/or Expense claims bases on the entitled 90 days of extension. The claims based on 90 days of extension may exceed his direct loss and/or expense. Because under the contract the recoverable costs incurred must be “direct”‚ FOUND may only be entitled to direct loss and expense due to the period of 40 days of late issuance of crucial information by the Engineer (STRUCT). 4. What can the Contractor (FOUND) do However
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agency circumstances. Special powers of sale confers good title on the buyer which prevails over the claims of the original owner. For example‚ goods confiscated in breach of customs regulations‚ abandoned motor vehicles‚ goods left in a hotel room and on public transport can all be sold lawfully. Voidable title states that if a contract is merely voidable and not void‚ the right to sell cannot be exercised if the goods have been sold to a
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Elizabeth & SSRU Part A: Issue: Can Elizabeth sue SSRU for damages under Australian Consumer Law (ACL)? R/A: 1 1. Supplier: SSRU was the supplier of sound system. 2 2. Consumer: Elizabeth purchased the sound system for the price of $33‚000‚ which was less than $40‚000‚ so she was a consumer‚ S3(1) ACL. And she did not buy it for resale‚ resupply or manufacture purposes. S3(2) 3 3. The purchase of that sound system was a business transaction happened in trade or commerce. 4 4.Goods: S54(1): The sound
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informed Hyde of this on 27 June.On the 29th Hyde agreed to buy the farm for $1000 without any additional agreement from Wrench ‚and after Wrench refused to sell the farm to him he sued for breach of contract. Judgment Lord Langdale ruled that any counter-offer cancels the original offer. IV.Revocation of Offer S5(1)Contract Act 1950 provides “a proposal may be revoked at any time before the communication of its acceptance is complete as against the proposer ‚ but not afterwards” Eg: A proposes ‚ by letter
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1 Fairness of Dismissal – General Points 1.1 The ERA 1996 s98 (4) states: The determination of the question of whether the dismissal is fair or not (having regard to the reason shown by the employer) shall depend on whether: • In the circumstances of the case • Including the size and administrative resources of the employer’s undertaking • The employer acted reasonably or unreasonably • In treating it as a sufficient reason for dismissing the employee AND • Shall be determined
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provision; but she may have an action for damages if the amendment (or dismissal without the amendment) is a breach of contract. However‚ H may not have an enforceable contractthere is no difficulty if she has a service contract independent of the articles (which is improbable) but‚ if she wishes to rely on the articles as providing the contract‚ she faces two difficulties. First‚ a contract based on the articles changes if the articles are validly altered (Read v Astoria Garage (1952)); and‚ secondly
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