Explain the facts‚ issues and reason in the case of Carlill v Carbolic Smoke Ball Company. FACTS The Carbolic Smoke Ball Company made a product called the "smoke ball". It claimed to be a cure for influenza and a number of other diseases‚ in the context of the 1889-1890 flu pandemic (estimated to have killed 1 million people). The smoke ball was a rubber ball with a tube attached. It was filled with carbolic acid (or phenol). The tube would be inserted into a user’s nose and squeezed at the bottom
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Chapter End Questions Chapter 12-12.1‚ 12.3 Chapter 13-13.4‚ 13.5‚ 13.7 Chapter 14-14.3‚ 14.5 Chapter 15-15.2‚ 15.3‚ 15.4 12.1 Jerome is an elderly man who lives with his nephew‚ Philip. Jerome is totally dependent on Philip’s support. Philip tells Jerome that unless Jerome transfers a tract of land he owns to Philip for a price 30 percent below market value‚ Philip will no longer support and take care of him. Jerome enters into the contract. Discuss fully whether Jerome can set aside this contract
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2. State whether the following provisions in a note impair or preclude negotiability‚ the instrument in each instance being otherwise in proper form. Answer each statement with either “Negotiable” or Nonnegotiable” and explain why. A. A note signed by Henry Brown in the trade name of the Quality Store. Nonnegotiable‚ no fixed amount. B. A note for $850‚ payable to the order of TV Products Company‚ “If‚ but only if‚ the color television set for which this note is given proves entirely satisfactory
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Business Law 1 Mid Term Teshvinder Singh Chopra SEGi University College: American Degree Program 2 July 2010 Accordingly‚ as with the situation‚ Tim has sustained injuries from the incident. The person at fault for Tim ’s condition is surely Danny‚ as he had parked his car illegally‚ which definitely breaking the rules‚ and he as well forgotten to engage the parking brake. This caused the car to roll back and eventually hits an electric wire and the sparks from the ignition of the electric
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‘grade super A+’ Arabica coffee imported from Antioquia province in Colombia – I will pay you $3.00 per pound. The coffee should be delivered to my place of business in Panorama City on or before 12 March 2008. I will pay the full price for the coffee by 25 March 2008.” On 5 February 2008 Luis‚ who owned Colombia Coffee‚ Inc. -- a business that imported coffee from South America to the United States -- sent an e-mail to Gerald that said: “I would like to accept your offer – I will provide you
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Erin Smith Exercise 11.2 Question 1: What are the “two greatest contributors” to contract disputes? Why is it a good idea to use plain English instead of legalese when drafting a contract? What is a “letter of intent? ” What might be included in a letter of intent to avoid future disagreements over the legal effect of the letter? The two greatest contributors to contract disputes are a) failure to address all possible situations‚ whether deliberately or not‚ and b) ambiguity in the provisions
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The issue of this case is whether Freeze Bhd. (FB) has acted as an agent of necessity in the situation and qualified to claim for warehouse storage charges from Nice to Eat Restaurant (NER). Section 142 Contract Act 1950 states‚ “An agent has authority‚ in an emergency‚ to do all such acts for the purpose of protecting his principal from loss as would be done by a person of ordinary prudence‚ in his own case‚ under similar circumtances.” According to Section 142‚ an agency by necessity may arise
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pole and that Butterfield was not riding with care‚ Forester should win Trial Court rules in favor of Forrester; Appellate court upholds Incipient use of contributory negligence: principle that a plaintiff is the more liable party in a negligence case‚ cause injury to themselves regardless of defendant Legal Issues: Does the negligence of the plaintiff supersede possible negligence of the defendant? Court’s Analysis: Butterfield would have seen the obstruction if he had used ordinary care.
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careless. a) When carrying out the first annual service‚ Crankit fits a new fuel pump. This malfunctions 24 hours later‚ causing an explosion. Injuries result to Jeremy‚ who lives next door to the factory and the explosion also causes business interruption for 3 weeks. Contract of works and materials - service and goods being provided - SUPPLY OF GOODS AND SERVICES ACT 1982 The fuel pump is defective (not clear if its defective)- s4(2) and (3) - it seems that C supplied this. Discuss
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Part A (a): Ethical dilemma Should Tom tell Michael that Brenda is breaking the rules/law. Ethical egoism Under ethical egoism‚ Tom should tell Michael what Brenda is doing‚ as he is feeling worried and guilty and this would ease his mind. He could also gain benefits from Michael. Tom would do this because he is promoting his well being above everyone else’s (QUT‚ 2011). Utilitarianism Under Utilitarianism‚ Tom should tell Michael about Brenda and Mary’s arrangement‚ because Utilitarianism
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