Tort Law Reading Notes Week 1 Mon Sep 8 Damages pp697-729 - aim of damages: restore plaintiff to position he would have been had the wrong not occurred o as this is impossible in cases of personal injury‚ monetary compensation is used o total amount is the amount that will release the target amount over the given span of years - assessment is a matter if calculation‚ not impression (SCC 1978) - 3 probs: o 1) what kinds of items must a defendant compensate
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to tender or an invitation to treat. According to Harvela Investments Ltd v. Royal Trust Co of Canada (CI) Ltd (1986)‚ the usual analysis is that an invitation to tender for a particular project is simply an invitation to treat. ’ However‚ in the case of Harvela Investments Ltd‚ the invitation to tender is treated as an offer implicating legal obligations. I believe that Jack was making an invitation to treat rather than an invitation to tender‚ constituting an offer‚ for several reasons; firstly
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00. Advise Dahari. (Total: 20 marks) Question 1 is about the law contract it entails issues regarding an invitation to treat (ITT)‚ the fact shows that James has placed an advertisement at the Star newspaper for the sale of his BMW motorbike. This is advertisement is not an offer‚ it had similar with the cases of‚ Majumder v A-G of Sarawak. For the example cases of Majumder v A-G of Sarawak‚ the Malaysia court held that such advertisement is invitation to treat
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and consumer and permitted laws that govern the contract agreement between them. It also focuses the matters of invitation to treat. Then advise will be given to Terri in respects to ‘offer and acceptance’ and ‘invitation to treat’ with the help of case studies. Section two discusses employment law‚ discrimination law and unfair dismissal. The author will then advise Jane on how she should proceed Section three discusses unregistered community law with the help of a case study and then advises Tony
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What is a contract? A contract is an agreement enforceable by law. 2. What is an agreement? An agreement is an arrangement between parties that creates legal obligations between them. Generally an agreement is said to be arrived at when an offer or proposal made by one person is accepted by another‚ with the intention of creating mutual obligations between them. 5. What are the essential features of a contract? Minimum two parties :- Atleast two parties are needed to enter into a contact
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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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not pay money to her father for the apartment. This agreement was later registered at the land office. The issue here is whether the transfer of apartment from Pak Mak (father) to Aminah (daughter) is valid‚ void or voidable. Section 26 of the Contract Act 1950 provides that as a general rule‚ an agreement without consideration is void. Consideration is defined in section 2(d) of the said Act as : “ When at the desire of the promisor‚ the promisee or any other person has done or abstained from
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persons and businesses to protect themselves against the risk of loss. An individual who purchases automobile insurance may be reimbursed by the insurer if his or her car is stolen. Insurance is crucial to personal‚ business‚ and estate planning. Insurance is defined as a contract whereby one party undertakes to identify another against loss‚ damage or liability arising from an unknown event. It is a means of transferring and distributing risk of loss. The risk of loss is spread among all parties
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Respondent: Led to permanent injury. Interviewer: (81:13) But how did the actions of your friend and your play dad‚ that their actions led to you having permanent injury? Respondent: No. My play dad didn’t even… My friend‚ yes is… Yes‚ he is responsible for my injury. Interviewer: (81:36) What was it that… Let me just get this right. You’re saying it led to greater… Your friend’s actions led to you having a greater injury? Respondent: Mm-hmm (agreement). Interviewer: (81:49) What exactly did he do
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frustration in contract law can be a difficult precedent to establish. Not to be confused with a contractual mistake‚ frustration occurs when performance is made impossible or is fundamentally changed. Generally‚ when frustration occurs the party suffering loss is established on whom ever provided services before the frustrating event‚ or to the party having already paid a deposit or owing money before frustration date. Self-induced frustration on the other hand is considered a breach of contract (Yates
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