Business and Law Coursework Assignment With regard to the case‚ there are two legal issues needed to be handled. First‚ it is needed to determine whether 1) Tommy can sue Ada for not reducing the height of fence which is eracted along the side of Ada’s garden 2) Mickey can sue Ada for not fulfilling her promise to pay $1000 for Mickey’s help. To determine the two legal issues‚ we need to consider if any contractual relationship was formed between them. To begin with‚ a contract is a legally
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Question 1 The issue of this question is whether Scott and Kyle can bring legal action against Wayne for what they feel is a breach of contract. Under the law governing offer and acceptance‚ a valid offer has been made through an advertisement. In order for an offer to be accepted‚ the party must entirely accept the offer. The rules governing acceptance has to be positive not passive. Silence does not forms acceptance. The general rule of acceptance is that the acceptance must be received by
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Smith but it cannot be enforceable by law. 09. Yes‚ Leitner’s proposal was supported by consideration because he was promised to pay 3‚500 within next 5 years‚ but his son refused to pay the partners the amount agreed on. 10. When the common object of a contract can no longer be carried out‚ the court may declare the contract has been frustrated. There are some ways of frustration. The names are given below: I. Destruction of an object‚ II. Changes of law‚ III. Failure of pre-conditions IV
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Remember that these questions were designed to help guide the analysis you might do to develop appropriate recommendations. You need to focus on identifying and solving the major problem(s) in the case. Make sure you understand WHY you’re doing each analysis and how you will use it to guide your recommendations. GOLIATH PRODUCTIONS – QUESTIONS The CEO of Goliath Productions has hired your consulting firm to produce a report on this possible breach of contract case‚ including recommendations
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Issue Is there a valid contract between Khalid and Siti? Law and Application When Khalid is interested in buying Siti’s painting which she had named “Hawa”‚ Khalid met Siti and told her that he will pay her RM5‚000 for “Hawa”. This is an offer. Offer had be defined in S2(a) Contracts Act 1950 as “when one person signifies to another his willingness to do or to abstain from doing anything‚ with a view to obtaining the assent of that other to the act or abstinence‚ he is said to make a proposal”
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Question 1 Explain in which way an agency may be terminated by operation of law. (3marks) Answer: An agency is created by express appointment when the principal appoints the agent by express agreement with agent. This express agreement may be an oral or written agreement between the principal and the agent. There are four factors can cause the termination by operation of law. i. Agency is terminated by frustration In Marshall v Glanvill‚ Glanvill who is a firm of drapers appoints
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Unjust-contract. d. Unilateral-contract. A [easy p. 197] 57. Which of the following are two terms for concept or situation? a. Implied-in-law contract and implied-in-fact contract. b. Implied-in-law contract and quasi-contract. c. Implied-in-fact contract and quasi-contract. d. Unilateral contract and informal contract. e. Formal contract and implied-in-law contract. B [moderate p. 197] 58. Which of the following is needed to impose a quasi-contract? a. A benefit having been conferred and injustice
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Sackett as the specifics of this case warrant an exception from the Statue of Frauds under the equitable doctrine of part performance. Applicable Laws The equitable doctrine of part performance allows the court to enforce an oral real estate contract
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References: 1. Murdoch University‚ Business Law Study Guide‚ Mr Robin Peter Lange 2. http://answers.yahoo.com/question/index?qid=20071208063150AASvqyt 3. http://en.wikipedia.org/wiki/Consideration_in_English_law 4. http://www.mateoaboy.com/f6/blog_files/be9debe290ff9580bb8e5ba95217e33e-98
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if management thinks it’s warranted.” Profits remain high‚ but no bonus is paid. If the employees sue‚ would a court enforce the promise? The fact that a promise has been made does not mean the promise can or will be enforced. Under the common law‚ a primary basis for the enforcement of promises is consideration. Consideration usually is defined as the value (such as cash) given in return for a promise (in a bilateral contract) or in return for a performance (in a unilateral contract) Something
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