FACTS OF THE CASE Southern Fairway Investments Pty. Ltd.‚ and Jakabar Pty Ltd (second defendant‚ and it being a wholly subsidiary company from the First Defendant) performed a Memorandum of Understanding or “MOU”. The MOU was executed in the way of a “deed” on the 12 of June 2008 where the parties would “use reasonable endeavours to negotiate by 30 august 2008 (and in any event no later than 30 October 2008) a Gas Supply Agreement” with the purpose to end of entering into a GSA (Gas Supply Agreement)
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XYZ INFRA COMPANY LTD. The company‚ incorporated in 1998‚ was initially engaged in the field of telecom infrastructure in India. In the period between 2002 to 2010‚ it was one of the key player providing various services for the telecom industry‚ ranging from work planning and design to Operations & Maintenance services which include Radio Frequency Engineering Services‚ Project Management Service‚ Telecom tower design & Supply‚ equipment installation & commissioning‚ testing & integration etc
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The courts enforce a liquidated damages clause even if the final result of a case seem to be not fair for any of the parties. This is because of the set out they have agreed on in a contract. However‚ the courts will not enforce a bargain that leads to a penalty. The liability of proving that a clause is a penalty is dependent on the person trying to deny the liquidated damages application. Therefore‚ there are indicators and teste for a penalty in law. The test for penalty is known as the Dunlop
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Power Company Limited “The signing of the financing agreements for Mundra UMPP is an important milestone. The good response demonstrates the faith of the lenders in our execution capabilities and expertise to complete the project in time. The terms of debt financing provides us long tenure of loans supporting our competitive bid price assumptions.” – Mr. Prasad R. Menon‚ Managing Director‚ Tata Power On April 24‚ 2008 The Tata Power Company Limited (TPCL)‚ India’s largest private power company‚ signed
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Case study6.2 Aroma Australia Pty Ltd goes to Japan Overview of case study Aroma Australia Pty Ltd is a successful company which performed very well in instant coffee industry. To prepare for a move into Japanese market‚ Ken Ishiguro who is the marketing manager of Aroma did amount of marketing researches on the instant coffee in Japan. Originally he came to the conclusion that it would be difficult for Aroma to enter Japanese market‚ due to the culture difference between Japanese and western
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for its voguish clothing. Mango that is started in Barcelona is one of the most international companies in the world. This essay will begin with its organizational profile‚ then‚ it will follow with an outline of Mango’s history and finally‚ it will also describe Mango’s design and manufacturing process. Mango is a clothing manufacturing company which comes from Spain with headquarter located in Barcelona‚ Spain. Mango’s products include women’s and men’s clothing and accessories
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INTRODUCTION C-Direct Insurance Company was established since six years ago and it is specialized in selling car insurance. The company has its call centre in Newcastle‚ England. Mr Small the Operations manager is responsible for all operations in the Call Centre. The call centre employs 105 people in 3 shifts over a core day between the hours of 0800 and 2000. Nowadays‚ C-Direct Company faced a lot of competitors and the company got low profit within a year. It is because‚ not only of competitors
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For the case of Sopov v Kane Constructions Pty Ltd (No 2) [2009]‚ the appellant engaged the respondent as contractor in a construction project. The appellant repudiated the contract by wrongly calling on the respondent’s bank guarantee‚ in response to which the respondent terminated the contract and claimed damages for quantum meruit. The Court of Appeal applied the NSW Court of Appeal decision in Renard Constructions (ME) Pty Ltd v Minister for Public Works (1992) 26 NSWLR 234 which provided that
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CASE NOTE Gammasonics Institute for Medical Research Pty Ltd v Comrad Medical Systems Pty Ltd [2010] NSWSC 267 New South Wales Supreme Court‚ heard by Fullerton J Gammasonic v Comrad[1] demonstrates the reluctance of the courts to interpret the Sale of Goods Act to include software downloads as a “good”‚ preferring to leave the matter up to statutory review. It primarily discusses whether a software package delivered by online download is effectively classed as “goods" for application of
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we can see a company with a strong growth period that is now consolidating its position as one of the leading brands in this industry. Question 2 – Gross Profit margin & Net Profit Margin GPM = GP (Revenue from sale of
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