Question 1 In relation to the doctrine of consideration‚ is it possible for David Properties Ltd. to not pay the extra $10‚000 that was promised to tom? Enforceable promise must be supported by consideration under the contract law. The definition of consideration was defined by the courts based on the case of Dunlop Pneumatic Tyres against Selfridge. On the facts‚ David Properties Ltd. has promised to pay an extra $10‚000 and the issue that arose was whether Tom provided any consideration
Premium Contract Contract law Breach of contract
UNIVERSITI TUNKU ABDUL RAHMAN ACADEMIC YEAR 2005/2006 DECEMBER EXAMINATION UBML1053 BUSINESS LAW THURSDAY‚ 15 DECEMBER 2005 TIME: 2.00PM – 4.00PM (2 HOURS) BACHELOR OF COMMERCE (HONS) ACCOUNTING YEAR ONE Instructions to Candidates: Section A : [Total: 40 marks] 1. This section consist of ONE (1) compulsory question 2. Answer ALL the sub-questions. Section B : [Total: 60 marks] 3. This section consists of THREE (3) questions. 4. Answer only TWO (2) questions. 5. No marks will be given for any extra
Premium Contract Contract law
Lecture 4 & 5 - CISG- International Contracts of Sale of Goods Contract The issues in this case is -- what is the governing law? -- Does CISG apply? -- Is there a breach of contract by (seller) as regards to (a) Delay of delivery (b) quality if wines? -- What are the remedies available to (buyer)? 1. Is there a choice of law clause? ( Yes – Australian is the governing law ) ( No- where there is no choice of law clause in the sale contract‚ courts will choose the law of nation which has the ‘ closest
Premium Contract Contract law Insurance
CONTRACT – REMEDIES (Pg 183) Damages |Damages is the principal common law remedy for a breach of contract. It refers to the monetary compensation payable by the defaulting party. | |Assessment |Aim of unliquidated damages | | |The general principle of assessment is that the injured party is to be placed in the same financial position he
Premium Contract law Contract Breach of contract
Charlie is going to rescind the contract. He demands return of his money and compensation for the loss of commission on several high profile sales of his business. He wants to rescind the contract because the package of software recommend by Carmine was obsolete‚ despite Carmine’s assurances. This problem is concerned with the contents of the contract which is term in the contract‚ the misrepresentation and unconscionable conduct. Charlie will claim that Carmine verbal assurances about the
Premium Contract Contract law Misrepresentation
Business Law Tutorial 11 1. [ Refer notes - creation of agency ] 2. [ Refer notes - Duties of Agent to Principal ] 3. [ Refer notes - Duties of Principal to his Agent ] 4. 4 remedies available: Principal may repudiate the contract - Section 168 Contracts Act‚ 1950 Principal may recover the bribe from agent - Section 169 Contracts Act‚ 1950 Principal may refuse to pay commission to Agent Principal may dismiss agent for breach of duty 5. [ Refer notes - Termination
Premium Breach of contract Contract law Contract
TORT‚ PRODUCT LIABILITY‚ INTELLECTUAL PROPERTY‚ CRIMINAL and PROPERTY LAW CASE ANALYSIS TORT CASE OVERVIEW LEGAL ASPECTS 535 PROFESSOR T. RICE MEMORANDUM TO: Professor T. Rice FROM: RE: Denny v. Ford Motor Company (Tort Law) FILE: Court of Appeals of New York‚ 1995 639 N.Y.S. 2d 250 DATE: April 6‚ 2014 Conclusion: Nancy Denny (Plaintiff) was driving her Ford Bronco II in June of 1986‚ when she slammed on the brakes to avoid hitting a deer that had walked in front of her vehicle
Premium Strict liability Tort Contract
ANSWERS TO AICPA QUESTIONS CHAPTER 10 INTELLECTUAL PROPERTY RIGHTS AND THE INTERNET 1. (a) Computer software is covered under the general copyright laws and is therefore usually copyrightable as an expression of ideas. Answer (b) is incorrect because copyrights in general do not need a copyright notice for works published after March 1‚ 1989. Answer (c) is incorrect because a recent court ruled that programs in both source codes‚ which are human readable‚ and in machine readable object
Premium Contract Contract law
Issue: Whether directors of ABC Bhd had breach their duty as directors. Whether ABC Bhd can persue their claim against any other party related to ABC Bhd. Law: S.4(1) Company Act 1965 (CA1965) states that director includes any person occupying the position of director of a corporation by whatever name called and includes a person in accordance with whose directions or instructions the directors of a corporation are accustomed to act and an alternate of substitute director. For example‚ in the case
Premium Contract Tort law Fiduciary
intentions for the future. Provide Comfort‚ not assurance. (Kleinwort Benson Ltd v Malaysia Mining Corporation Berhad [1981] Agreement- has been a valid offer and that it has been accepted. Manifestation by 2 or more persons to the substance of the contract. Would a reasonable person think an agreement had been entered. Can be shown by conduct. Does not have to be express words “I accept your offer” Offer: 1. Offers must be distinguished from an invitation to treat or request for information.
Premium Contract Contract law