2nd of feb CASES MALLIK V BCC: Malik and Mahmud v Bank of Credit and Commerce International SA [1997] UKHL 23 is a leading English contract law and UK labour law case‚ which confirmed the existence of the implied term of mutual trust and confidence in all contracts of employment. Facts: Mr Malik and Mr Mahmud both worked for the Bank of Credit and Commerce International. BCCI went insolvent due to massive fraud‚ connection with terrorists‚ money-laundering‚ extortion and a raft of other criminal
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res ipsa loquitur- the facts speak for themselves It means that the plaintiff can prima facie establish negligence where the facts are so obvious that somebody must be negligent otherwise the accident would not have happen. In the common law of negligence‚ the doctrine of res ipsa loquitur (Latin: the thing speaks for itself) states that the elements of duty of care and breach can be sometimes inferred from the very nature of the accident‚ even without direct evidence of how any defendant
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Contract Law Assignment Advise Grab From looking at the facts laid out by Grab regarding the purchase of a sandwich shop‚ it seems that the most likely action is that of misrepresentation. A misrepresentation is defined at common law as "a statement of fact made by one party to the other party‚ which is false. While not necessarily forming a term of the contract‚ is yet one of the main reasons which induces the one party to enter into the contract" and is supported by the Misrepresentation Act
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Procurement Law Overview‚ Part Two Procurement and Contract Law Procurement Law Overview‚ Part Two Payments under Fixed-Price Construction Contract clause permits the government to partially compensate contractors for supply and services which have been accepted by the Government‚ as long as the contractor demand it and the sum is no less than $1‚000 or 50% of the full contract amount. These interim payments diminish the contractor needs to finance expenses to fulfill the contract. As permitted
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WEEK 3 – THE FORMATION OF CONTRACTS Apply Your Knowledge (EXERCISE 4 – CONTRACT OR NOT?) Review the essential elements of a valid and enforceable contract and decide whether a valid‚ void or voidable contract has been formed in each of the following situations. Provide a legal explanation for your decision. 1. Last year‚ Smith‚ the owner of a retail business‚ in an attempt to reduce employee absenteeism due to illness‚ offered to give any employee who quit smoking for a year a $500
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Contract Questions Please answer BOTH questions. 1. Max‚ an improvised law student placed the following advertisement in the Law Student Gazette: "For sale - Treital - Law of Contact‚ £5" Brian telephoned Max but he was not at home and Celia‚ Max’s girlfriend‚ answered the telephone. Brian asked her whether it was the latest edition. She replied that it was not. Brian then said he would give £4 for the book and Celia replied that she was sure that was acceptable but
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agreement can be objectively established where there is mutual assent.6 In Masters v Cameron‚7 it was noted that‚ ‘the case may be one in which the intention of the parties is not to make a concluded bargain at all‚ unless and until they execute a formal contract’. Such intention can be
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Tutorial 5 1. Naeve Soh‚ a diploma holder enters into an employment contract with a company as an accounting assistant. The working hours are 8am to 9pm daily except for Sundays and Public Holidays. The pay is $2100 per month. The market rate for a similar job is $3700 and employees in similar jobs in other companies work generally only from 8 am to 6 pm. After working for two months Naeve Soh feels all this is very unfair and wants to challenge it. (a) Assuming there is no statute prohibiting
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Service/Work involved: Customer pays 55% when placing the order. Company places order on behalf of the customer. Goods are received at the warehouse (Miami) and are sent to the freight forwarder. Before goods are sent to the freight forwarder‚ the order is opened and checked for any missing quantities or flaws on the products. (customer can also require photos of their order) If the goods have arrived at the port of Paramaribo‚ Suriname the customer will pay the remaining 45% and the order will be
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Contracts Cyril made two contracts. The first was to have his house painted one month from the date of the written contract. The second was for his neighbor’s 1957 Ford Thunderbird. Each contract was definite and clear in all respects. As to the house painting‚ Cyril inquired with the painter as to when the work could begin. The painter explained that he was extremely busy and was not sure if he could fulfill the contract. Cyril flew into a rage and immediately hired someone else
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