Jonah Watson Business Law Case Analysis #3 IN YOUR COURT A remedy is the relief provided for an innocent party when the other party has breached the contract. There are two types of remedies; remedies in equity and remedies at law. Remedies in equity are only awarded only if the remedy at law is inadequate. Remedies at law normally award monetary damages Ken‚ the owner of a famous candy store‚ and Sweet‚ Inc. have entered into a contract‚ essentially designating Sweet‚ Inc. as his
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Chapter questions 1‚2‚3‚5‚6‚7‚10 1. When does a promise constitute consideration? For a promise to constitute consideration‚ the promise must impose an obligation on the person making it. 2. May a promise that is conditional constitute consideration? Yes‚ such a promise consideration even if the condition is unlikely to occur. 3. What is the general rule about the adequacy of consideration? The adequacy of the consideration is irrelevant because the law does not prohibit bargains.
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Question 1 Base on the case presented in this question‚ there is a valid promise between Tina and Yatie. According to Section 2a of Contract Act‚ when one person signifies to another his willingness to do or abstain from doing anything‚ with a view to obtain assent of the other to such act or abstinence‚ he is said to make a proposal. Apparently in the case that Yatie had made an offer or proposal to her business partner‚ Tina to supply handcrafts by sending an offer letter to Tina. Tina had received
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Review the case of Any Kind Checks Cashed‚ Inc. v. Talcott in Chapter 30 of the text. Write a short paper on whether or not you agree with the Court’s decision. Is it fair? In your opinion‚ is Any Kind a HDC? A holder in due course is a holder who takes an instrument without “apparent evidence of forgery or alteration” for value‚ in good faith‚ and without notice of certain claims and defenses. In the case of Any Kind Checks Cashed‚ Inc. v. Talcott it was crucial to determine whether holder of
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Question 1: Issue The issue of this question is whether Samuel willingly entered into a legitimate sale of goods contract with the shop in Orchard Road. Rule of Law The law on this issue is found in the common law and under stature law. In Preston Corporation Sdn Bhd v Edward Leong (1982)‚ an offer was defined as a willingness to be bound by the terms of an agreement. Therefore‚ it is clearly stated that Samuel is willingly and has agreed to enter into a contract by signing on a receipt
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addressed previously‚ what role‚ if any‚ does precedent play? What role should it play? What difficulties could arise? A court would first look to see if any applicable statutes apply to the situation. Beyond that‚ the court would consider whether or not there are any earlier relevant court decisions applicable to the case. The court might find a similar case‚ though one not involving the Internet‚ and extend its application to the Internet. Through this process‚ existing law can be extended to apply
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three contracts. Acting within the scope of her authority‚ she contracted with Evon‚ who knew your identity at the time; Felipe‚ who knew that Delilah was acting on behalf of someone but not whom; and Giorgio‚ who did not know that Delilah was acting on anyone’s behalf. For which contracts‚ if any‚ are you liable? For which contracts‚ if any‚ is Delilah liable? Explain. For which contracts‚ if any‚ are you liable? I would have to say that I would be liable for all three contracts because
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"The formation of a contract is not to be confused with its legal enforceability" Discuss. A contract is put in place to provide a legal link between each party. Therefore it is important to understand on how a contract is formed and what are the steps and requirements to make sure the contract stays legally enforceable. In order for a contract to exist‚ there are four key elements to it. An offer must firstly be made by the offerer‚ followed by the acceptance of the offer by the offeree. Considerations
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likely to be affected by an official act in contravention of a statutory duty or where an illegal or unconstitutional order is made. The grant of mandamus is therefore an equitable remedy; a matter for the discretion of the court‚ the exercise of which is governed by well-settled principles. There are three kinds of mandamus:
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written law in the society It is important because rules need to be established in case someone breaks them (and people tend to). If they aren’t written‚ smooth-talkers will be able to talk their way out of punishment while less charismatic people will be punished more severely‚ and some judges will be far kinder than others (warning versus jail term). It is also harder to say "we need to punish domestic crimes more severely" when there is no set rule or punishment. Simply put‚ written laws are required
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