...Assignment 2 LEGAL PROBLEMS (30 marks) Note – All students are expected to use the prescribed textbook when undertaking this assignment and all cases cited at c) in each problem below should be taken from the textbook. If you use any source other than the prescribed textbook you are required to include the relevant case notes as an appendix to your assignment. The page/s should be scanned and merged with your assignment Word document. Failure to do this will result in your paper being returned unmarked when you will then have seven days to return in the required form. Penalties will apply, as per the UIG, from the DUE DATE and not the date of your resubmission. Marking criteria You will be assessed on your ability to: * identify the legal issues; * apply your knowledge of the law whilst solving the problem; * identify relevant statutes and cases as appropriate; and * reach the correct conclusion. Problem 1 (6 marks) Topic 3 Jack’s son Tim is hoping to start a new computer business. He asks his father if he would be willing to lend him $50,000 to help him start the business. In return, Tim promises to give his father a new computer. Jack accepts Tim’s offer. Tim buys his father a new computer but then Jack tells Tim that he has changed his mind and will not be lending him the promised money. a) What is the issue you need to consider? (1mark) Jack and Tim had an agreement, but did they intend that agreement to be binding (ie a...
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...1957, a condition is a stipulation essential to the main purpose of the contract, the breach of which gives rise to a right to treat the contract as repudiated. The supportive case is Poussard v Spiers (1876), where it was held that it was a breach of condition, because Madame Poussard (defendant) was not able to perform the conditions because she was ill and Spiers (plaintiff) were entitled to end the contract (E-lawresources.co.uk, 2015). The main distinction between condition and warranty is a breach of condition will be considered as the breach of the whole contract, thereby a breach of warranty will be claimed only for damages. In the given case, there is not a breach of condition, because the unable of the freezer to retain the law temperature cannot be considered as a breach of the whole contract. According to the section12(3) of SALE OF GOODS ACT 1957, a warranty is a stipulation collateral to the main purpose of the contract, the breach of which gives rise to a claim for damages but not to a right to reject the goods and treat the contract as repudiated. In the case of Associated Metal Smelters Ltd V Tham Cheow Toh (1971), where the plaintiff sued for damages, the court held that they were allowed to treat the breach of conditions as a breach of warranty as sue for damages (Lawteacher.net, 2015). The given case has the similar facts, because one of the freezers, unfortunately, could not retain the required temperature, and, as...
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...Business law assignment Business Law Assignment Common law and stare decisis Common law is all that law that is made by judges. It is initiated by citizens when they file cases in courts. Stare decisis is a term used in the common law to mean that decisions made in court cases should be based on previous decisions. It simply means that the decision should stand. It therefore means that in business, this is a principle that can assure a business person of the ruling of a case that is similar to the previous. Rulings in business cases are hence made predictable. Bailment It is where a person delivers his personals to someone else for safety keeping. Bailor is the one delivering property while the one receiving is the bailee. It involves delivery of goods to somebody else in trust creating a contract either express or implied. The bailee must be willing to possess the property physically but is not entitled to use it. In business transactions, the bailee has both the duty of care and responsibility to re-deliver the property. Statute of frauds This is a requirement that certain contracts like sale of goods that exceeds a certain value, land sale or a guarantee of debt be made in writing and then signed to prevent perjury and fraud. Two sophisticated business corporations may enter into a joint venture say of about 10 years. There are different negotiations that they engage in and one party promises that it will join the negotiations in time. In case the party fails to...
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...Even though the Central London Property Trust v High Trees Pty case suggests that past consideration can be valid given the circumstances, there are many other cases after the High Tree case shows the concept of past consideration is not good consideration still an indicator of judgment in court. In the Re McArdle court of appeal case in 1951, Majorie McArdle carried out some repairs and improvements on a bungalow, such property was part of the family estate her father in law owned before he passed away. According to Majorie’s father in law’s will, he had left the bungalow along side all property under his name to his wife for life then on trust for Majorie’s husband and his four siblings. After the work was finished Majorie’s brother and sisters in law signed a document to state in consideration of her effort of carrying out the repairs of the bungalow, they agree to pay her $480 from the proceeds of sale, this payment was however never been made. The court held in this case, since the promise to make payment to Majorie McArdle happened after the consideration had already been performed therefore the promise to make payment was not binding. Past consideration was ruled not valid. The conclusion to draw from this case is that if one party voluntarily performs an act before another party make a promise in consideration of the act performed, such consideration count as a past consideration, which means it is not a good consideration and does not hold legal ground to sue on a contract...
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...Homework Assignment #1 One of the most important skills you will learn in this course is how to “brief” a case. Judges interpret the law to resolve a dispute between two parties in a civil trial. This interpretation is documented in an “opinion”. These opinions are indexed in volumes and online. Opinions can be complex and address a variety of issues in the plaintiff’s claims or claims. Using case “briefs” will help you to understand how the court interpreted the law and how that interpretation may apply to another situation. A brief of a case will contain the parties involved, the relevant facts of the case, the issue the court is deciding, the rule of law, and the courts conclusion and rationale. Instructions: Use the Temple’s online library to search for this citation: “88 F.Supp.2d 116” Access this database by following these steps: 1. Access TU Portal 2. From TU Portal, select TU Library link on the left 3. In TU Library, select Databases, and then All Databases A-Z 4. Open the LexisNexis Academic Database 5. Select Look up a Legal Case 6. Search for citation: 88 F.Supp.2d 11 This will allow you to access this cases opinion, read the opinion in entirety and answer the following questions. Question 1: What court is issuing this opinion? UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF NEW YORK Question 2: Provide a brief description of a plaintiff? Who is the plaintiff in this case? JOHN D.R. LEONARD is plaintiff. He...
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...2009)] (See page 23.) * According to our textbook, Due Process is related to both the Fifth and Fourteenth Amendments providing that no person shall be deprived “of life, liberty, or property, without due process of law.” Therefore, in this situation, due process requires the governmental decision to take those (life, liberty, or property) fairly. * 1–7 The Dormant Commerce Clause. In 2001, Puerto Rico enacted a law that requires specific labels on cement sold in Puerto Rico and imposes fines for any violations of these requirements. The law prohibits the sale or distribution of cement manufactured outside Puerto Rico that does not carry a required label warning that the cement may not be used in government-financed construction projects. Antilles Cement Corp., a Puerto Rican firm that imports foreign cement, filed a complaint in federal court, claiming that this law violated the dormant commerce clause. (The dormant commerce clause doctrine applies not only to commerce among the states and U.S. territories, but also to international commerce.) Did the 2001 Puerto Rican law violate the dormant commerce clause? Why or why not? [Antilles Cement Corp. v. Fortuno, 670 F.3d 310 (1st Cir. 2012)] (See page 14.) * In my opinion, 2001 Puerto Rican law violated the...
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...Cigarettes or Smokeless Tobacco. I chose this federal agency and this specific regulation because it is one of the only agencies on regulations.gov that I am familiar with. I also chose this regulation because of my place of occupation. I currently work at Hertz rental. I had no idea how many people get arrested for trafficking drugs, alcohol, or firearms. So it kind of drew me towards this regulation. According to Regulations.gov “The Department of Justice is proposing to amend the regulations of the Bureau of Alcohol, Tobacco, Firearms, and Explosives to execute certain provisions of the USA PATRIOT Improvement and Reauthorization Act of 2005 (enacted March 9, 2006) relating to trafficking in contraband cigarettes or smokeless tobacco. The new law amends the Contraband Cigarette Trafficking Act by: reducing the threshold amount of cigarettes necessary to trigger jurisdiction under the CCTA from a quantity in excess of 60,000 to a quantity in excess of 10,000; extending the provisions of the CCTA to cover contraband smokeless tobacco; imposing reporting requirements on persons, except tribal governments, who engage in delivery sales of more than 10,000 cigarettes or 500 single-unit consumer-sized...
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...Assignment 1 Business Law Oct 28th 2014 Common law is defined as “law developed by judges who issued their opinions when deciding a case.” (Cheeseman, 2013). The principles in these early cases have taken precedent for later judges that are deciding similar cases. English common law is divided into cases which are decided by three different courts. These courts are: law courts, equity courts, and merchant courts. Law courts deal with matters of the law, such as administering it and upholding it. Equity courts deal with issues arising from decisions made by the judges in law courts. The equity court was run by the Lord Chancellor; this court enabled people to seek relief from decisions made in law courts they felt were unfair. Merchant courts were established to handle commercial disputes. English common law is the primary source of American law. Law, equity and merchant courts have all been merged in the United States so that most courts permit seeking any kind of remedy. Of all the states in the United States, Louisiana is the only state which doesn’t base its legal system on English common law. Louisiana law is based from French law and the Napoleonic Code. This type of law takes a civilian approach. “Civilian law is based on scholarly research and the drafting of legal code which is passed into law by the legislative branch. It is then the judge's job to interpret that intent more than to follow judicial precedent.” (La-Legal, 2014). The Constitution of the United...
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...Men’s Skin Smoother The case study presents a range of issues in regards to Kai’s injuries, Men’s Skin Smoother and the Supermarket. Kai purchased a bottle of Men’s Skin Smoother for The Supermarket under the impression that the substance would moisturiser his rough skin. However, Men’s Skin Smoother caused a lot of damage to Kai’s skin and the injury left him with $40,000 of medical expenses and caused him to miss out on $30,000 of paid work. Both implied and expressed terms must be examined when determining whether or not Kai is able to seek damages, medical expenses and/or lost earnings from The Supermarket. The issues involving implied terms include that Kai relied on The Supermarket’s judgment to supply a moisturiser that was Fit For the Purpose. However, the product Men’s Skin Smoother caused damage to Kai meaning that its standard was not appropriate or necessary for Kais intended use. Therefore the product did not function properly and was not Fit For Purpose. The relevant legal principle for Fit For Purpose comes under the Trade Practices Act (TPA) 1974 s.71(2). This contract comes under the TPA under s4B where Kai has purchased the good for personal use and where the Supermarket has been determined as a service provider that is a trading corporation. In relation to the case Godley v Perry (1960) {345} simular facts apply. Godley purchased a toy plastic catapult from Perry. Godley relied on Perry’s judgment and skill in the selection of his product. The catapult...
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...Acknowledgement Acknowledgement - At first we would like to remember the name of the Almighty Allah who has created us and given us knowledge, time and energy for completing our reports. We eagerly and most genuinely would like to express our sincere gratitude to respected Faculty, (MD Saiful Islam Jilani) Lecturer, Department of Business Administration, Southeast University for overall supervision of this work, valuable suggestions, reviews and comments during the program. We are also extremely grateful to (Advocates abul hossen ) , Advocates of high court who has sacrificed his valuable time in providing me necessary information and made detailed comments that has contributed to the planning of this report. In addition, we gladly acknowledge the valuable cooperation and assistance we have received from the employees of high court. It will be really injustice if we do not thank them because without their cooperation we could not do anything. Table of content Part -1 • IMMOVABLE PROPERTY ONLY • SALE • MORTGAGE • LEASE • EXCHANGE • GIFTS • ACTIONABLE CLAIM Part – 2 • Definition of Mortgage • References to mortgagors and mortgagees to include persons deriving title from them. • Rights and Liabilities of Mortgagor Right of mortgagor to redeem. • Obligation to transfer to third party instead of re-transference to mortgagor. • Right to inspection and production of documents. • Right to redeem separately or simultaneously...
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...Sarah Estes Judith Wright Commercial Law 21681 Applied Learning Assignment #1 Indiana Code §9-21-8-59 states that no individual is to use their telecommunication device to type, send or read an electronic mail message or text message while operating a motor vehicle, unless said individual is using hands free, or voice operated technology, or reporting a legitimate emergency. It goes on to state that the police may not confiscate the device in question to obtain evidence of these communications without the consent of the driver unless the police officer has probable cause to believe that the device was used to commit a crime, or if the officer has a valid warrant for the device. This law impacts the delivery aspect of ABC Supply Company, because...
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...RSM225 – Assignment 2 Issues 1. Whether Frank had entered a contract with the caller? 2. How long is the offer available for? 3. What is the liability of the manufacturer for Frank’s injury? 4. Liability of on-line supplier for inappropriate advice about his product? 5. Whether Frank had made payment for securing the price or a 1st payment towards purchase? 6. What is the proper conduct for miscommunication? 7. Making a purchase when incapacitated? 8. Having received the wrong product and wrongly resold the wrong product. Legal Issues 1. When do you have an offer? a. The offer may lapse when the offeree fails to accept within the time stated in the offer, or if the no time limit is stated, within a reasonable time b. The offeror revokes the offer before the offeree has accepted c. The offeree rejects the offer or makes a counter-offer (which is in effect a rejection) d. The offeree accepts before any of the 3 above has occurred (in which case the offer ends and is replaced by a contract between the parties) 2. Lapse of offer a. When the offeree fails to accept within a time specified in the offer b. When the offeree fails to accept within a reasonable time, if the offer has not specified any time limit c. When either of the parties dies or becomes insane prior to acceptance 3. Product liability * Defective products causing injury * Dangerous products triggering a duty to warn 4. Negligent...
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...Reflection assignment In this assignment I will be using the Gibbs Reflective Model, reference, to reflect on an incident that occurred in placement that demonstrates an understanding of the Outcome : 3.1: Demonstrate that they respect diversity and individual preferences and value differences, regardless of their own personal views. To do this I will first, briefly describe the event, supporting my outline with relevant information. I will then explore the event, and discuss why it is important and how it relates to the learning outcome. I will also be discussing why materials such as law and guidelines say this is important. I will then proceed to analyse the incident by breaking it down and picking out the main features of the experience, discussing why they are important, whilst linking the main points together. I will attempt to think about opposing arguments to what I have explored, and discuss the advantages and disadvantages of the arguments. Finally I will be using SMART goals, to create an action plan for future development. Explain incident with evidence Whilst on a shift, we had an elderly patient arrive on the ward. The patient suffered from a Frank Haematuria, Colovesciular fistula as well as incontinence. It was suggested that the patient received surgery to have this corrected, but the patient refused surgery, stating that at his age he did not want to go through with it, and wanted to put a DNAR in place. I along with the other nurses respected his choice...
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...MEDIA REPORT ANALYSIS [1702 words] 1. Identify areas of law addressed in the chosen media report, and explain how they are relevant to the matters outlined in the report. This chosen article reports on the prosecution of the directors of a medical practice company called Medical Centre 2000 at Liverpool in Sydney for discriminating against a visually-impaired employee and underpaying her more than $20,000 for about 3 years. Civil Law Civil law can be illustrated in this case when workplace law and disability discrimination have been breached and the victim will be provided with legal remedies by the offenders. In the media report, it have been mentioned that doctors face criminal penalties for underpaying the disabled worker. As a result of this offence, they had to rectify the underpayment of the receptionist after legal proceeding was carried out. She also claimed monetary damages in cash as compensation for her loss and harassment. Corporations Law Medical Centre 2000 is a corporation which its business foundation is established, organised and administered regarding corporations law. It was discovered that the company and operators were breaching disability discrimination under the Fair Work Act. When the company received a disability worker subsidy, they were supposed to pay the blind receptionist a rate of $10-$17 per hour instead of paying less than $8 per hour. With that, they have breached their duties and have failure acting in good faith. In order to...
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...Assignment 1.05 Is it ethical for lawyers to use jail house informants to get a conviction if they’ve offered a deal to the incarcerated informant? The Innocence Project (http://www.innocenceproject.org/understand/Snitches-Informants.php), presents the case that in 18% of wrongful conviction cases overturned through DNA testing, an informant testified against the defendant at the original trial. An informant is defined as a witness who testifies as to statements made by a fellow inmate while both are in custody. These ‘witnesses’ are able to present information on a person’s guilt during a court case on the idea that they could only have gotten the information from the person that committed the crime, but this isn’t always true. The American Bar Association (http://www.americanbar.org/publications/criminal_justice_magazine_home/crimjust_spring2003_jailhouse.html) has information on Leslie Vernon White, an informant and perjurer that explained to a reporter how he fabricated evidence used to convict other inmates. This revelation led to the convening of a Los Angeles Grand Jury. The Fairness & Justice approach is probably best for this ethical question in particular. When it comes to fairness, you have to evaluate if the possibility of a case being strengthened is worth using information that might not even be true. It is in no way fair that someone who hasn’t committed a crime can have their rights taken away by someone else’s lies, and that no one is going to be held...
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