INDUSTRIAL COURT OF MALAYSIA CASE NO: 26(28)/4-32/08 BETWEEN ENCIK FOO JEE HUAH @ FOO CHEE WAH AND C-PAK CERGAS SDN BHD AWARD NO: 1215 OF 2011 Before Venue : : Y.A. Tuan Ahmad Terrirudin bin Mohd Salleh - Chairman Industrial Court Malaysia, Kuala Lumpur 14.11.2007 25.02.2008, 04.07.2008, 12.03.2009, 13.05.2010, 07.04.2008, 07.05.2008, 06.06.2008, 14.10.2008, 13.01.2009, 12.02.2009, 07.10.2009, 15.12.2009, 26.01.2010, 06.09.2010 & 12.10.2010 Date Reference : Dates of Mention : Dates of Hearing
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Solution: 1.) Application of the CISG 1. It is a contract of sale of goods (art.1 par. 1) 2. Places of business in different states – United States and Italy (art. 1 par. 1) 3. Both are member countries under the CISG (art. 1 par. 1a) 4. No kind of contracts excluded by art. 2 5. No exclusion of the by the contract partners (art. 6) → CISG will apply 2.) Validity of the contract 1. Valid contract (art. 14/15) 2. subcontraction was not exluded → valid contract 3.) Compensation for damage 1. loss occured
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A. Torts 1. Compensatory and Punitive Damages Tort law involves civil liability between private parties. A plaintiff who wins a tort suit usually recovers the actual damages or compensatory damages that she suffered because of the tort. Depending on the facts of the case, these damages may be for direct and immediate harms, such as physical injuries, medical expenses, and lost pay and benefits, or for harms as intangible as loss of privacy, injury to reputation, and emotional distress. In
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compensation for the breach of contract to the plaintiff firm? Section 16 of the Sale of Goods Act, 1930 clearly stated: Subject to the provisions of this Act and of any other law for the time being in force, there is no implied warranty or condition as to the quality or fitness for any particular purpose of goods supplied under a contract of sale In the case of Dharmpal & Co, Agra v. Firm Kila Gatla Ram Chandra Rao & Co , the court held that the buyer cannot repudiate the contract of sale on account
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relation to the law of contract: (a) Explain the interface between a voetstoots contract and aedilitian remedies for a latently defective article. (7 marks) (b) State whether the current law adequately caters for the present day demands of commerce in Zimbabwe. (3 marks) (10 marks) 3 In relation to the law of contract: (a) Explain the term breach of contract and the forms it usually assumes. (5 marks) (b) Briefly explain the major remedies available for breach of contract in Zimbabwe. (5 marks)
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IRAC Method of Case Study Analysis Nsima Etok and Christopher Dunbar Business Law 531 March 31 2015 Gregory Martins Introduction In any type of business, whether it is partnership, Limited Liability Company (LLC) and or a Corporation, these are seen as different types of businesses that involves one, two or more People. The same is implied to businesses that are operated internationally between different Companies and Organizations across the globe which deals with
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GOODS ACT Contract of sale: A contract of sale of goods is a contract where by the seller transfers OR agrees to transfer the property in the goods to the buyer for a price. Such a sale may be absolute OR conditional. Where under a contract of sale the property in the goods is transferred from the seller to the buyer the contract is termed as sale. Where the transfer of property in the goods is to take place at a future date OR after certain conditions are fulfilled the contract is termed as
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non-breaching party will still be able to get damages, however, for any loss occasioned by the breach. the contract may be discharged by an agreement to make a mutual recession, or the parties may agree to a novation. A novation will substitute a new party for an original party. However, this requires the agreement of both parties. statute of limitations governs how long a party has to enforce a breach of contract action. This period of time will vary from state to state. the doctrines of impossibility
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BSAD 341: BUSINESS LAW Semester: Fall 2011 Assignment # 2 - Case Study - Contract Law The Postal rule is an exception to the general rule of contract law in regard to the acceptance, which states that “acceptance in not effective until communicated to and received by the offeror”. The postal rule states that, by contrast, that acceptance takes effect when a letter is posted. The rationale given for the rule is that both parties nominates the post office as implied agent and therefore receipt
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SYSTEMS, INC, INC. DATA PROCESSING AGREEMENT This DATA PROCESSING AGREEMENT is made and entered into as of the 1st day of August 2008 by and between Big Bank and Systems, Inc. In consideration of the mutual promises and covenants contained herein, the parties hereto agree as follows: 1. DATA PROCESSING SERVICES. Systems Inc. agrees to render to Big Bank the data processing services described on Exhibit "A" (the "Services") for the term of this Agreement, and Big Bank agrees to purchase
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