16.1 Specific Performance The California and Hawaiian Sugar Company (C&H), a California corporation, is an agricultural cooperative owned by 14 sugar plantations in Hawaii. It transports raw sugar to its refinery in Crockett, California. Sugar is a seasonal crop, with about 70 percent of the harvest occurring between April and October. C&H requires reliable seasonal shipping of the raw sugar from Hawaii to California. Sugar stored on the ground or left unharvested suffers a loss of sucrose and goes
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16.1 Specific Performance The California and Hawaiian Sugar Company (C&H), a California corporation, is an agricultural cooperative owned by 14 sugar plantations in Hawaii. It transports raw sugar to its refinery in Crockett, California. Sugar is a seasonal crop, with about 70 percent of the harvest occurring between April and October. C&H requires reliable seasonal shipping of the raw sugar from Hawaii to California. Sugar stored on the ground or left unharvested suffers a loss of sucrose and goes
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Judgement: The answering of above questions will get us the answer for the suit. 1. Section 16(c) of the Contract Act provides answer t this problem. It mandates that Person to aver in the plaint and establish the fact by evidence aliunde that he has always been ready and willing to perform his part of the contract. Distinction between “readiness” and “willingness” is that the former refers to financial capacity and the latter to the conduct of the person wanting performance . Person’s readiness
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Notes for November 7, 2014 Bus Law Review on Sunday 1 pm Practice test and study guides √ out When performance is impossible * Objective impossibility -key person is incapacitated -subject matter is destroyed -change in law makes it illegal * Commercial impracticability Ex. Farmer, crop is destroyed, cant make delivery, so the court rules is that your perfom is discharge. * Frustration of purpose Ex. Hire you to teach marial arts.. I have an accident.. my first lesson
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Breach of Contract & Remedies 1 Breach of contract Nature of breach A breach of contract occurs where a party to a contract fails to perform, precisely and exactly, his obligations under the contract. This can take various forms for example, the failure to supply goods or perform a service as agreed. Breach of contract may be either actual or anticipatory. Actual breach occurs where one party refuses to form his side of the bargain on the due date or performs incompletely. For example: Poussard
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Issues 1.) Was there a contract between Adam and Pecut Laju Sdn Bhd? 2.) Was there an accident or arise naturally as a result of the breach? 3.) Whether the Adam’s reason is too remote? 4.) Whether Adam will be able to claim the loss from Pecut Laju Sdn Bhd? Law According to the S.74 damages which is the cash compensation by a court or another’s fault or negligence in suffering, the rules for damages can and frequently do vary based on the type of claim which is presented. There are many
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Trust Equity & Fiduciary Relationship DELAY DEFEATS EQUITY Vigilantibus non dormientibus aequitas subvenit INDEX OF AUTHORITY BIBLIOGRAPHY * Equity, Trusts and Specific Relief, B.M. Gandhi, 4th Edition, 2007 * Snell’s Principles of Equity, p. 33 * Frunk and Wagnalls Standard Hand Book. Fernald J.C, 1973 * Black’s Law Dictionary, 9th Edition, 2009 INDEX OF CASES * Allcard v Skinner (1887) 36 Ch D 145 * Lindsay Petroleum Co. v Hurd (1874) LR 5 PC *
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bearing no reasonable relationship to the value of performance, to be paid by the breaching party in the event of default or breach. Penalty provisions are rarely enforceable. EQUITABLE REMEDIES In addition to the various types of money damages, there are several equitable (i.e., non-damage) remedies available. Rescission: Canceling a contract and returning the parties to their pre-contract position. Restitution: Returning goods, property, or money previously transferred in order
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Overtrading WARMAH.COM - 1 - Overtrading Overtrading is sometimes referred to as under capitalisation; it is a term that is used to refer to a situation where an organisation is having increasing trading or business activities, especially where trading is made on credit sales without sufficient funds (capital) to support such increasing trading activities. This is where company has increasing sales volume, usually with lots of customers buying on credit (sometimes with more extended credit
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Inventory Management Professor Operations Management BUS430 February 26th, 2015 Managing inventories is integral to a company’s success. Having too much inventory can cost the company a lot of money and having too little can be costly by losing out on customers. It is a juggle for managers to find the right balance in accurately managing inventory. Not only do they have to make sure that they can meet the demand of the customer but they also have to cost effective. Two companies that manage
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