Case Analysis : Auto Supplies Pty Ltd V Selfridge & Co Ltd. Essay

Equity is that part in the law that moderates the harshness of common law and statute and because of this persons seeking assistance from an unconscionable transaction have been able to find relief through equity. Although equity only appears in the most repugnant of situations, it comes as in disbelief, that the courts would consider a newer level of standard for unconscionability. The following paper considers the effect of the statement made and the ramifications of the statement through equity.

The plaintiff (Southern Prestige Industries, Inc.) initiated an action against the defendant (Independence Plating Corp.) in a North Carolina state court for a breach of contract. The plaintiff alleged that defects in the defendant’s anodizing process caused the plaintiff’s machine parts to be rejected by Kidde Aerospace. The defendant being a New Jersey corporation and having its only office and all of its personnel situated in the state filed a motion to dismiss citing lack of personal jurisdiction. The trial court denied the motion and the defendant appealed arguing that there were insufficient contacts to satisfy the due process of law requirements

"Generally, a plaintiff seeking to pierce the corporate veil must show that complete domination ' was exercised over a corporation with respect to the transaction attacked, ' and that such domination was used to commit a fraud or wrong against the plaintiff which resulted in plaintiff’s injury '" (Williams v Lovell Safety Mgt. Co., LLC, 71 AD3d

Case Study of case 69 A.D.3d 413: Yun Tung Chow vs. Reckitt & Colman, Inc.

In Australia, whilst the professions are divided between lawyers and attorneys, the obligations are not very different.

In this case, Success Assets Pty Ltd (Success) borrowed money from Statewest Credit Society Ltd (Statewest) to purchase land, and the land was mortgaged as security. The plaintiff entered into a guarantee in favour of Statewest which secured the loan and all future loans from Statewest to Success. Success used money borrowed from Home Building Society Ltd (Home) to pay the loan from Statewest. Statewest’s rights under the guarantee (which includes those relating to future loans) and Home’s rights under the were transferred to the defendant, Bank of Queensland (BOQ).

In this case, Kallessi Mc Tavish is the principal, Maya Stork is the agent and the new suppliers are the third party. Firstly, this is a case of ratification as all the requirements of ratification are met, i.e. there is a clear principal in existence. This requirement can be contradicted with the case of Kelner V Baxter 1866 LR 2 CP 174, where the directors ordered goods before the company was even formed and so could not be held to pay for the goods. Principal is in capacity. Ratification is timeous and can be contradicted with the case Goodall V Bilsland 1909 SC 1152, where the solicitor had 10 days to appeal against a license renewal of a wine merchant and won the case but the wine merchant appealed against this as the solicitor didn’t

Case Analysis: Blanchard Importing and Distributing Co. Inc. (HBS Case 9 - 673 - 033)

There was insufficient evidence to demonstrate that Barnes did understand the label to constitute a representation in the form suggested. It was found that Glendale was negligent and in all circumstances, it was considered there was a duty on Glendale to include in the packaging a warning as to the consequences of using corrosive product with hot water in a confined space such as a drain. There was no specific defect with the caustic soda but the issue is whether it was defective within the meaning of Section 75AC. It was found by the court the label to be defective within the meaning of section 75AC.

Jon Fries, Fletcher Anderson, Craig Schuster, and Catherine Sprauer are the main figures in this case and they had important responsibilities in F&C International, Inc.

Case Analysis: Blanchard Importing and Distributing Co. Inc. (HBS Case 9 - 673 - 033)

The leading cases, CIR v Mitsubishi Motors Ltd [1995] and Commissioner of Taxation v James Flood Pty Ltd [1953] that reflect a taxpayer

Strengths of this brand include: it is the 4th largest marketer, brand longevity, and it has a large/high awareness in big cities. Its’ weaknesses are: low market share, low market coverage, limited bottlers’ network, relatively low advertising

How has Aurora Textile performed over the past four years? Be prepared to provide financial ratios that present a clear picture of Aurora’s financial condition.

Hanover-Bates Chemical Corporation produces chemicals for the chemical plating industry. It has plants in Los Angeles, Houston, Chicago, and Newark. The production process involves taking chemicals purchased from other suppliers and mixing them into user-based formulas. The Hanover-Bates has a strong balance sheet and trades on the over-the-counter market. There are seven sales districts within the organization with a total of forty sales representatives. Each receives a salary, fringe benefits, and commissions of 0.5 percent of their dollar sales volume up to their sales quota. Field sales efforts are extremely important and quality control is critical with supplying the plater with the