Charlie is going to rescind the contract. He demands return of his money and compensation for the loss of commission on several high profile sales of his business. He wants to rescind the contract because the package of software recommend by Carmine was obsolete, despite Carmine’s assurances. This problem is concerned with the contents of the contract which is term in the contract, the misrepresentation and unconscionable conduct. Charlie will claim that Carmine verbal assurances about the condition of the package of the software which recommended by Carmine was unable to utilise the Land Titles Office’s electronic lodgement of documents. Carmine will refer to the written contract which contains a clause that there is no warranty …show more content…
This is an area difficultly for Charlie because the written contract does not record the oral promissory made by Carmine. Charlie asked Carmine that is the software suitable for his company use and Carmine has assured Charlie that it is suitable for his company but this is not written in the contract. Charlie has signed the contract without noticing that parol was not recorded in the written contract. If he sign the contract that means he has confirm the contract. Charlie would succeed in an action for misrepresentation. Carmine has made a statement of fact about the package of software (‘this package is widely used by several of well-established real agencies in South Australia wand was more than adequate for a small agency’) that is false and which has induced Charlie to signed and entered the contract. As a result of Carmine misrepresentation Charlie has suffered loss and damage of his company. It is fraudulent misrepresentation because Carmine knew that the package of software had already obsolete and had lie to make the sale. Charlie can rescind the contract and claim loss in the tort of deceit: Derry v Peek- Graw 12.7.2). Charlie can rescind the contract for unconscionable conduct. Carmine has destroyed the inequality in bargaining power that exists between him and Charlie. He is in much stronger position as a software dealer compared to Charlie who is in the weaker position as he just has basic
Section 52A (2) (b) of the CA, implies prescribed terms, conditions and warranties into the contract. Regulation 8 of the CSOLR directs us to these prescribed warranties in Schedule 3. Clause 1(d) implies a warranty into the contract that other than those disclosed within the contract there is no matter in relation to any building or structure on the land that would justify the making of any upgrading or demolition order or, if there is such a matter, a building certificate has been issued in relation to the building or structure since the matter arose.
At this point the factory is operating at a capacity like never before. They have been shipping a record number of orders in a record amount of time. All of the orders past the shipping date have been completed and shipped. They are now shipping current orders on-time and early in in some cases. Now that the plat is responding better to market demands, Alex can focus on sales throughput, and gets the division sales manager, Johnny Jons, to market his plant's improved capacity. Together they manage to tie down a major contract
Roger Berg, the Vice President for Planning of the Lake Corporation, had to recommend a subcontractor for the environmental study project in connection with their planned large resort. The contract has been decided in principle to be awarded to Ceil Grant, one of their regular subcontractors. However, after a lunch conversation with Del, who represented a larger contractor firm, Roger changed his mind, now recommending Del’s company to take on the project instead. Faced with a situation of moral dilemma, he has to decide what would be the right thing to
In the short-term, the milestone payments represent a known and assured series of cash inflows to Raisio for its intellectual property. Raisio incurs no direct expenses related to these payments; they are simply returns on the intellectual property held by Raisio, and in which it has invested years of capital and intellectual resources to create. On a continuing basis, as Benecol gains wider and wider acceptance and distribution, Raisio would continue to provide all of the stanol estor Benecol’s key chemical ingredient manufactured by Raisio alone assuring a continuing sale at an acceptable transfer price. Note that this is more consistent with Raisio’s traditional core competencies, the manufacturing of industrial chemicals. (By the way, students may be surprised to find that margarine is generally regarded as a chemical product.) Over the life of the agreement Raisio would receive a royalty payment calculated as a percentage of the final retail product price of any product containing Benecol. This is a very attractive element of the agreement to a company like Raisio, as it in no way requires Raisio to be involved or concerned with the variety of different products or ways in which it may finally be distributed. As such, it simply reaps an income stream on the basis of sales, not profitability.
I will take a step by step analysis of the situation between Brenda and Albert. Firstly, I will advise Brenda and afterwards Albert. I will present the facts chronologically, as given to me, and advise on each issue individually with supporting evidence. I will refer to court cases and legislation such as Consumer Rights Act 2015, Sale of Goods Act 1979, The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 and Unfair Contract Terms Act 1977. I will conclude by stating that despite the overwhelming evidence against Albert, supported by precedent court cases, there is no legal contract between the parties. I will provide Albert with legal advise assuming both business to business and business to consumer
As you know, eight months ago we entered into a contract with Citizen-Schwarz AG to create custom e-banking software. The agreed contract outlined the details of the arrangement, including on-schedule delivery and quality of the deliverables, strong communication between both parties, procedures for any changes in the system requirements, intellectual property rights, and dispute management procedures. Depending on our performance, we were projecting to gain an additional contract with C-S’s larger e-CRM order. Unfortunately, the original contract was filled with ambiguity from the start that increased the risk factor for both parties.
At the end of the scenario, BTT states that it is not interested in distributing Chou’s new strategy game, Strat. Assuming BTT and Chou have a contract, and BTT has breached the contract by not distributing the game, discuss what remedies might or might not apply.
With respect to the case where a contracted party, the software company, failed to obtain corporate seal asked by its contracting party prior to payment then made the decision to terminate the contract given the fact that the contracting party did not issue payment within certain period of time, this essay will analyze and explain whether the contracted firm is entitled to terminate the contract under the given circumstance. Base on the relevant legal principles and precedent discussed below, the software company is not entitled to terminate the contract and its conduct leads to a breach of contract.
The problem was Chuck asked Bruce to not put the fee for the extra equipment on the lease. He told Bruce that because of the strictness of Mid South’s policy about what they would pay for on a company car. He wanted Bruce to spread the cost equivalently over all four units in the lease rate. Bruce has made a mistake since he decided to do this. Bruce tried to make the fairness business dealing by creating a win-win situation for himself and his client. However, his mistake was violating honesty in the concept of business ethics to make profit. He was followed Chuck’s advice to take advantages of the business dealing through dishonest pricing.
1. The Sales Rep. A sales representative for a struggling computer supply firm has a chance to close a multimillion-dollar deal for an office system to be installed over a two-year period. The machines for the first delivery are in the company’s warehouse, but the remainder would have to be ordered from the manufacturer. Because the manufacturer is having difficulty meeting the heavy demand for the popular model, the sales representative is not sure that the subsequent deliveries can be made on time. Any delay in converting to the new system would be costly to the customer; however, the blame could be placed on the manufacturer. Should the sales representative close the deal without advising the customer
The vendor e-mails Jane the software in a ZIP file and instructs her on how to install it. At the initial installation, Jane is asked to acknowledge and electronically sign the license agreement. The installed system does not ask Jane if she wants to make a backup copy of the software on diskettes, so as a precaution, Jane takes it on herself and copies the ZIP files sent to her onto a set of floppies. She stores these floppies in her desk drawer.
Contract Law Case Study Both the parties in the question have come to a problematic situation
Introduction: In this assignment I will go over a few legal terms in relation to contract law. I will also talk about a few precedents that help explain the law.
The legal environment is faced with a lot of challenges, there was an offer and acceptance, an intention to create a contract, a consideration, legal capacity of both parties,
1. The Sales Rep. A sales representative for a struggling computer supply firm has a chance to close a multimillion-dollar deal for an office system to be installed over a two-year period. The machines for the first delivery are in the company’s warehouse, but the remainder would have to be ordered from the manufacturer. Because the manufacturer is having difficulty meeting the heavy demand for the popular model, the sales representative is not sure that the subsequent deliveries can be made on time. Any delay in converting to the new system would be costly to the customer; however, the blame could be placed on the manufacturer. Should the sales representative close the deal without advising the customer