Introduction to Business Law Assignment- 20% Lecturer: Arthur Hoyle Tutor: Rosa Raco- Tues 4.30-5.30pm LEGAL ADVICE Subject University of Canberra – Breach of Contract and Damages matter You have sought my advice as to you rights under the original contact between your company, Peerless Computers and the University of Canberra, which you consider that the University has breached. Your company has requested advice as to whether a term such as delay by a third party can be successfully implied into the contract. Additionally, your company has sought advice as to whether the University can recover its additional costs arising from the failure to meet the obligations of the contract, and if so how much of these costs can …show more content…
This making the delivery later than that of the time specified in the contract of ‘no later than one week prior to the start of the next semester’. As mentioned above the delivery time was a condition of the contract and has a serious impact on the contract. As in the case of Possuard v. Spiers & Bond [1876] 1 QBD 410 services were required to be carried out by a specific date and it was a crucial part of the contract that this was to occur. When the acts were not carried out it resulted in a breach which entitled the contract to be repudiated. It seems as though this case would be similar to the case of Possuard v. Spiers & Bond and as such the University may not have breached their contract by cancelling as a breach had already occurred when your company was unable to deliver the goods on time. It would be reasonable to assume that your company left them with no alternate option other than to cancel as they were not offered any alternate solutions by your company. However, it should be noted that the University did cancel the contract in an abrupt manner and swiftly entered into a contract with another supplier, they should have at least tried to negotiate a solution to the issue with your company. This issue will be further explored in the
As Privy Council held in the case of "Wagon Mound (No 1)" that a party can only be held liable for damage that was reasonably foreseeable, the defendant should not be responsible for losses that are ‘too remote’ from the breach. It is obviously that the university could foresee that Brad have to quit his job to finish the degree and also need to pay for the fees.
Sesamware is a Japanese software company which is very popular for open source software. Sesamware got international approval with an online multiplayer fantasy dimension game, Para World in mid-1990. Para world was very popular in the world between 2001 and 2004. Firstly, it was installed as part of the bundle downloaded by hundreds of millions of gamers around the globe. The open source code helped to easily adapt every facet of computer life for all platforms and operating, networking, navigation and security systems.
-the reasoning: the letter agreement left the point of delivery up to future negotiation and was not specific to all essential terms. The letter was unenforceable agreement to agree and there was no contract.
1. Assume that the state of Ohio passed a hazardous waste statute, seeking to protect the general public and workers. The state statute did not violate the Commerce Clause because it imposed no restriction on interstate commerce. Both the state statute and the federal Occupational Safety and Health Act (OSHA) established job safety standards and specified worker training and employer licensing, but the requirements differed. Which statute(s) Ohio corporations had to obey? Pick the best ANALYSISwer.
1. Give an example of a case that would fall under diversity jurisdiction. Explain all of the key elements of such a case.
In the case in the text where someone purchased a used safe at an auction for $50, but
Effective management of follow-ups, managing shipping delays, and communicating updated information to the customer is key to our success. Part of this is renegotiating RDD’s with the customer if there are supplier delays, at this time the date in the system must be
this case could be an tricky in the court, because in the contract they only
3. For a crime to be committed, the prosecutor must be able to prove a criminal intent and an overt act to carry out that intent. Jack and Mary agreed to rob a series of banks. Prior to beginning their bank robbery spree, they were arrested and charged with criminal conspiracy. What act did Jack and Mary do that justifies a finding that they committed the crime? Explain.
In the case of Anthony, a New Jersey resident and owner of a waste disposal company in the state of New Jersey, and his two business associates, Paul and Silvio, whom suffered severe injuries due to a motor vehicle accident caused by a negligent truck driver; they have great standing to sue against the neglectful driver and the company associated with the ownership of the vehicle. Regardless of the diversity of their residency/ citizenship, the affected party can proceed to sue the corporation responsible for the damages caused by their staff and property; reason being that they are protected under the Constitution’s diversity of citizenship, and the privileges and immunities clause. Furthermore, these two constitutional clauses in addition to the commerce clause, dictate the court that the matter needs to be brought to.
Please answer the questions posed at the end of each case study in essay form. Each essay will be judged on your capacity to present strong, logical discussions that support your conclusions.
1. Assume ParaWorld was eventually ordered to cease and desist due to IP infringement. What category of IP has ParaWorld most likely infringed? Explain the actions that constitute such an infringement. (5 Marks)
He may also feel that the contact was breached and he is owed restitution. Marshall in this disagreement should first attempt to resolve this dispute without pursuing any legal action. He could use his faith and biblical teachings, to show errors of ways. He could argue the contract unenforceable due to fraud and inept execution, if he must rely on legal relief. The business relationship is best suited to be served also. The common law duty is to always act in good faith. Good faith performance is an implied agreement in nearly every contract in American common law jurisdictions (Burton, 1980). In the contract in question the promise was made, upholding an expectation of receiving the terms agreed upon in the contract. The issue is to act in good faith or to enforce the law. Marshall can secure not only supply, price, but also control of the benefits earned by his supplier. From a legal aspect, Marshall has acted in bad faith. A minor capacity to sign a contract is the bad faith act on Marshall’s part.
that the document did not appear to be contractual. In D J Hill and Co
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.