Legal Case Study Tom agrees to give Ellen private tuition for her Law of Contract examination to held in eight months time. The fee is £300, of which Ellen pays £25, with the balance to be paid on completion of the tuition. Tom spends £50 in the preparation of some printed tuition notes. After two months Tom goes to Spain for a week long holidays at Christmas. Whilst on the holiday he is arrested, having been mistaken for Tim, and detained for two months. On his return he discovers that Ellen has …show more content…
This test was upheld in Pinoeer Shipping Ltd v BTP Tioxide and National Carriers v Panalpino. Here Ellen has engaged Tom as a tutor for eight months but for 2 of the months he has been detained in Spain. The personal nature of Tom is significant for performance of contractual obligation, Condor v The Barren Knight from the facts of the case the detention of Tom is not as a result of self induced as he was mistakenly detained Maritime National Fish v Ocean Trawlers. However the burden of proving lies on the person alleging frustration ie Ellen Joseph Constantive v Imperial Smelting Further on behalf of Tom it can be said that the contract is still possible of performance on his return as such a contract is not frustration automatically unless it is inordinate and unexpected delay. This is know as frustration of later date International Sea Tankers v Hemisphere Shipping. Ellen does not know how long would Tom will be detained as such it is justifiable for Ellen to engaged another tutor. Here Ellen has suffered 2 month delay and further delay would significantly changes the nature of obligation which the party contemplated. Jackson v Union M.I But on the other hand the facts is not clear as to when Ellen exactly engaged the second tutor ie to fulfill the principle of “ Wait and see” Shipping Ltd v BTP
Mr. Potbelly holds a garage sale at his home. Mr. Slim Jim stops by the sale and upon noticing a rare piece of art pottery offers a price of $100 for the art that is marked $250. Mr. Potbelly accepts Mr. Slim Jim’s offer. Mr. Potbelly informs Mr. Slim Jim he is selling his home because he is moving up north because he has lost his job. Mr. Slim Jim asks how much he is selling it for and Mr. Potbelly informs him he is thinking $75,000. Mr. Slim Jim offers him $70,000 cash for the property which Mr. Potbelly immediately accepts the offer. Mr. Slim Jim informs Mr. Potbelly that he will be back in one hour with a cashiers’ check made payable to Mr. Potbelly. Mr. Potbelly says “Great!” and that while Mr. Slim Jim
1) Since the injured plaintiff was not wearing a seatbelt, why is Ford being sued for failing to test the seatbelt sleeve?
b. What medium would you use to reach each of these parties and what would your relative resource allocation be to each?
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.
In any case... just in light of the fact that she truly needs him to, he can't. Tom needs to state yes, hes eager and
In this paper I am going to identify some the legal and ethical issues in My Sister’s Keeper. Some of those issues include emancipation of a minor, genetic engineering, and limited termination of parental rights. I will be giving my opinion on these matters also.
Seven years later, the Supreme Court, in Ewing, revisited the question of whether a university student has a property interest in his education. In Ewing, the University of Michigan dismissed a student for failing an
In closing, Justice Abe Fortas and Justice Hugo Black both give valid testimony for their side of the argument; however, Fortas’ profusion of cited evidence outweighs Black’s mainly opinionated case. And even though this may seem like just another court case to be cited one day, it can go a long way in protecting students’
The court deciphering between criminal negligence and recklessness. Criminal negligence being a person failing to perceive a substantial and unjustifiable risk that the result will occur or that the circumstance exists. The risk must be of such nature and degree that the failure to perceive it constitutes a gross deviation from the standard of care that a reasonable person would observe in the situation.
regularly about going into town with Tom, she is happier with Tom. If it was not for the
Build the management-research question hierarchy, through the investigative questions stage. Then compare your list with the measurement questions asked.
6. If the company decides to go ahead with the targeted stock issue, what specific provisions or features should the stock include to ensure maximum value creation? How closely would you model USX’s targeted stock on GM’s alphabet stock?
a. What risk-free rate and risk premium did you use to calculate the cost of equity?
The following are the factors that created an opportunity for Bob Reiss and TV Guide game:
Throughout the United States there are many different laws among the fifty states that make up this union. The laws are different throughout the states because of the need of the laws. Living in one state and not having the advantages or disadvantages of a law in another state would not be that unfair or unequal. This is true because if you don’t like a law in your state you could always fight it and try to change it or you could always move out of that state and go to one that has the laws that you like.