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explain Immunities in which liability can be limited for both parties under the Hague- visby rules.
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- In which type of Contract is there a "lack of meeting of the minds?" a) Bilateral b) Unilateral c) Fraudulent d) Oral 2. Generally where a unilateral mistake is made in a Contract, the Contract will still be enforced, except where the non-mistaken party was aware of the mistake. a) True b) False 3. A home builder misjudges the cost of the windows to be installed in the house. This is: a) Bilateral mistake leading to rescission. b) Unilateral mistake which can be corrected. c) A mathematical mistake which is correctable. d) An error of judgment, not correctable. 4. "Sign or I'll kill you" is an example of: a) Undue Influence b) Misrepresentation c) Duress d) either a or b 5. An attorney who over a period of time convinces an elderly widow to deed…11. In a contract that calls for goods to be delivered, the UCC has a presumption in favor of: Group of answer choices -A destination contract -A shipment contract -A quasi-contract -An oral contract 15. The Uniform Commercial Code defines “good faith” as Group of answer choices -honesty in fact -caveat emptor -whatever the parties agree to -the UCC does not define good faith 22.Ghazi has received a shipment of goods, but determined that 20% of the goods are defective. Under the Perfect Tender Rule, she can -accept the entire order -reject the entire order -keep the conforming goods and return the defective ones -all of the above.Under our NCC, an heir may institute an action for rescission of a rescissible contract in his capacity as a representative or successor-in-interest of a person who suffers from lesion or of the creditor who is defrauded. Suppose, however, that it can be established that the decedent, during his lifetime, entered into a contract with another in order to defraud him of his legitime, can he institute an action for the rescission of such contract after the death of the decedent?
- Vuitton, a French corporation, manufactures high-quality handbags, luggage, and accessories. Crown Handbags,. a New York corporation, manufactures and distributes ladies’ handbags. Vuitton handbags are sold exclusively in expensive department stores, and distribution is strictly controlled to maintain a certain retail selling price. The Vuitton bags bear a registered trademark and a distinctive design. Crown’s handbags appear identical to the Vuitton bags but are of inferior quality. May Vuitton recover from Crown for manufacturing counterfeit handbags and selling them at a discount? Explain.Determine the buyer’s and seller’s responsibility in a commercial transaction. Unvergleichbar Gesellschaft AG, based in Bremen, Germany buys raw diamonds from Diamants Stornoway based in Longueuil, QC, under the following terms: Terms of sale: DPU Flughafen Frankfurt am Main, Deutschland, Incoterms 2020: a)In that situation who is obligated to purchase cargo insurance for the cargo?Firm A is having financial difficulties. It delivers goods to a carrier for shipment to a foreign buyer, obtains a Bill of Lading (BOL), and negotiates the document to the buyer. In the meantime, a creditor of the seller attempts to put a lien on the goods to satisfy it debt. In this example whose property claim to the delivered goods will prevail? a. Firm A b. The buyer c. the creditor d. They have equal claims and the dispute needs to be submitted to court for final resolution
- Discovery. Advance Technology Consultants, Inc.(ATC), contracted with RoadTrac, LLC, to provide software and client software systems for the products of globalpositioning satellite (GPS) technology being developed byRoadTrac. RoadTrac agreed to provide ATC with hardwarewith which ATC’s software would interface. Problems soonarose, however. ATC claimed that RoadTrac’s hardware wasdefective, making it difficult to develop the software. RoadTrac contended that its hardware was fully functional and thatATC had simply failed to provide supporting software.ATC told RoadTrac that it considered their contract terminated. RoadTrac filed a suit in a Georgia state court againstATC alleging breach of contract. During discovery, RoadTracrequested ATC’s customer lists and marketing procedures.ATC objected to providing this information because RoadTrac and ATC had become competitors in the GPS industry.Should a party to a lawsuit have to hand over its confidential business secrets as part of a…Determine the buyer’s and seller’s responsibility in a commercial transaction. Unvergleichbar Gesellschaft AG, based in Bremen, Germany buys raw diamonds from Diamants Stornoway based in Longueuil, QC, under the following terms: Terms of sale: DPU Flughafen Frankfurt am Main, Deutschland, Incoterms 2020: a)On his way to Europe, over the Atlantic Ocean, the airplane disappears from the radar and never arrives in Germany. Who bears the risk?31 - Which of the following bear only the obligations of being a trader?A) Government official who has established a commercial enterprise although it is prohibited to engage in commercial activitiesB) A pharmacist operating a pharmacy without the permission of the Ministry of Health.C) A 15-year-old person who runs a business on his behalf, even partiallyD) A 25-year-old person who runs a business on his behalf, even partiallyE) A person who acts with third parties in good faith on behalf of a company that does not exist legally
- Together We Stand is an organisation that owns land in Soweto. They accidentally accept an offer submitted by Bongani to purchase Erf 231 in Soweto when in fact, they had instead intended to accept the tender which was submitted by Vusi to purchase the erf directly next door, Erf 233. Bongani is unaware of the mistake made by Together We Stand.Together We Will stand cannot be held liable in terms of the contract with Bongani as the mistake was a material one. Write a legal opinion in which you critically analyse the correctness of the above underlined statement.How are duties discharged by a party under a contract?Determine the buyer’s and seller’s responsibility in a commercial transaction. Unvergleichbar Gesellschaft AG, based in Bremen, Germany buys raw diamonds from Diamants Stornoway based in Longueuil, QC, under the following terms: Terms of sale: DPU Flughafen Frankfurt am Main, Deutschland, Incoterms 2020: a)The buyer asks for a last minute change before approving the transaction. He no longer wants to clear the shipment at German customs, want the diamonds to be delivered at DHL warehouse in Bremen. How should Incoterms be modified so as to reflect those changes?