Rohan started a ‘self -service’ system in his shop. Rahul entered the shop, took a basket and after taking articles of his choice into the basket reached the cashier for payments. The cashier refuses to accept the price. Can Rohan be compelled to sell the said articles to Rohan? Decide
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Rohan started a ‘self -service’ system in his shop. Rahul entered the shop, took a basket and after taking articles of his choice into the basket reached the cashier for payments. The cashier refuses to accept the price. Can Rohan be compelled to sell the said articles to Rohan? Decide.
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- Bob went out with his friends to celebrate his birthday. They went to a bar where they drank copious quantities of alcohol. In the morning, Bob had not slept and was still obviously intoxicated. He found his way to a car dealership near his house and entered into a contract to buy a Mercedes Benz SUV for the cost of $140,000.00. The car salesman could smell alcohol on Bob's breath, he noticed his eyes were bloodshot and "glossy" while they were signing the papers relating to the sale, and when Bob left he could see that he was unsteady on his feet. Bob left the dealership and went home and went to bed. He slept for two days. The car salesman from the dealership called Bob 4 days later to tell him that his vehicle was ready for pick up. Bob had no memory of the buying any car. In these circumstances:A. the contract is void ab initio because Bob lacked capacity to contract due to his intoxicationB. Bob can avoid or repudiate the contract within a reasonable time after he regains capacity…Carol White ordered a $225 pair of contact lenses through an optometrist. White, an emancipated minor, paid $100 by check and agreed to pay the remaining $125 at a later time. The doctor ordered the lenses, incurring a debt of $110. After the lenses were ordered, White called to cancel her order and stopped payment on the $100 check. The lenses could be used by no one but White. The doctor sued White for the value of the lenses. Will the doctor be able to recover the money from White? Explain.A man named Bob Smith believes that he is Santa Claus (who delivers presents to all the children around the world on Christmas Eve). In fact, he is not Santa, but he has believed this for many years. He signs his name "Santa." He signs many contracts as "Santa," and he refers to his wife as "Mrs. Claus" even though her name is actually Betty Smith. She puts up with it, because he really does believe he is Santa, and because she loves him and because his wages from his job at Hasbro toys pays the bills. One day he enters a contract with your company to hire you to build him a gigantic workshop in his backyard so he can build his toys and stable his "eight tiny reindeer." In return he will pay you $120,000 for the construction. When his wife learns of this deal, she tries to reject it because it is voidable due to his lack of contractual capacity. Was this contract voidable, or valid and enforceable? Answer the questions.
- A man named Bob Smith believes that he is Santa Claus (who delivers presents to all the children around the world on Christmas Eve). In fact, he is not Santa, but he has believed this for many years. He signs his name "Santa." He signs many contracts as "Santa," and he refers to his wife as "Mrs. Claus" even though her name is actually Betty Smith. She puts up with it, because he really does believe he is Santa, and because she loves him and because his wages from his job at Hasbro toys pays the bills. One day he enters a contract with your company to hire you to build him a gigantic workshop in his backyard so he can build his toys and stable his "eight tiny reindeer." In return he will pay you $120,000 for the construction. When his wife learns of this deal, she tries to reject it because it is voidable due to his lack of contractual capacity. Was this contract voidable, or valid and enforceable? explain the answer.Kate owned a small grocery store. One day John went to the store and purchased a can of chip dip that was, unknown to Kate or John, adulterated. John became seriously ill after eating the dip and sued Kate for damages on the grounds that she breached an implied warranty of merchantability. Is Kate liable? Why?Pandelani is a farmer just outside East London and he is interested in buying another tractor but can only afford a second hand one. He comes across an advert placed in the Farmer’s Weekly magazine by Wouter, who resides in Gqeberha, to sell his second‐hand John Deere CX60. Pandelani emails Wouter to enquire about the availability of the tractor and Wouter replies that it is still available, after which Pandelani makes an offer. Wouter emails Pandelani his letter of acceptance on the 20th May 2019. Wouter’s email enters Pandelani’s Gmail account also on the 20th May 2019. On the 25th May 2019, Pandelani logs into his Gmail account while at a prestigious sheep auction in Bloemfontein and reads Wouter’s email of acceptance. Indicate when and where the contract between Pandelani and Wouter came into existence in this instance.
- Happee offered to sell her laptop to Kofi Brokeman for GH¢1,200 and Kofi Brokeman replied by offering to purchase the laptop for GH¢600. Happee refused to sell for GH¢600. Kofi Brokeman then wrote to Happee agreeing to pay the said GH¢1,200 but she still refused to sell. Happee immediately sold the laptop to her boyfriend, Kwame Showboy at GH¢300.Kofi Brokeman sued Happee for breach of contract. what is the relevant laws here?Case: Mr. Allahditta who runs a general store at Jodia Bazar, a customer namely Mr. Arif visited his shop and demanded 100 bags of Basmati rice, Mr. Allahditta demanded Rs. 3,000/- per bag. Mr. Arif accepted the same price & paid the whole amount, he also instructed to deliver in his godown which is located at the site area on the next day, however, Mr. Allahditta delivered on the same day at the given address. Whether Mr. Allahditta violated any law, as he did not deliver on next day? Yes or No? Give reason to support your answer in Part A?June is a 26-year-old woman. She is married but separated from her husband, whom she describes as frighteningly controlling, emotionally abusive, and sometimes physically abusive. When her husband left, he took their 5-year-old twin daughters with him, but only a few days later returned the girls to June an left again. June does not know where he is. He emptied their checking account, which never had much in it anyway, and they had no savings. Her rent and utilities are paid up through the end of the month, but she now needs to arrange for childcare so that she can continue to work. She has come to your agency for assistance. Review the discussion of customers, consumers, and clients in your text. How would you understand June as a customer? What does perceiving her as a customer mean for the helping relationship? How would the customer helping relationship affect how you conceptualize her and the challenges she faces? How would that, in turn, impact the services you provide and how…
- Pattie purchases a couch from Good Stuff, Inc., to use in her home. She pays for the couch, and Good Stuff agrees to deliver it. Unfortunately, on the way to her house, the delivery truck overheats and burns, destroying the truck and the couch inside. Pattie asks for a refund or another couch. Good Stuff’s owner refuses. If Pattie decides to sue Good Stuff, which party is likely to prevail? Explain. (In your answer, be sure to identify and discuss which law(s) might apply and how that could affect the outcome.)A offered to sell his automobile to B for P50,000. After inspecting the automobile, B offered to buy it for P50,000. This offer was accepted by A. The next day, A offered to deliver the automobile, but B, being short of funds, secured a postponement of the delivery, promising to pay A the price “upon arrival in this port of the steamer Helena.” The steamer, however, never arrived because it was wrecked somewhere off the coast of Samar. (a) Is there a perfected contract in this case? Why? (b) Is the promise to pay made by B conditional or with a term? Why? (c) Can A compel B to pay the purchase price and to accept the automobile? Why?Deborah McCullough bought a new car from Bill Swad Chrysler, Inc. The car was protected by both a limited warranty and an extended warranty. McCullough immediately encountered problems with the automobile’s brakes, transmission, and air conditioning and discovered a number of cosmetic defects as well. She returned the car to Swad for repairs, but Swad did not fix the brakes properly or perform any of the cosmetic work. Moreover, new problems appeared with respect to the car’s steering mechanism. McCullough returned the car twice more for repairs, but on each occasion, old problems persisted and new ones emerged. After the engine abruptly shut off on a short trip away from home and the brakes again failed on a more extensive excursion, McCullough presented Swad with a list of thirty-two of the car’s defects and demanded their correction. When Swad failed to remedy more than a few of the problems, McCullough wrote a letter to Swad calling for rescission of the purchase agreement and a…