[pic] [pic] [pic] [pic] [pic] [pic] I wish to express my sincere appreciation to Mr. Raymond Kiptum‚ my tutor‚ for his patients‚ encouragements and individual counsel and my classmates who that helped me through with these Assignment tasks. □ ACKNOWLEDGEMENT……….. 2 □ TASK 1 INTRODUCTION……….5 ← Definition of Law ← Classification of Law & Classification of Civil Law
Premium Contract Contract law
COMMERCIAL LAW FEEDBACK EXERCISE The issue in this case is whether there is misrepresentation or breach of contract. The distinctions between the two legal issues of misrepresentation and breach of contract are dependent on whether the pre-contractual statement was made on the basis of a representation‚ or on a promise or obligation to be fulfilled. Breach of contract is a legal cause of action in which a binding agreement or bargained-for exchange is not honored by one or more of the parties
Premium Contract Breach of contract
QUESTION Running late for his exciting evening law class‚ Sam desperately seeks out a car park in the CBD of Melbourne‚ state of Victoria Australia. He spots the car park operated by Citipark Ltd. Sam drives up a ramp which has raised concrete barriers on either side. As it is rush hour‚ there are a few cars in front of him and soon some more line up behind him. Sam stopped his car at the barrier entrance of the car park which had a mechanical arm preventing cars moving into the parking
Premium Parking Parking lot Parking space
Contents PART A Ignorant Hairdresser vs. Professional Consultant 4 Know Your Client 5 Appropriate Advice based on Reason 6 Fiduciary Duty and Conflict of Interests 7 Making False Representations as to returns – Misrepresentation 8 Fraudulent Misrepresentation 8 Is Paula able to claim in negligence under tort? 9 Factors determining existence of a special relationship and duty of care: 9 Resulting Remedies? 11 Should Eastpoint be held responsible for the unprofessional
Premium Financial services Investment Bernard Madoff
Assignment Answers – Part B Question 3 Joe claims that Betty’s Drycleaning Service (BDS) is responsible to compensate him for the loss of his dinner jacket and the damage to his trousers. He is claiming $500 as the replacement cost of a new suit. BDS‚ through its new owner‚ Bruce‚ is denying responsibility for this loss and damage due to an exclusion clause on the docket handed to Joe (as usual) when he left his items to be dry cleaned. Bruce also points to a sign at the back of the shop
Premium Contract Contract law
Theater is made by Tommy‚ a customer who claimed to have received a poor experience at the theater. In the following report‚ we used legal‚ statistical‚ and ethical reasoning. Legal: After analyzing both parties’ facts‚ there is a lack of fraudulent misrepresentation to follow suit. Therefore‚ Tommy has a weak standing. Statistical: 94% of surveyed moviegoers were not fazed by the commercials screened before the featured film. Ethical: The litigation by Tommy was propelled by the lack of quality
Premium Movie theater Customer service Film
“Predatory Lending and the Devouring of the American Dream” by Constance M Ruzich and A.J. Grant Cowen‚ Tyler. “So We Thought‚ But Then Again….” New York Times 13 Jan. 2008: BU6. Smith‚ Yves. “Up to 70 Percent of Mortgage Defaults Linked to Misrepresentation.” [weblog entry] Naked Capitalism. 13 Oct. 2007. 26 July 2008 Http://www.nakedcapitalism.com/2007/10/ up-to-70-of-mortgage-defaults-linked-to.html Openmarket.org “Fannie and Freddie Helped Spawn the Mortgage Crisis‚ So Did Affordable Housing
Premium Subprime mortgage crisis Mortgage Real estate
CONSENT” DEFINED Under Section 14‚ Consent is said to be free when it is not caused by 1. coercion‚ as defined in section 15‚ or 2. undue influence‚ as defined in section 16‚ or 3. fraud‚ as defined in section 17‚ or 4. misrepresentation‚ as defined in section 18‚ or 5. mistake‚ subject to the provisions of sections 20‚ 21 and 22. ELEMENTS VITIATING FREE CONSENT 1. COERCION (SECTION 15) “Coercion” is the committing‚ or threatening to commit‚ any act forbidden by the
Premium Contract Contract law
Void and voidable A contract that is "void" cannot be enforced by either party.‚ The law treats a void contract as if it had never been formed. A contract will be considered void‚ for example‚ when it requires one party to perform an act that is impossible or illegal. A "voidable" contract‚ on the other hand‚ is a valid contract and can be enforced. Usually only one party is bound to the contract terms in a voidable contract. The unbound party is allowed to cancel the contract‚ which makes the contract
Premium Contract law Contract
← Promise to perform existing obligations P.34~36 ← Part payment of a debt P.37 ← Doctrine of promissory estoppel P41~43 ← Void and Voidable contracts P.56~57 ← Misrepresentation P.67~74 □ Fraudulent □ Negligent □ Innocent □ Consequences of misrepresentation □ Misrepresentation and exemption clauses Lecture 4 – Discharge of contracts and special contracts ← Discharge □ Frustration P.6~8 □ Breach P.9 ← Remedies P.10 ← Damages
Free Common law Law Tort