Strategic Management qsns

Topics: Sales, Contract, Plaintiff Pages: 8 (3557 words) Published: September 17, 2014
CHINHOYI UNIVERSITY OF TECHNOLOGY
BUSINESS SCIENCES AND MANAGEMENT
DEPARTMENT OF ACCOUNTING SCIENCE AND FINANCE
COMMERCIAL LAW/BUSINESS LAW (CUAC 106, CUAC 211): TUTORIAL QUESTIONS (PART 1).

Required: Discuss the legal implications of each of the scenarios given below, citing relevant decided cases. Case 1
Masiko, a solicitor agreed not to demand any fees “until such time as Tapera’s mine was producing and he was on his feet again financially”. When he was sued for fees, Tapera advanced this clause in defence. Case 2

A letter was posted from Chinhoyi on 1 January offering to sell 1 00 tins of paint to a client in Harare. The offer was accepted by telegram on 11 January. However a letter of withdrawal had been posted on 8 January. This did not arrive until 20th. Case 3

A shopkeeper advertised some groceries at a special price. He had a placard outside his shop. One evening, a customer entered the shop and bought some groceries. He left the shop and within five minutes came back for more groceries. This time, the shopkeeper refused to sell him the groceries. The customer refused to leave the shop without the groceries and the shopkeeper had to call a constable to remove him. Legal implications

There is no contract. An advertisement is not an offer; it is an invitation to treat. Case 4

Meikles undertook to let a hotel to Chinotimba on certain conditions, stating that –if these conditions were agreed to –then “the further general clauses can be discussed”. Case 5
When Themba Matemba was planning to marry Rose he entered into a contract in which he promised to settle and renew furniture and domestic effects on his future wife (Rose) “at such times and in such quantities as may be expedient to him”. Mrs Matemba (Rose) is now seeking performance of this promise. Case 6

Mr. Bauer agreed to pay his wife monthly maintenance of $300 while he was on civil service duty in Harare. He failed to do so and his wife sued. Case 7
Dandaro sued Mandimba for payment for goods sold and delivered. Mandimba refused and claimed to be protected by a special agreement to pay in monthly instalments according to his capacity to pay and “according to circumstances”. Case 8

Mliswa leased 2 farms from Matonga for 6 years under an option allowing him to buy the farms for $10 000 – half down and the balance in instalments at an interest rate to be agreed upon. Mliswa then tendered the full amount as cash and then claimed transfer. Matonga refused arguing that the terms on payment were vague and uncertain. Case 9

A shopkeeper displayed a flick-knife for sale in his shop window. He was charged with offering the knife for sale since selling flick–knives was an offence. Case 10
There were certain drugs that could not be sold over the counter except with the supervision of a pharmacist. A pharmacist put the drugs on self-service counters and customers came and selected the drugs they wanted, putting them in baskets. It was contended that the pharmacist was contravening the law by selling specified drugs over the counter. Case 11

The plaintiffs sent a telegram to the defendant regarding the price of a certain piece of land…” Will you sell us Bumper Hall Pen? Telegraph lowest cash price-–answer paid” The defendants replied:- “Lowest price for Bumper Hall Pen $9000”. The defendants then telegraphed:- “We agree to buy Bumper Hall Pen for $9000 asked by you”. The defendants however refused to sell. The plaintiffs said the defendants had made an offer to sell which they accepted. Case 12

A company took out an advertisement undertaking to pay $1000 to any person who still fell ill with flu after taking a new drug as directed. Mrs. Kamoto took the drug and still fell ill and she thus claimed the reward. Further the company had deposited $100 000 with the Commercial Bank of Zimbabwe as evidence of their sincerity. The Company said the advertisement was not an offer but a “mere puff” and that in any case notification had not been given....
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