INDIAN CONTRACT ACT 1. S. 124 - Gajanan Moreshwar Parelkar v Moreshwar Madan Mantri (Indemnity) (Plaintiff‚ at the request of the defendant‚ executed two mortgages in favour of Mohandas. Defendant wrote a letter promising to indemnify the plaintiff against any suits by the mortgagee‚ along with executing a third mortgage in place of the previous two. Plaintiff prays that the defendant obtains a release of liability from Mohandas; Issues: 1) Can the indemnified ask for performance of the contract
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of precedence and has two aspects: 1) definitional or substantial – the principle of law is found in the precedence called the ratio decidendi: the narrowest and necessary legal principle upon which a legal decision was based. This is the aspect of the case that binds future courts and must be followed. 2) Structural: what precedent cases must be followed. Rupert Cross wrote a book called “precedence in legal law” and described the structural component of the stare decisis as “every court is bound
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GUIDE COMMERCIAL LAW IA COMLAW 270/ 30411 COMMERCIAL LAW IA COMLAW 270/ 30411 COPYRIGHT: CACC COMMERCIAL LAW SYLLABUS This course consists of 9 study units SECTION 1: INTRODUCTION AND GENERAL PRINCIPLES Study Unit 1 Introduction to the course‚ the
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AGENCY 1. Agency Relationship Cases Definition Principal authorizes Agent to enter into legal transactions (contract) with Third Party on Principal’s behalf Agency relationship between P and A A’s obligations to P: 1. Act according to terms of appointment and within scope of authority 2. Not liable to P or TP 3. Carries out duties with care and skill‚ keep true and proper accounts 4. Cannot conflict P’s interest / act for personal gains 5. Cannot delegate whole duty to others P’s
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Contract = an agreement between two or more persons which will be enforced by a court of law *Action for breach of contract is part of common (judge-made) law *Essence of contract law is to protect the bargain bw 2 parties *Must not engage in conduct that is misleading‚ unconscionable and unfair. 1. Formal contracts Contracts of record (court records) Contracts under seal (ie deeds‚ gratuitous comments) 2. Simple contracts In writing Evidenced in writing No requirements SIMPLE ROADMAP Intention
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Commercial Law Term Paper (Case Analysis) Pro-Gordon C. Johnson June 18‚ 2013 9th Edition Chapter 5-Case 5 Summary: Marie-Claude operated a bowling alley in a commercial area that was adjacent to a residential area. Many small children used the parking lot near the bowling alley as a playground‚ and Marie-Claude was constantly tell these children leave the parking area maybe they will get injured. However‚ one six years old boy climb onto the flat roof of
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NEGLIGENCE According to common law‚ “negligence is defined as a conduct that fall below the standard of care necessary to protect other from unreasonable risk of injury”. The legal issue is whether […….] can successfully sue […….] for negligence. In order to know whether the defendant commit negligence or not‚ 4 elements must be satisfied‚ including 1) Duty of care (DoC)‚ 2) Breach of the DoC‚ 3) Causation and 4) Remoteness. 1) DUTY OF CARE Case 1: PHYSICAL INJURY: The first element to be proven
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According to the Australian Constitution‚ the power to make laws vested in the parliament ‚ whilst the power to interpret laws and to judge whether they apply in individual cases‚ vested in the High Court and other federal courts. In fact‚ one of the major function of the high court is to interpret the Constitution. For instance‚ the High Court of Australia may rule a law to be unconstitutional‚ that is beyond the power of parliament to make‚ and therefore of no effect. Such a circumstance would
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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
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Discussion Question 1. On 1 Jan 2009 a V and P entered a standard form contract for sale of property in SYD‚ with special condition that the “sale is subject to P completing the sale of his existing home in Brisbane by 1 June 2009” but no time for completion is specified and clause 29 of 2005 Standard Form is deleted. (Standard Form: completed with in 42 days of existing contract/ exchange of contract? Hence the qtn scenario means it’ll be deleted.) Is there a binding contract for SYD before
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