Contract Law Assignment Advise Grab From looking at the facts laid out by Grab regarding the purchase of a sandwich shop‚ it seems that the most likely action is that of misrepresentation. A misrepresentation is defined at common law as "a statement of fact made by one party to the other party‚ which is false. While not necessarily forming a term of the contract‚ is yet one of the main reasons which induces the one party to enter into the contract" and is supported by the Misrepresentation Act
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Define who is an agent and give TWO (2) reasons why agents are appointed. GHL Fridman describes agency as ‘the relationship that exists between persons when one‚ called the agent‚ is considered in law to represent the other‚ called the principal‚ in such a way as to be able to affect the principal’s legal position in resects of strangers to the relationship by the making of contracts or the disposition of property’. The Australian High Court in International Harvester Co of Australia Pty
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responsibility." On the strength of the report given by the respondents‚ Hedley placed additional orders on behalf of Easipower which eventually resulted in a loss of £17‚000. Hedley then brought an action against the respondents for damages under the tort of negligence: Held: A negligent‚ although honest‚ misrepresentation‚ may give rise to an action for damages for financial loss even if there was no contract between the advisor and the advisee and no fiduciary relationship. The law will imply a
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Ch. 7: Negligence: Elements of a claim: 1. D owed a duty of care to the P 2. breached that duty 3. Breach was the actual & proximate cause of the injury. Duty & Breach of Duty: 1. Person must act as a reasonable person would’ve in the situation 2. P must establish that defendant failed to act as a reasonable person would’ve 3. Defendant owed duty to plaintiff if he was among those who would foreseeably be at risk of harm from the behavior 4.Breach of duty: actions compared to those of a reasonable
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Topic: ’Impossible that I lost diamond ring”‚ (Selina Lum‚ 2011) Court Case: Bass Anne Hendricks V Shangri - La Hotel Source: The Straits Times Date: 26th January 2011 Summary of Facts: An American multi-millionaire‚ Ms Bass‚ lost her 6.41 carat diamond ring in Shangri-La Hotel during her visit to Singapore. She claimed that she always had the ring with her and it is barely impossible to lose it. Thus‚ she filed a civil lawsuit against the hotel and sought for compensation. According to
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DISCHARGEMENT OF CONTRACT The law of contracts forms a substantial part of our various relationships that can have some sort of influence over us on an almost daily basis – even when there is no physical contract in front of us we may still be privy to some sort of contractual obligation. Alternatively‚ if you’re a fan of social theorists such as Jean-Jacques Rousseau‚ you may argue that we’re also bound by ‘the social contract’‚ but we digress. Getting back to our original point
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“In our judgement the law is clear. The ingredients of the offence have been clearly defined‚ and the principles decided in the House of Lords in Adomako . They involve no uncertainty. The hypothetical citizen‚ seeking to know his his position‚ would be advised that‚ assuming he owed a duty of care to the deceased which he had negligently broken‚ and that death resulted‚ he would be liable to conviction for manslaughter if‚ on the available evidence‚ the jury was satisfied that his negligence was
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Table of Contents QUESTION 1 2 1.1 Role of communication 2 1.2 Positive educator-learner relationships 2 1.3 Learner participation in a multicultural classroom 2 QUESTION 2 3 2.1 Improve learner motivation in classroom 3 2.2 Draw up the following of a positive classroom policy: 3 2.2.1 Aims and objectives of our class 3 2.2.2 Rules of our classroom 3 2.2.2 Task division 3 2.3 Define the following concepts: 3 2.3.1 Leadership 3 2.3.2 Control 3 2.3.3 Intrinsic motivation 3 2.3.4 Communication 4 2.3
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In this case‚ Nona was approached by Samseng on her way home after work. Samseng then threatened by pointed a gun onto her head and asked Nona to surrender her money. In order to take legal action against Samseng under assault‚ the issue must first be fulfilled the elements of assault. The first element of assault is the mental state of the defendant. In this case‚ the defendant has the intention to commit the assault on Nona. The intention of the defendant is specific as when the defendant acted
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BAILMENT DEFINITION: Voluntary assumption of possession of goods by one person (bailee) from another (bailor) for a definite or indefinite period‚ with an obligation to redeliver. Hobbs v Petersham Transport Co Pty Ltd (1971) 124 CLR 220‚ per Windeyer J at 238: 3 A bailment comes into existence 4 upon a delivery of goods of one person‚ the bailor‚ 5 into the possession of another person‚ the bailee‚ 6 upon a promise‚ express or implied‚ that 7 they will be redelivered
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