Assignment title: Information
Dr. J Abedin (Bus & Comm Law: KL)
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HOME WORK- 2
CA PROFESSIONAL STAGE
(Knowledge Level)
(9th Batch)
Business and Commercial Law
Contract and Agency Problem Scenario Questions No. 2
Question No: 1
A shipbuilder had contracted to build a tanker for North Ocean Tankers. The
contract was in US dollars and didn't contain any provisions for currency
fluctuations. Approximately halfway through construction of the ship, the United
States devalued its currency by 10 per cent. As the shipbuilders stood to make a loss
on the contract, they demanded that an extra US$3 million be paid or they would
stop work. The buyer reluctantly agreed under protest to pay, as he already had a
charter for the tanker and it was essential that it be delivered on time. The buyer
didn't commence action to recover the excess payment until some nine months after
delivery.
Will the buyer succeed in recovering the excess?
Question No: 2
A solicitor carried out legal work for a property developer. When the solicitor
submitted his bill, the property developer suggested that he might like to reduce his
bill in exchange for a share in the venture. The developer subsequently repudiated
the agreement, claiming that he didn't have to share the profits with the solicitor
because the contract was voidable for undue influence.
Is the property developer correct? Or is the contract enforceable? Discuss.
Question No: 3
Fleming gave a block of land that he owned to Stanley, unaware that he was giving it
away forever. Fleming was illiterate, had only limited business experience and was
of low intelligence. Stanley had been a close friend of the family for many years and
Fleming had relied on him for advice, comfort and friendship. When Fleming
learned that he had given the land away forever, he tried to recover it.
Do you think he would be successful? Explain your answer.
Dr. J Abedin (Bus & Comm Law: KL)
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Question No: 4
James and ABC Bank
James wanted to borrow money from ABC bank to support and expand his small consulting business. The
bank required a copy of James' accounting records in order to confirm that James is running a stable
business with a reliable cash flow.
James usually does all the accounting for his business and is very familiar with everything on the
accounting side of things.
The day before the meeting with ABC bank James was extremely busy with clients all morning so he asked
his wife Sandy to print out a copy of the accounts in preparation for the meeting in the afternoon with the
ABC bank representative. Sandy accidently adjusted the accounting tables as she was formatting and
printing the accounts making the business look much more profitable than it actually was.
Between 1.00pm and 1.45pm Johnny had a chance to look over the paper work including the accounting
records for his meeting with the ABC Bank financial representative. James presented the accounts to
ABC Bank in the same state that Sandy had printed them. James' business secured a $670, 000 loan. 3
months later a recently sacked employee from James' firm sends an email to ABC Bank informing them
that James is losing lots of money every day and they might want to reconsider their loan arrangements.
Advise ABC Bank about whether they are bound by the loan contract they have signed with
James.
Question No: 5
Ann, aged 14, signed a three-year contract with Ted in order to learn ballet
dancing. The terms of the contract stated that:
a. Ted would teach Ann ballet dancing to the best of his ability free of
charge;
b. during the three-year period, Ann could not accept stage
engagements other than those under Ted; and
c. Ted could employ Ann to perform on stage, but was not bound to
do so.
Ann accepted a stage engagement from Bill, as her income from Ted's
employment was insufficient for her support. Ted wishes to sue Ann for breach
of contract.
Advise him.
Question No: 6
Washington, an insane person of limited means, entered into a contract with
Lincoln for the purchase of an antique axe and a cherry tree for $100. The price
paid for both these items was fair and reasonable and, at the time the agreement
Dr. J Abedin (Bus & Comm Law: KL)
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was made, Washington seemed to be a normal person. Washington refused to
take delivery of either the axe or the cherry tree, or to pay for them.
Lincoln wishes to know whether he can recover damages for breach of contract
from Washington.
Question No: 7
Bruce, while he was so drunk that he didn't know what he was doing, bid
successfully at an auction for the purchase of a house. It was clear to the auctioneer
that Bruce didn't know what he was doing. However, after Bruce sobered up he
confirmed the contract with the auctioneer. He then subsequently refused to
complete the contract.
Is Bruce bound?
Question No: 8
If a restraint is to be reasonable between the parties, what factors determine
'reasonableness'?
Question No: 9
Peter and Lee were dealers in imitation jewellery located near each other in
Adelaide. Lee sold her business to Peter and agreed that she would not carry on
or be engaged in the sale, importation, or manufacture of real or imitation
jewellery anywhere in Australia for a period of two years. One year after selling
the business, Lee established a retail jewellery business in Cairns.
Can Peter enforce the covenant against Lee? Explain your reasoning.
Question No: 10
In order for a party to rely upon an exclusion clause, what must they show?
Question No: 11
In the case of a signed contract, can the party signing limit their liability in both
contract and tort?
Dr. J Abedin (Bus & Comm Law: KL)
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Question No: 12
Sam took his suit to Quick Klean Drycleaners Pty Ltd. This was the first time he had
been to this drycleaner. After giving his suit to the assistant behind the counter and
paying for the dry-cleaning, he was given a receipt with a number on it. The assistant
told Sam that he needed to bring the receipt with him when he came to collect his suit.
She also told him that the drycleaners 'would take all care but accept no responsibility
during cleaning'. She pointed out that a similar clause appeared on the back of the
ticket. It read: 'Quick Klean Drycleaners Pty Ltd will take all care but accept no
responsibility for effective removal of all stains during cleaning'.
When Sam came back to collect his suit he found a tear in the right sleeve.
When he brought this to the attention of the shop assistant, she reminded him that she
had previously advised him that all care would be taken, but that Quick Klean didn't
accept responsibility for items left for dry-cleaning.
Advise Sam.
Question No: 13
Jones drove her car into Smith's Parking's new automatic car park for the first time.
There was a sign outside the car park that listed the various charges and stated that
owners parked at their own risk. When she drove up to the ticket machine, Jones was
issued with a ticket. She then drove into the garage, where her car was mechanically
parked. Jones was injured when she returned later to collect her car, and she claimed
damages from the garage. The car parking company attempted to rely on a condition
exempting it from liability. On each ticket, in small print, were the words 'Issued
subject to conditions ... displayed on the premises'. On a pillar opposite the ticket
machine were printed eight conditions, the second of which exempted the car parking
company from liability for any injury to a customer on the premises. Jones would have
needed to have parked her car in the garage and walked around to the pillar to have
read the conditions.
Could the car parking company successfully rely on the exemption clause to protect it
from any action by Jones?
Question No: 14
What are the consequences at common law of frustration of contract? How have
the statutory reforms of New South Wales, Victoria and South Australia
addressed some of the difficulties created by the operation of the doctrine?
Discuss.
Question No: 15
Under what circumstances will the quantum meruit rule operate?
Dr. J Abedin (Bus & Comm Law: KL)
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Question No: 16
How do the following terms in a contract differ?
A. condition
B. condition precedent
C. condition subsequent
Question No: 17
In April, Jackson engaged Tim as a courier. Tim was to commence work on 1
June. On 1 May, Jackson wrote to Tim telling him that, despite their agreement,
economic circumstances were such that he no longer required his services.
Can Tim sue Jackson?
Question No: 18
Explain the purpose of rescission
Question No: 19
Explain the purpose of restitution.
Question No: 20
For a claim in restitution to be successful, what does the innocent party have to
establish? Discuss.
Question No: 21
Explain why it is important to have an understanding of the Limitation Act or
Limitation of Actions Act of your state or territory in relation to contracts.
Question No: 22
Under an agreement between Emtee Theatres and Mandrake, two theatres were
to be leased to Mandrake and he in turn was to lease a third theatre back to
Emtee. In the lease agreement with Emtee, it was agreed that they would have all
the offices in the theatre. Mandrake, in fact, occupied an office in the third
theatre for some months, and refused to move out even though he was repeatedly
asked to do so by Emtee.
Can Emtee bring an action against Mandrake for specific performance of
the agreement?