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- In Hoyt’s Ltd v Spencer (1919) the Court recognised various situations where the Parol Evidence Rule could be avoided, one of which was to prove the existence of a Collateral Contract. Give a case summary of the Hoyts case in which you explain (a) The facts of the case, (b) Identify the obiter dicta, (c) Explain the legal precedent, and finally, (d) Explain the outcome.What was the correct interpretation of condition 4 in DTR Nominees Pty Ltd v Mona Homes Pty Ltd (1978) 138 CLR 423? Choose one of the following. A plan containing the 9 lots being sold should have already been lodged for registration at the time of contract. The plan attached to the contract containing 35 lots could be registered in 2 stages, so long as the plan already lodged at the time of contract contained the 9 lots being sold. The plan attached to the contract containing 35 lots should have already been lodged for registration at the time of contract. The plan attached to the contract containing 35 lots could be lodged within 14 days of the contract being signed.A real estate firm practices designated agency inaccordance with North Carolina Real EstateCommission rules. The firm has designated Agent Ato represent the sellers in a particular transaction andAgent B to represent the buyers in the sametransaction. Which of the following information aboutthe sellers may Agent A lawlully disclose to Agent Bwithout the sellers' permission?A. that the sellers will probably agree to accept apurchase price that is below the listing priceB. That the sellers want to sell quickly due to seriousmarital problems that may lead to separationC. that the sellers may be willing to include allkitchen appliances in the sale it the buyers ask for itD.that a notice of foreclosure regarding the propertylisted for sale has been filed against the sellers.
- Shawn buys 50 widgets at a store closing sale. He buys the widgets intending to use them around the house. He only uses 25, though, and decides to sell the remaining widgets online. Shawn lives in Colorado. He finds an individual buyer, Victoria, in Italy. Does the CISG apply if there is an issue with this contract? O No, because at least one party must be a merchant. Yes, because the contract does not state that the CISG does not apply. O Yes, because the CISG automatically applies when two signatory country parties enter into a contract. No, because the contract does not state that the CISG applies. O No, because these are two consumers.The standard of reivew used by the Connecticut Supreme Court in determining whether the takings were constitutional under the 5th Amendment was: a. The takings were reasonably necessary to achieve the City of New London's intended public use. b. The takings were substantially necessary to achieve the City of New London's intended public use. c. There was clear and convincing evidence that the economic benefits of City of New London's plan would in fact come to pass. d. The evidence was beyond a reasonable doubt that the economic benefits of the City of New London's plan would in fact come to pass.Skip and Jack are the shareholders of the Blue Fish Event Corporation. Skip and Jack regularly put on classy events on or near the beach, so they have a special insurance policy to protect their assets. Business has been slow as fewer large beach weddings are taking place, so Skip and Jack use a large fan to blow down and damage most of their décor assets, some of which were personal assets of Skip and Jack, to collect the insurance benefits. (a) Assuming their acts are proven, will a court allow Skip and Jack to recover the insurance money? (b) Is this a situation where the corporate veil may be pierced? Why or why not? (c) What would it mean for Skip and Jack if the corporate veil is pierced in this situation?
- What is the definition of consideration and what general principles apply to its presence in contracts? Define promissory estoppel.Hyde is a broker involved in a conflicting demands settlement procedure that has already begun. The escrow funds are held in an attorney's escrow account. Hyde seeks an EDO from the FREC. How will the FREC likely respond? The FREC will not issue an EDO because the funds are in an attorney's escrow account. The FREC will issue an EDO within ten business days. The FREC will issue an EDO if the other three settlement procedures don't work. The FREC will not issue an EDO because the dispute must be settledAmanda and Emilia are co-directors and members of Griffin Pty Ltd, which imports widgets from Vietnam and sells them in various hardware stores in regional NSW. Griffin has a medium-sized warehouse where it stocks goods, and from which it distributes products. Griffin recently signed a contract to supply a large hardware store in Orange and Dubbo with widgets. So the company ordered 10 pallets of widgets from its Vietnamese supplier and also paid a substantial deposit. A shipping company who carries goods into Australia has already brought the pallets into the country and has sent their bill to Griffin. After a couple of deliveries to the hardware store, a safety issue is discovered with the widgets and the government bans the sale of the widgets. the hardware store cancels all further orders of the widgets. Now, Griffin has no future revenue and its remaining stock of widgets cannot be sold. The shipping company is demanding payment of its invoice; there are also several…
- “I think I’m in trouble,” Elvira confided to her husband, Curtis. “I had a customer in today who complained that one of my clerks had discriminated against her and that she was going to sue. I discovered that this same clerk had designed an elaborate scheme to embezzle from me and I intend to press criminal charges. Also, my landlord has stating that the remodeling I did voids my rental agreement and he wants me to vacate in 2 months. I looked at the contract and I’m 99% sure he’s wrong, but I’m no lawyer. I need some legal help!”Palatka Costumes & Caps LLC ("PC & C") is a large props company formed in 1957, and Frodo Flags Corporation is a small, local flag manufacturer formed in 2015. These two businesses never had any dealings with each other until they recently entered into a contract, with terms all drafted by PC & C. The contract provides that PC & C shall purchase 1,000 flags that Frodo Flags will specially design for PC & C. The contract further provides that PC & C has the right to initiate, on a weekly basis, purchase orders of up to 100 flags until the contract's total number of flag purchases - 1,000 flags has been met. Also, the contract includes a clause stating that PC & C can cancel its obligation to pay for the remaining flags at any time if any Frodo Flags shipment does not arrive on the exact day as stated in a particular purchase order; this last provision is included in the contract even though time was of little importance to PC & C. W The first shipment of 100 flags arrives a day late,…Which of the following matters cannot be taken into account in determining a taxpayer’s purpose in entering into or carrying out a scheme under Part IVA: (a) Manner in which the scheme is entered into and carried out. (b) Form and substance of the scheme. (c) Time the scheme is entered and length of period it is carried out. (d) Tax result achieved but for Part IVA. (e) Change in financial position of the taxpayer and any connected person. (f) Other consequences for the taxpayer and any connected person. (g) Nature of any connection between the taxpayer and any connected person. (h) A taxpayer’s actual subjective purpose. in entering into the scheme or carrying it out. Which of the following cannot be a general deduction for an employee: (a) Work union membership fees. (b) Work related travel (non-car) expenses. (c) Periodical subscriptions to trade or professional associations. (d) Periodical subscriptions to work related or professional books and manuals. (e) Technical or trade…











