Differentiate obligations arising from delict from obligations arising from quasi – delict.
Q: Under a Commercial General Lability policy, which of the folkwing actions is an obligation of the…
A: The question is asking about the obligations of a lessee under a Commercial General Liability (CGL)…
Q: Discuss and explain the five types of contract damages
A: The term damages simply refer to certain monetary amounts or a fixed sum of money which are provided…
Q: A breach of contract occurs when either party violates the agreed upon promise. True False
A: A contract is nothing but a legally binding agreement that describes and administer the…
Q: distinguish fraud in the performance of a preexisting obligation from fraud in the perfection of a…
A: The realm of contractual agreements in legal frameworks is underpinned by principles that govern the…
Q: Find a case and explain what went wrong with the contractual situation,
A: Contractual Situation refer to the arrangements and relationships created by the parties through a…
Q: Delegation relieves the delegator of liability to perform the contract. Select one: True False
A: Transferring power, responsibility, and responsibilities from one person to another is referred to…
Q: Describe three exceptions to the general rule that an illegal bargain is void.
A: An illegal bargain refers to a contract or agreement that is contrary to the law or public policy.…
Q: What are the key elements of a valid contract, and what remedies are available for breach of…
A: A valid contract is a legally binding agreement that involves the mutual exchange of promises or…
Q: Explain the elements of a valid contract. essay type
A: A contract is a legally binding agreement between two or more parties, enforceable by law. The…
Q: Adrian rents a bicycle from Barbara. The bicycle rental contract Adrian signed provides that Barbara…
A: ANSWER IS AS BELOW:
Q: If one party to a contract uses any form of unfair coercion to induce another party to enter into or…
A: True.
Q: Damages and Equitable Remedies (a) How are damages different than equitable remedies? (b) If…
A: 1. (a) Damages and equitable remedies are separate legal notions used to rectify breaches of…
Q: Ming entered into a contract with Lee to supply Lee with smuggled cigarettes. Lee received the…
A: In this scenario, Ming and Lee entered into a contract for the supply of smuggled cigarettes which…
Q: Spritz signs a contract that says that she will paint a mural of her friend Hecuba in exchange for…
A: In this scenario, Spritz signs a contract to paint a mural of her friend Hecuba in exchange for…
Q: b) Write two elements of a contract of indemnity.
A: An indemnity agreement is an agreement between two parties in which one party (the indemnifier)…
Q: Henk made an oral contract with Joel's garage to work as the manger of the garage for the next two…
A: In this scenario, Henk is likely to win the suit. The Statute of Frauds typically requires certain…
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- Case 5 P Corp, a retailer of women’s fashion accessories, contracted Sandra as their purchasing agent. The agency contract expressly stipulates that Sandra is not allowed to enter into contract in excess of $50,000.00 without first obtaining approval from P Corp. On a number of occasions, Sandra negotiated the purchase of quantities of costume jewellery from Z Inc for prices varying between $30,000 to $45,000.00. Recently, Sandra placed an order with Z Inc for goods at a price of $60,000.00 and without consulting P Corp. Z Inc did not question the order. Two weeks after, Z Inc received payment from P Corp. Sandra was reprimanded by P Corp and, again, reminded of her $50,000.00 limit. Despite the warning, Sandra placed another order of $55,000.00 from Z Inc. This time P Corp refuse to pay and demanded Z Inc to take back the goods. Issues: Is Sandra acting on actual or apparent authority? Is the principal bound by the action of the agent, Sandra? Please state your reasonsAlfred has been instructed to settle a property dispute between his client Greg and Greg’s neighbour Fatima. Greg is a pensioner who has been arguing with Fatima over their respective contributions to repairing the blocked drain which runs under both of their properties. The blockage is not affecting Fatima much, so she is reluctant to pay to have it rectified. Alfred attends a settlement negotiation at Fatima’s lawyer’s office in the CBD. Once discussions get underway, Alfred realises that Fatima’s solicitor (and apparently Fatima herself) is unaware of the fact that Greg’s beloved Leyland cypress tree has caused most of the damage to the shared drain. In fact the opposing solicitor begins her proposal: ‘Since the cause of the damage to the drain is unknown…,’ during which Alfred merely nods. Accordingly, a 50/50 split in the relevant payment for repairs is agreed, and a binding financial agreement is signed. Alfred initially considers this to be fair enough, since Greg is living on…What are the elements of a contract? Explain who the parties of a contract might be.
- Is obligating the breaching party to comply with the terms of a contract in addition to paying reparations an equitable relief mechanism called specific performance?Martha sells goods to James for $25,000. Martha assigns her right to receive the $25,000 to XYZ Finance James refuses to pay XYZ the $25,000. James makes two arguments for not paying. First James claims that XYZ has no privity of contract and that XYZ is not a third-party beneficiary of its contract with Martha. Second – James claims that the goods were worthless. Assume that the goods were worthless. You are the judge. Who wins and why? Address both arguments that James makes.Provide the legal definition of a contract.
- A pizza parlor owner uses a vending machine company to service his soft drinks.The owner of the company sells his route to Mr X and delegates all of his contractsincluding the one with the pizza parlor. This enrages the pizza parlor owner, because Mr. X was engaged to the pizza parlor owner's sister and left her standing at the altar. He claims that the obligation is non-delegable because it's "personal". Do you agreeAlan’s real estate broker suggested that he use a quitclaim deed to sell his super cool Brentwood condo so that the buyer would: Be the grantor under the deed and have full recourse against the seller for any title related claims Acquire only the legal interest in the property that Alan previously held Know that all prior mortgages, liens, and other encumbrances had either been reconveyed or removed from the property’s title Receive assurance that the property was free from any title defectsWhat are assignments of contracts and what rights and obligations do they confer?
- Under our NCC, an heir may institute an action for rescission of a rescissible contract in his capacity as a representative or successor-in-interest of a person who suffers from lesion or of the creditor who is defrauded. Suppose, however, that it can be established that the decedent, during his lifetime, entered into a contract with another in order to defraud him of his legitime, can he institute an action for the rescission of such contract after the death of the decedent?Raymond owns a bakery on main street that specializes in making custom cookies for special events. He has twenty years of baking and cookie decorating experience and has received numerous awards for his work. Clarice enters the bakery on morning to inquire about Raymond baking some cookies for her daughter’s birthday. The two enter into a contract in which Raymond agrees to bake two dozen cookies and decorate the cookies as characters from Clarice’s daughter’s favorite show. In their discussions, Raymond tells Clarice the cookies will be ‘approximately half a pound each’ in size. As they are in America, Clarice assumes that the half a pound size refers to the weight of the cookies, knowing that the size will vary as each cookie bakes slightly differently. Raymond, however, meant the half a pound size to signify that the cookies will be the size of a half-pound sterling, the primary currency in the United Kingdom. This measurement is significantly smaller than the half a pound in…Identify FOUR (4) ways to terminate a contract, esplain it briefly and include examples