Discuss the legal principles of: 1.ex turpi causa non oritu action 2. In pari delicto potior est conditio possidetis
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Discuss the legal principles of:
1.ex turpi causa non oritu action
2. In pari delicto potior est conditio possidetis
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- In October 2015, Dani established a business concern to sell perfumes from different international brands, Chanel, Dior, Hermes, etc. After two years, he became the exclusive distributor of "Big Star" Company's products. Due to Covid-19 spread, the number of products distributed decreased, so "Big Star" Company cancelled the contract with Dani. He requested compensation from the court. Calculating the compensation due to the commercial representative will take into consideration the: O Number of employees O Period of representation O Number of mangers O Court nationalityTiana, a citizen of Mississippi, was injured by humidifier made by Humidor, Inc. Humidor is incorporated in Delaware and has its principal place of business in Silver Springs, Maryland. By the time all of the medical bills, lost work, and other injuries accumulated, the total was $90,000. All of Tiana’s damages would fall under Mississippi or Maryland state law causes of action.In what courts can Tiana sue Humidor?• Where should Tiana sue?I am not sure about the answer for this question The facts of a case heard by the Supreme Court of Canada are as follows: Mr. and Mrs. H were induced to sign a mortgage in favor of M.C.R. Ltd. by Johnston, a man living with their daughter. Johnston led them to believe that the document was an unimportant amendment to an existing mortgage when it was a second substantial mortgage on their home. Neither read the document nor questioned it. When the payments were in arrears, the mortgagee took an action for foreclosure (to take their home). Mr. and Mrs. H. pleaded non-est factum. Would this defense succeed? Why or why not? Explain your response
- Answer with reference to Australian legislation please. 1. Kestrel Pty Ltd (Kestrel) is a small family company which operates a business breeding kestrels, eagles, falcons and other large birds of prey. Kim, Kourtney and Khloe are all siblings and the only directors of Kestrel and each owns 25 ordinary shares. Clause 15 of the constitution of Kestrel provides that Kim, Kourtney and Khloe shall be directors of Kestrel at all times. Late last year Kim had a massive fight with the rest of the family and now Kourtney and Khloe won’t speak to her and don’t want her to have anything to do with the company.At a recent board meeting, Kourtney and Khloe passed the following resolution(Kim voted against the resolution):Kestrel Pty Ltd (ACN 123 456 789) Written resolution Share Issue Resolved that: As Kestrel Pty Ltd requires additional capital to purchase more inventory, Kestrel Pty Ltd shall issue 25 ordinary shares to Kourtney and 25 ordinary shares to Khloe in consideration of…What did Stephen, Mason and Jacob JJ hold in respect of DTR Nominee's claim against Mona Homes in DTR Nominees Pty Ltd v Mona Homes Pty Ltd (1978) 138 CLR 423? Choose one of the following Mona Homes had not repudiated the contract because their purported termination of the contract was based on a correct interpretation of it and DTR Nominees was not, at that time, ready, will and able to perform the contract. Mona Homes had repudiated the contract but DTR Nominees could not terminate because it was not, at that time, ready, willing and able to perform the contract. Mona Homes had repudiated the contract and DTR Nominees had the right to terminate. Mona Homes had not repudiated the contract because their purported termination of the contract was based on a correct interpretation of it, but they had seriously breached an intermediate term.Questin 3 (b) Explain the circumstances that contracts made by minors are enforceable.
- What is the rules established under the case law of Buckley & Young Ltd v CIR (1978) 3 NZTC 61,271 (CA)?Koh, a California resident, won a judgment in California of $240,000 against Inno-Pacific Holdings, Ltd., a Singapore company, but Inno-Pacific did not pay the judgment. Koh discovered that the company had an interest in land in Washington State, so he filed suit in Washington to seize the property to satisfy his judgment. The trial court in Washington dismissed the suit, because it lacked personal jurisdiction over Inno-Pacific. Koh appealed. On what basis could the Washington court have jurisdiction?Business law problem
- In 1923, DuPont was granted the exclusive right to make and sell cellophane in North America. In 1927, the company introduced a moisture-proof brand of cello- phane that was ideal for various wrapping needs. Although more expensive than most competing wrapping, it offered a desired combination of transparency, strength, and cost. Except for its permeability to gases, however, cellophane had no qualities that a number of competing materials did not possess as well. Cellophane sales increased dramatically, and by 1950, DuPont produced almost 75 percent of the cellophane sold in the United States. Nevertheless, sales of the material constituted less than 20 percent of the sales of “flexible packaging materials.” The United States brought an action, contending that by so dominating cellophane production, DuPont had monopolized a part of trade or commerce in violation of the Sherman Act. DuPont argued that it had not monopolized because it did not have the power to control the price of…Enumerate What is the doctrine of equitable conversion, and how does it apply to property law?If a minor purchase a $150.00 pair of designer blue jeans the merchant may be unable to enforce this contract because: a) the jeans were a necessity. b) clothes are a statutory contract. c) designer jeans are a luxury. d) only emancipated minors wear jeans. 2. An adult who intentionally drinks so much liquor as to have their judgment impaired will a) easily defeat a contract they entered in to while drunk b) have no chance of winning under any circumstances. c) probably lose, voluntary intoxication is usually a poor defense. 3. Which of the following must a person possess to have contractual capacity? a) Comprehend the nature of the Contract b) Comprehend the purpose of the Contract c) Comprehend the consequences of the Contract d) All of the above are required