Find a case involving an allegation of a breach of contract and include a brief summary of the facts, the court’s decision and reasoning, and whether one should agree with the court’s decision.
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Find a case involving an allegation of a breach of contract and include a brief summary of the facts, the court’s decision and reasoning, and whether one should agree with the court’s decision.
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- . Spouses Robert and Yollie wanted to sell their house. They found a prospective buyer, Nina, Yollie negotiated with Nina for the sale of the property, They agreed on a fair price of million. Nina sent Yollie a letter confirming her intention to buy the property. Later,another couple, Marius and Ellen, offered a similar house at a lower price of 1.million. But Nina insisted on buying the house of Robert and Yollie for sentimental reasons. Nina prepared a deed of sale to be signed by the couple and a managers check for million. After receiving the million. Robert signed the deed of sale. However, Yollie was not able to sign it because she was saying she changed her mind. Yollie filled suit for nullification of the deed of sale and for moral and exemplary damages against Nina Does Nina have any cause of action against Robert and Yollie?14) The person who gave assistance in agency relationship is known as agent. a) True b) False 15) The governing law for contract of sales is Sale of Goods Act 1957. a) True b) FalseIdentify and explain the goods-oriented remedies of the seller and the buyer.
- Betty went to the cinema to watch the premiere of Hulk Mister. She bought the ticket and went into the cinema. As she sat down on the chair, the legs of the chair broke and she fell onto the ground injuring her lower back. It turned out that the chair was previously broken and has not been properly repaired by the staff of the cinema. She was hospitalised for a month and could not work during the time she was in the hospital. Required: Betty wants to start legal proceedings to claim damages from the cinema for the injury. Advise her of the legal grounds on which she can claim compensation from the cinema and discuss, with reference to relevant legal principles and cases, the necessary steps that Betty needs to go through in order to prove her case.Define and explain remedies for breach of contract: specific performance, cancellation, damages, interdict, declatory order, interest.Assume for the purposes of this part of the question that Cherie is able to play, but trips and falls on some loose flooring and twists her ankle badly. One of the council employees tells her that the flooring has been loose for some time and should have been repaired. Explain the following: What is the legal case that Cherie could take against the Council? (Give full details of the principles and how they would apply in this scenario). If Cherie commenced an action, what remedies would she be seeking?
- Discuss, In arbitration, what is the standard of proof in a discharge case?John worked as a sales representative for ABC Corporation for five years. During his time there, he signed a non-compete agreement, which stated that if he left the company, he would not work for a competing company within a 50-mile radius for two years. After five years, John decided to leave ABC Corporation and start his own business selling similar products. He opened his business just 20 miles away from ABC Corporation's headquarters. ABC Corporation filed a lawsuit against John, claiming that he violated the non-compete agreement and was taking away their customers. Questions: Is the non-compete agreement enforceable in this case? Is the 50-mile radius reasonable? Is John's new business considered a competitor to ABC Corporation?Ms. T who was employed with Catamaran Inc. was caught in the act of stealing the company property of her employer. When Ms. T admitted to the commission of the said act to her manager, the latter advised her to just tender her resignation; otherwise, she would face an investigation which would likely lead to the termination of her employment and the filing of criminal charges in court. In the letter of dismissal, the employer also stated that Ms. T qualifications was not as good as those of the other employees and that when the company held a party in her honour for 20 years of service to the company, that she drank too much and had to be taken home by the company’s driver. Acting on her manager’s advice, Ms. T submitted a letter of resignation. Later on, Ms. T filed a case for constructive dismissal against her employer. While Ms. T conceded that her manager spoke to her in a calm and unforceful manner, she claimed that her resignation was not completely voluntary because she was told…