Give me a South African case related to Breach due to a delay in performance by the creditor (mora creditoris) Provide the principle, facts of the case and the court’s decision
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Give me a South African case related to Breach due to a delay in performance by the creditor (mora creditoris) Provide the principle, facts of the case and the court’s decision
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- When OTES developed its first online application for university math courses, BD sued both OES and Gone. BD contends that Gone has breached his covenant not to compete, because he is engaging in a competitive business in online learning resources in university-level math and science and that he has proprietary information regarding the development of science and math tutorial programs. BD further contends that OTES is engaging in tortious interference with contract. BD is Gone and OTES deny the claims, and state that Gone has not violated his employment agreement, because they are not engaging in a competitive business with BD. The law in Georgia was recently amended to include the following provisions: A covenant not to compete must be reasonable in terms of time, geographical area, and prohibited activities. A time period longer than 2 years is presumed to be unenforceable. The courts are permitted to blue-pencil (or reform) covenants that are otherwise unenforceable.…Assume Illinois passes a law requiring doctors to be certified before providing medical services to citizens of Illinois. You represent a client who is licensed to practice medicine in Indiana. Your client recently administered a drug to a patient in an emergency room of an Illinois hospital located right across the border of Indiana and Illinois. She is fined $50,000 and refuses to pay. What constitutional arguments can you make on your client’s behalf as to why this law is unconstitutional as applied to her.Determine the buyer’s and seller’s responsibility in a commercial transaction. Unvergleichbar Gesellschaft AG, based in Bremen, Germany buys raw diamonds from Diamants Stornoway based in Longueuil, QC, under the following terms: Terms of sale: DPU Flughafen Frankfurt am Main, Deutschland, Incoterms 2020: a)On his way to Europe, over the Atlantic Ocean, the airplane disappears from the radar and never arrives in Germany. Who bears the risk?
- In 1961, Ford Motor Company acquired Autolite, a manufacturer of spark plugs, in order to enter the profitable aftermarket for spark plugs sold as replacement parts. Ford and the other major automobile manufacturers had previously purchased original equipment spark plugs (those installed in new cars when they leave the factory) from independent producers such as Autolite and Champion, either at or below the producer’s cost. The independents were willing to sell original equipment plugs so cheaply because aftermarket mechanics often replace original equipment plugs with the same brand of spark plug. GM had already moved into the spark plug market by developing its own division. Ford decided to do so by means of a vertical merger under which it acquired Autolite. Prior to the Autolite acquisition, Ford bought 10 percent of the total spark plug output. The merger left Champion as the only major independent spark plug producer. Champion’s market share thereafter declined because Chrysler…Sungsam, Inc., a Taiwanese company, and nineteen other Asian companies (the Companies) collaborated to manufacture and sell transistors internationally. These transistors were used in a multitude of consumer goods, millions of which were sold in the United States, including Georgia. The state of Georgia sued the Companies in Georgia, alleging violating consumer protection laws. The Companies filed a motion to dismiss for lack of personal jurisdiction. In response, Plaintiff alleged that the Companies sold the transistors into international streams of commerce with the intent that they would be incorporated into millions of consumer products sold in the United States, including Georgia. Should the Companies motion be granted? © a. No because the Companies did not sell any products directly to Georgia consumers and did not conduct any business in Georgia. b. Yes because a foreign manufacturer’s placement of goods into the stream of commerce of the state of Georgia, with…In eminent domain cases, an individual private party may not benefit from the government's taking of private property for a public purpose. True False
- a WI Thi aw poin loqua yd olM : Jane was tired of living in the jungle with Tarzan and entered into a sales contract to purchase a small house from Tarzan that he had inherited. Tarzan later changed his mind, because he liked Jane swinging in the trees with him. If Jane decides to seek legal assistance to acquire the house, which remedy should she ask for? O Quantum meruit O Promissory estoppel O Specific performance O Legal ejectment dead artShawn 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.Natalie believes her cell phone company has been charging her exccesive fees under her cell phone contract. She wishes to sue the cell phone company. However, her contract states she must submit any legal claims arising out of the contract to the arbitation. The arbitrator is a former employee of the cell phone company. The arbitrator sides with the cell phone company and awatds damges to the cell phone company in the amount of $60,000. Can Natalie change the decision of the arbitrator in court?
- Amanda 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…Jill is an American making dresses in Alabama whose business is based on U.S. dollars. Jill has agreed to accept 1,000 Euros for the dresses she sold to a customer in Europe, with payment due in one month. True or false, Jill's profit on this transaction would be less than she anticipated at the time of the agreement, if changes in the conversion rate for Euros into U.S. dollars after the date of the agreement meant that Euros were worth less in U.S. dollars on the day that the customer actually paid her the 1,000 Euros. True or False?PLS HELP ASAP