Jasper Bakery Limited signed a purchase order to buy 50 kg of butter from a farmer over the next month at a fixed price. The butter is of exceptional quality and will be used in baked goods that will be sold in the bakery. Define the term “executory contract.” Is the contract to buy the butter an executory contract? Explain.
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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 reasonsExplain the difference between a docketing fee and a cancellation fee of an arbitrator.What are the elements of a contract? Explain who the parties of a contract might be.
- Live The Dream Ltd provides a limousine and driver hire service. All of the company’s clients sign the company’s standard contract. The contract includes a clause, within the standard terms and conditions, that states: ‘Live The Dream Ltd accepts no liability whatsoever for any financial loss, property damage or personal injury incurred during the hire period’. Leona hired a limousine and driver for her 40th birthday night out. She signed the standard contract which included the standard terms and conditions and paid £500, the full cost of the hire, in advance. When Leona was getting into the limousine at the start of her night out, the vehicle was nudged from behind by a passing car. As a result, the limousine rolled forward and ran over Leona’s foot. Leona’s foot was badly bruised and Leona was in too much pain to continue with her birthday night out. The other vehicle involved drove off, and all subsequent attempts to identify the vehicle and the driver failed. Live The Dream Ltd…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.4.Bryson issues a $5,000 negotiable check "payable to the order of Yolanda or cash." Yolanda places her signature on the back of the check. Yolanda then negotiates the check to Casey. Given these facts, which of the following is generally correct? а. The check was issued as a bearer instrument and Yolanda could not have converted it into an order instrument. b. Yolanda's indorsement on the instrument is not required in order for Casey to qualify or assert that he is a holder in due course. С. Yolanda's indorsement on the instrument is generally referred to as a special indorsement. d. Yolanda's indorsement on the instrument is required in order for Casey to qualify or assert that he is a holder in due course.
- John owns a small rental cottage in St Augustine and his mother Brenda lives nearby in a rented apartment. He is concerned about her having a secure home to live in after her retirement so he decides to convey the cottage to her for the rest of her life, after which, ownership will revert to him. What would John's attorney probably have advised him to do to achieve these goals? Establish a Trust with his mother as one of the trustees Convey a tenancy at sufferance to Brenda. Convey a tenancy by the entireties to Brenda, pur autre vie. О Convey a life estate to Brenda with the right of reversion to John.Describe Express and implied contracts. What does it mean when a contract is called void and voidable?Granite Insurance Company entered into a treaty reinsurance agreement with Rock Solid Reinsurance (RSR). Granite's retention limit is $400,000 and RSR agreed to provide reinsurance for up to $2.0 million. If Granite writes an $800,000 policy, RSR is responsible for 50 percent of the losses. If Granite insures a $1.6 million risk, RSR is responsible for 75 percent of any losses. What type of reinsurance arrangement did Granite enter into with RSR? ما A) reinsurance pool B) surplus share reinsurance C) facultative reinsurance D) excess of loss reinsurance
- Andrew is an accountant. He agrees with George, a garage proprietor, that he will assist George with his annual tax return if George will service his car for him on the Monday. At the beginning of the negotiations Andrew told George that he absolutely must have the car for the following Tuesday since he needed it to go to an important meeting with a client to pitch for a valuable deal. Andrew assists George, but because the service was not done correctly the car breaks down when Andrew is on the way to the important meeting. Andrew is very late for this meeting and as a result the client switches his work, worth some £25,000, to another accountant. In addition Andrew incurs £500 costs putting right the defective service. Andrew now wishes to sue George for damages for breach of contract. Question 20 Is Andrew’s claim against George for putting right the defective service A a normal loss B an abnormal loss C neither a normal nor an abnormal loss D both a normal and an abnormal loss…The following situations generally require a contract to be in writing: • sales of land • purchases of goods over $500 • promises made in consideration of marriage ⚫ contracts that cannot be completed in less than one year • a contract in which one person promises to pay the debt of another person This legal concept is known as offer and acceptance promissory estoppel the statute of frauds et lux perpetua luceat eisWhat is the definition of consideration and what general principles apply to its presence in contracts? Define promissory estoppel.