under the NCC, what are the different acts or omissions of the obligor or debtor which will result in the breach of the obligation for which he can be held liable for damages?
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- Ming entered into a contract with Lee to supply Lee with smuggled cigarettes. Lee received the smuggled cigarettes and tried to sell them off at a profit. However, due to the COVID-19 pandemic, Lee could not find any buyer for the smuggled cigarettes. Without any profit, Lee was unable to pay Ming the outstanding sum under their contract. Required: Analyse whether Ming is entitled to seek assistance from the court to claim back the outstanding sum under the contract from Lee. Support your discussion with relevant legal principles and cases, if any.If Barney’s employer withholds $11,928 for federal taxes, which is 14% of his gross annual salary, then would Barney owe additional taxes by April 15th of the next year or would he receive a refund, and in either case, by how much?which of the following is not a tort: Conspiracy, deceit, inducing a breach of contract, injurious falsehood, passing off action
- Columbia University brought suit against Jacobsen on two notes signed by him and his parents. The notes represented the balance of tuition he owed the University. Jacobsen counterclaimed for money damages due to Columbia’s deceit or fraudulent misrepresentation. Jacobsen argues that Columbia fraudulently misrepresented that it would teach wisdom, truth, character, enlightenment, and similar virtues and qualities. He specifically cites as support the Columbia motto: “in lumine tuo videbimus lumen” (“In your light we shall see light”); the inscription over the college chapel: “Wisdom dwelleth in the heart of him that hath understanding”; and various excerpts from its brochures, catalogues, and a convocation address made by the University’s president. Jacobsen, a senior who was not graduated because of poor scholastic standing, claims that the University’s failure to meet its promises made through these quotations constituted fraudulent misrepresentation or deceit. Decision?In a written contract, Sheldon agreed to tutor the children of Mrs. Smith for a certain period of time. However, Sheldon, prior to starting classes, announced that he would not be able to tutor the children due to other commitments of his. In this case, there has been a(n): rescission. negligent breach. anticipatory breach. O malpractice.Joseph M. Billy was an employee of the USM Corporation (USM), a publicly held corporation. Billy was at work when a 4,600-pound ram from a vertical boring mill broke loose and crushed him to death. Billy’s widow sued, alleging that the accident was caused by certain defects in the manufacture and design of the vertical boring mill and the two moving parts directly involved in the accident, a metal lifting arm and the 4,600-pound ram. If Mrs. Billy’s suit is successful, can the shareholders of USM be held personally liable for any judgment against USM? Explain your answer.
- An intruder entered through a window and raped McCutchen in her apartment. MCutchen sued the landlord, Ten Associates, for failure to provide adequate security and failure to warn her of the risk of intrusion through the window. Ten Associates claimed that they had no way of anticipating an intruder. Evidence was introduced that revealed the landlord knew or should have known of a prior rape and numerous intrusions through apartment windows. Does it appear that Ten Associates was negligent in providing for the security of tenants?Professor Shott buys a Porsche against the wishes of his much more intelligent wife. Professor Shott soon realizes his mistake when he starts to make the car payments. Jane, a very wealthy 17 year old, offers to buy the Porsche and Professor Shott accepts. Now assume that before she turns 18 Jane gets in an accident and badly damages the Porsche causing $20,000 in damage. Assume she originally paid Professor Shott $50,000 for the car. If Jane now seeks to return the damaged car what is the result? Professor Shott must refund Jane his money minus the amount of the damages. Professor Shott does not have to refund Jane anything. Professor Shott can demand it be repaired before giving Jane a refund. Professor Shott must refund Jane 100% of his money even though he damaged the car.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.
- Differentiate obligations arising from delict from obligations arising from quasi – delict.Bob, an engineer, is a new employee at Airbag Industries, which specializes in manufacturing automotive airbags. Before his employment, Bob is required to sign various documents indicating that he would have access to confidential information related to Airbag Industries' business practices, customer lists, and other information that must remain confidential. It further provided that any new developments created by Bob would be the property of Airbag Industries. Further, it provided that if Bob left the company he could not compete against the company in the United States for 10 years. Bob leaves three years later to set up his own airbag company. Explain why protecting their intellectual property is important to Airbag Industries. What intellectual property issues are involved in this scenario?Under what circumstances should a principal (employer) be responsible for the torts committed by an agent (employee)? If an agent injures a third party during the course of employment, to what extent should the employer be held liable? Under what circumstances should the agent be held personally liable? Provide an example to illustrate your opinion. What ethical considerations underlie the doctrine of respondeat superior?