CHECK THESE SAMPLES OF Inability to Performance a Contractual Duty
It was under this particular clause of the contract that Steggles was considered to be liable to offer ‘any extra shed capacity' to the Growers in preference to any other third party which apparently depicts the occurrence of a contractual dispute.... The Federal Court of Australia issued its judgement in the case of Steggles Limited v Yarrabee Chicken Company Pty Ltd [2012] FCAFC 91 under the Federal Court of Australia Act 1976 (Cth) of contractual dispute....
15 Pages
(3750 words)
Case Study
Worf cannot enforce the contract against Picard because Riker acted outside its actual authority and against the instructions of the principal.... n the given problem,the named principal instructed the agent to negotiate for the wine collection with a limit of $200,000 but the agent contracted… If a principal is disclosed and named, and the agent acts out outside its actual or apparent authority, then only the agent is liable to the third party....
8 Pages
(2000 words)
Case Study
The following essay "Liabilities In Post contractual Benefit" deals with the concept of a valid contract.... As the author puts it, it is most respectfully submitted that there did not exist any valid contract providing for 20% deduction, on the total cost of function to be held at Avoca Haven....
8 Pages
(2000 words)
Essay
This paper discusses the essentials of formation of a legally binding contract.... It further discusses the significance of different types of terms in a contract and how they affect them.... It also discusses the different types of liabilities that may arise under different circumstances.... hellip; The requirements of a legally binding contract include a valid offer, acceptance, consideration....
16 Pages
(4000 words)
Essay
The paper evaluates contractual aspects and business negligence.... It has such sections: elements of valid business contracts; application of contracts in business situations; principles of liability in business negligence; application of principles of liability in business situations....
9 Pages
(2250 words)
Coursework
The need for a duty of care, which underpins the aspect of tort laws in the UK, has been established in the seminal case of Donoghue v.... This author covers the main aspects relating to the law of Torts and the various factors that impinge upon the various case scenarios.... The author strives to delve on empirical aspects of, interalia, the Occupier's Liability laws that have practical connotations and legal ramifications....
12 Pages
(3000 words)
Case Study
nbsp; According to the court in the case of Caparo Industries plc v Dickman, the duty of care exists when the following elements are present (a) the harm done can be reasonably foreseen as result of the defendant's conduct, (b) there is proximity between the act of the defendant and the harm suffered by the claimant, and (c) the act of imputing liability is "fair, just and reasonable.... As the occupier of the premises, Rare Plants Ltd has the duty of care towards its visitors....
10 Pages
(2500 words)
Case Study
nbsp; A contract for service refers to any agreement verbal, written, implied, or expressed whereby one person is engaged as an independent contractor to execute an assigned duty or the project for the company (Riches & Allen, 2009).... The principle of the rule of law, in this case, was to establish whether the performance of the contract was impracticable as a result of legal impossibility that could render the contract voidable (Peel & Treitel, 2011, 63)....
9 Pages
(2250 words)
Case Study