How Mr Johnson Has Sold the Roll Royce to Milfred - Case Study Example

Question no one A week before the wedding Mr Johnson has sold the Roll Royce to Milfred. This was done under the condition that Milfred would be giving the car to Lucy wedding in May and that was available for hire for Mrs Lastic.This was not fulfilled. The Advice to Johnson In article, ‘Discharge of frustration’ written on 2002 it is stated that a contract that is formed can be bought to end by Discharge of the Contract. Discharge of contract by frustration can occurs if performance of contract is made impossible and the parties are not fault as per article, ‘Discharge of frustration’ written on 2002. The event should occur after the contract is signed. The event in that case the contract is ‘frustrated’ and discharged. There should be a provision in the contract to state that contact will be terminated after unforeseen event has occurred. The Frustrated Contracts Act 1988 as per article, ‘Discharge of frustration’ written on 2002 states that partial frustration of the contract may not result in the failure of the contract. If a part of the contract is frustrated by a change in event only that part remains frustrated. The Time of essence clause should be included in the contract. By this clause, what is meant is that a reasonable amount of time should be given for performing a thing. The contract entered should be enforceable under the law and the essential terms of agreement has to be well settled. This can be said as further by an example and let us assume that there are two persons namely Y and Z. Y had agreed to sell Z a vehicle for Australian Dollar 100 and Z had agreed to buy that vehicle for the above said price. The promise had been made orally and the binding contract will be there. This will happen even when there was no subjective intention of getting bind to the contract and the binding contract would be made by exchange of promises. The law will state that the binding contract would be made even if neither party would have thought of the matter. That means Y would be conducting the act of selling in such a way that any person would think that Y intention was genuine and subjective reservation from the part of Y not to contract will not be preventing from the contract to exist and this can be avoided if Z had known that Y was not interested in selling buy only meant playful when the offer was made and in that case the law will not impose the party of relationship to both Y and Z. This can be said as the objective theory of the contract and that means the issue will remain whether the objective is assessed from the point of the promise and promise. There are viewpoints that suggest that the subjective intention to form the contract need not be there and objective approach does not mean that the subjective factors will not be there at all. There has to be looking of the intent of forming a legal contract and that should not be forgotten at all. The intention can be proved by using the document of the contract though in some cases the statement of parties and any other outside material can be considered. That means Johnson would be or should be taking action against Milfred The Advice to Mrs. Kay The breach may occur when the party concerned may be not interested in fulfilling the obligations as stated in the contract. The other case study that has to be considered Marshall V Gotham & Co. Marshall was killed when the mine roof fell in. It would have been ‘practicable’ to shore up the entire roof system, but not ‘reasonably so’, given that it was not known there was a fault there. To have shorn up the entire roof of the mine ‘just in case’ would not have been reasonable in the circumstances. Barkway v Sth Wales Transport Co Ltd (1950) Man killed in a coach crash due to burst tyre. Company could show a system for inspecting and testing tyres. However, they did not require drivers to report incidents where tyres could be damaged thus held liable for negligence That means that it has been the duty of Mrs Kay to maintain the equipment. She has been negligent in carrying her duties. Lord Green defined ‘Systems of Work’… It may be the physical layout of the job – the setting of the stage, so to speak – the sequence in which the work is to be carried out, the provision in proper cases of warnings and notices, and the issue of special instructions. Advice to Mr leslie “A breach of contract occurs when a party thereto renounces his liability under it, or by his own act makes it impossible that he should perform his obligations under it or totally or partially fails to perform obligations”. The issue of damage should be stated in the contract and if it is not stated, then both parties should agree to the damage claims. Only if it fails, then the issue of court should be preceded. The theory would be looking forward to the ‘quid pro quo’ between the parties. That means the claim that the extra charge need be paid only when the event will be occurring and that means there should be a successful completion of transaction and it has been seen that it has occurred in this circumstance and if the specified event would not have occurred then the claims that has been made by Leslie would not have stand Advice to Lucy and Mrs lactic Looking at the above claims, it is better for Lucy to seek damages. Lucy has found out that duties and responsibilities has not been done according to the contract or job order instructions and in the course of Lucy has incurred certain additional expense and Lucy is normally entitled to reimbursement by the principal of such expenses, as long as they are reasonable and in this case has been so. Question no two Mad Idea The company can authorize persons for entering the contract and there will be problems when the persons who are assigned for the job has entered into contract has done it for personal benefits rather than the benefit of corporation. . The company form of organization will see that specialist managers to administer day to day operations. Smaller companies are usually managed by few persons and it can be easily done. The case differs when there is large number of companies as there will be share holders and they will be from different parts of the world. It is in these back ground that there will be strict laws that will help in the regulation of the company. The companies are legally created entities and there has been a body of law that has governed their formation and operation. The company’s act of United Kingdom of 1844 has been the base of modern city legislation. There are methods under which the company may be entering into contract. The first is to use the company seal in the document provided the company has got seal. The other method is for the company’s appropriate person to sign the document. That would mean that the company has not been signing the contract with the concerned person and the company did not have clear policy on giving the salary. The first valid point in the case is the advertisement. Generally under the false advertising laws, advertisers are not required to state affirmatively or publicize things about product and services and that has been the case. Here the payment has been promised orally but not in written terms and that stands.The company has remained silent and that can imply false representation. The company has failed to disclose issues that the employee may be finding misleading. The material fact that has been omitted in the advertisement or that can be said as misleading . There is also question of unfair practice as there is immorality involved and it has been causing substantial injury to the employee that should be understood. The competitive free market allows the consumer to switch to another person if he or she has encountered with a poor work service. For the consumer protection law to work effectively there should be clear cohesion of both private and public enforcement of consumer law.The company should be claiming damages from the other person. From the point of company an identity theft has been done. An identity theft can be said as someone who will be using intentionally the data and that can be used to get the personal identification and the data collected will be used for sending spam message or some other things. There are several methods to assume some ones identity and the database can be looked into to understand whether any data has been compromised. Keeping a log of tracking actions of users logging into the system should be looked into and the IP address can be found out. The other method will be limiting the search of log onto a time frame and looking out for odd and out of sequence events. There can be scanning for “get” parameters that are improper and beyond the technical search what can be done is to find out the spam messages that are being send out. The other method is to bring a command prompt and that can come in dos format and run “netstat-a”.This will be giving the network connections that has been from the computer and that will be easiest method to find the remote access anyone has on the computer. The data that has been taken is using unauthorized access and that will include the hacker has done with the intention of coming into the system. There is no need for intention of causing harm to attract the law and the access has been done a system that has been protected .All computers will be covered under this act and it is better the performance of the hacker has damaged the integrity of data. There has to be implementing of software for preventing the data to be stolen and there has to be clear coordination with government agencies. Advice to Johnson In article, ‘Discharge of frustration’ written on 2002 it is stated that a contract that is formed can be bought to end by Discharge of the Contract. Discharge of contract by frustration can occurs if performance of contract is made impossible and the parties are not fault as per article, ‘Discharge of frustration’ written on 2002 . The event should occur after the contract is signed. The event in that case the contract is ‘frustrated’ and discharged. There should be a provision in the contract to state that contact will be terminated after unforeseen event has occurred. The Frustrated Contracts Act 1988 as per article, ‘Discharge of frustration’ written on 2002 states that partial frustration of the contract may not result in the failure of the contract. If a part of the contract is frustrated by a change in event only that part remains frustrated. The fact that increased payment has been given for sometime is ample proof that there should be a valid reason for the company to back track on it. The claims of damage that can be made is the Financial loss The point that has to be made is the loss of monetary benefits due to loss in payment and it has been due to no fault of the employee . That has led to the frustration in the mind of the employee. Psychological loss The loss of mind when the buyer came to know about the payment has to be understood and damage has to be paid by the company by disclosing the facts. Y had agreed to sell Z a vehicle for Australian Dollar 100 and Z had agreed to buy that vehicle for the above said price. The promise had been made orally and the binding contract will be there. This will happen even when there was no subjective intention of getting bind to the contract and the binding contract would be made by exchange of promises. The law will state that the binding contract would be made even if neither party would have thought of the matter. That means Y would be conducting the act of selling in such a way that any person would think that Y intention was genuine and subjective reservation from the part of Y not to contract will not be preventing from the contract to exist and this can be avoided if Z had known that Y was not interested in selling buy only meant playful when the offer was made and in that case the law will not impose the party of relationship to both Y and Z. This can be said as the objective theory of the contract and that means the issue will remain whether the objective is assessed from the point of the promisor and promisee. There are viewpoints that suggest that the subjective intention to form the contract need not be there and objective approach does not mean that the subjective factors will not be there at all. There has to be looking of the intent of forming a legal contract and that should not be forgotten at all. The intention can be proved by using the document of the contract though in some cases the statement of parties and any other outside material can be considered. Advice to Dominic There has to be agreement of special terms and that will mean that Dominic would have agreed to the special term of signing the contract and the Dominic would have been entitled to receive the payment as the action has been actually and directly bringing a contractual relation between the Dominic and company. The assumptions that could be made CORPORATIONS ACT 2001 - SECT 128 under Australian Business law. Entitlement to make assumptions (1) A person is entitled to make the assumptions in section 129 in relation to dealings with a company. The company is not entitled to assert in proceedings in relation to the dealings that any of the assumptions are incorrect. (2) A person is entitled to make the assumptions in section 129 in relation to dealings with another person who has, or purports to have, directly or indirectly acquired title to property from a company. The company and the other person are not entitled to assert in proceedings in relation to the dealings that any of the assumptions are incorrect. (3) The assumptions may be made even if an officer or agent of the company acts fraudulently, or forges a document, in connection with the dealings. (4) A person is not entitled to make an assumption in section 129 if at the time of the dealings they knew or suspected that the assumption was incorrect. Read More