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Contract Law-Commercial Purpose assignment - Case Study Example

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Summary to case study on topic "Contract Law-Commercial Purpose assignment"
What is the arrangement between Mr. John Nile and Mary Johnson for the charter of the Boat What is the role of Mary Johnson or her son Bill Johnson in the proposed commercial venture Are they partners or just letting out the boat on charter to Mr. John Nile How Mary will be paid; whether on the basis of the number of hours the boat is used or per the number of passengers handled by Nile
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Download file "Contract Law-Commercial Purpose assignment" to see previous pages... Who is responsible for the payment of the crew of the Boat Is it included in the charges negotiated with Mary Who will decide on the correctness of the amount payable to the crew Will Nile's concurrence be obtained for the charges payable to crew (This is important as this will affect the net earnings from the whole venture)
Whether the boat will be made seaworthy by completing the defouling and painting the hull before the cruises start Who will pay for the charges for such defouling and painting Has it been agreed that "the boat will be made seaworthy by the owner before the cruises start" will form part of the contract
Has the boat been insured If so what are the obligations of the insurer Till what date the insurance is valid Does the insurance cover the third party claims in case of accidents If currently there is no insurance,
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who will pay for the insurance coverage
Has Mary a right to rescind the contract If so what are the terms (Notice period requirements, compensation for premature terminations are to be decided, as the tickets for such cruises will be sold in advance by Mr. John Nile and any unexpected withdrawal by Mary from the contract will put Mr. Nile into difficulties of facing the claims of the proposed passengers.)
Has it been made known to Mary that pursuant to entering into a contract for the charter of t...
Nile into difficulties of facing the claims of the proposed passengers.)
Has it been made known to Mary that pursuant to entering into a contract for the charter of the boat, she will become binding for all legal obligations arising out of the contract whether expressed in the contract or implied by common usage in the charter of boats for cruises commercially
3. What are the rights and obligations of Mr. John Nile under the proposed arrangement
Has Mr. Nile ensured that the boat is capable of carrying 40 passengers ( Since his commercial calculations are based on this assumption it is important that this point should be cleared) Can Mary produce a certificate to the effect that the boat can carry 40 passengers at a time In case if a certificate cannot be produced, is she agreeing for the legal consequences of the boat being capsized due to overweight of the passengers Is she aware of this eventuality
Does Mary have a say in the fixation of the charges for the passenger fares for the cruises Does it need to form part of the contract while specifying the consideration payable to Mary
What is the agreement relating to the provision of other amenities in the boat other than food and wine For Example provision of clean toilet facilities, provision for the clean maintenance of the deck and the retiring rooms- whose responsibility is this Who will bear the cost of the maintenance materials and maintenance crew Has this been included in the costs payable to Mary
Has Mr. Nile discussed with Mary or her son about his withdrawing from the contact, in case he is not able to mobilize enough passengers to carry out the venture If not what are his ideas on this (The contract should mention a notice period and penal clauses for both the parties in case the ...Download file "Contract Law-Commercial Purpose assignment" to see next pagesRead More
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