Business Law Case Studies - 1035 Words

Problem 1 a) Can Tim sue his father Jack on the basis that the parties intended to contract, and that sufficient consideration was applied? b) The relevant rules are every simple contract must be supported by consideration, a promise to fulfil the terms of a contract is not always good consideration, and the rule that an agreement that is commercial in character can amount to a binding contract c) Todd v Nicol [1957] SASR 72 (Supreme Court of Australia) d) Yes, Tim might be successful in court if it can be proven that Jack provided sufficient consideration in the form of a promise to lend Tim the $50,000, and if clear evidence of intent to contract can be determined, as was determined in Todd v Nicol. Both parties provided†¦show more content†¦c) Olley v Marlborough Court Ltd [1949] 1 All ER 127 (UK Court of Appeal), Reg Glass Pty Ltd v Rivers Locking Systems Pty Ltd (1968) 120 CLR 516 (High Court) d) Angela may well be successful in court, as it could be argued that there is an implied term in the contract that the hotel should provide reasonable care. As seen in similar circumstances in Olley v Marlborough Court Ltd, by leaving the door to Angela’s room unlocked, the hotel did not fulfil this term of providing reasonable care. The sign on the back of the door is not an express term within the contract, as it was not communicated at the time the contract was made. Problem 6 a) Can Andy sue Doug for breach of contract given the terms implied based on the facts of the case? b) The rule that courts will imply a term that was overlooked when the contract was being made, as it was so obvious c) The Moorcock (1889) 14 PD 64 (UK Court of Appeal, Costa Vraca Pty Ltd v Berrigan Weed Pest Control Pty Ltd [1998] FCA 693 (Federal Court) d) Andy is likely to be successful in court. Although the only express terms were that Andy would pay $400 for use of the paddocks for his horse, there is a potential implied term that the paddocks would be reasonably equipped to service the horse, especially given both parties understood that the horse would require grass and water during the time it was living in the paddock. As in Costa Vraca v Berrigan Weed Pest Control, DougShow MoreRelatedBusiness Law Case Study1437 Words   |  6 Pagesï » ¿Business Law Case Study Module 4 PLAINTIFFS STATEMENT: The Parties – Alex Johnson vs. Bethlehem Ice Solutions    Opening Argument    Those familiar with skiing know that there are risks involved when one chooses to participate in the sport.   Those risks, however, should be associated with self-inflicted harm caused by mistakes that a skier may make and not unforeseen obstacles and dangerous situations.   The injuries sustained by Alex Johnson on the slopes at Bethlehem Ice Solutions (BIS) were notRead MoreBusiness Law Case Study1954 Words   |  8 PagesCase Jonathan, a moneylender makes a loan of $1,000 to Sheba on Sheba’s representation that she is 19 years old. Sheba is in fact 17 years old. She enrolled for diploma course with a private college for $500, spent $200 on a holiday, and the balance of $300 on a mini hi-fi set. She now refuses to pay Jonathan. In this case, we are acting for Jonathan (plaintiff). Jonathan sues Sheba (defendant) because of free consent and capacity. Free consent that we talk is about misrepresentation whereas capacityRead MoreBusiness Law Case Study2352 Words   |  10 PagesLegal Issues in Management Final Case Study Christine Stout Southern Oregon University Business law – case study The case study of John and Stacey has so many complicated elements that apparently all the stakeholders involved apart from the two mentioned could sue or be sued against. This paper assumes that this is the scenario for this paper. The characters involved are John and Stacy, a restaurant owner, the owner of a townhouse, the owner of the mink on which John tripped and subsequentlyRead MoreBusiness Law Case Study2067 Words   |  9 PagesBusiness Law Case Study In the case presented, Biff Smith, the Chief of Police of the local department ordered a set of bicycles off of a local storeowner, Dirk Right. 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Choice of Supreme Model for camera -Posted to old address, Sam received on Saturday and emailed on the same day Read MoreBusiness Law: A Case Study1531 Words   |  6 PagesBusiness Law In business law, there are a number of procedures that are used in settling disputes. For cases, under $5,000.00, small claims court is utilized as a way to effectively litigate potential issues and come to a solution in a cost effective manner. This is when there are no attorneys present. Instead, each party will present their side of the story to the judge. They will bring forward their own witnesses and evidence to support their case. (Warner, 2012) To fully understand how it worksRead MoreBusiness Law Case Study1259 Words   |  6 Pages Case Study Case 1 A Sydney tramway passenger was injured in a collision with another tram, which occurred after the driver collapsed at the controls. The plaintiff argued that the collision could have been avoided if the tramway authority had fitted the tram with a system known as ‘dead man’s handle’, a system in use on Sydney’s trains. This would have stopped the tram and avoided the accident. The device had been rejected by the tramway authorities because it was felt that it could cause driversRead MoreCase Study : Business Law Case1557 Words   |  7 PagesBusiness Law Case 1: Kate is the owner of a successful business, selling women’s shoes. Her business is expanding fast and she wants to upgrade her business structure to a more appropriate one. What would be your recommendation to Kate and why? What are the factors that influence you with this advice? Solution/Advice 1 Choosing a Corporation/Company Structure - the business structure of a company/ corporation is highly recommended, it has the flexibility to gain more capital, or credit capabilityRead MoreBusiness Law - Case Study1905 Words   |  8 PagesTimber Yard. He made known to Frank, the sole proprietor, the purpose and requirement of the materials and placed an order. John signed a standard form contract and paid a deposit. Two months later, problems arose which caused John to delay his business. John incurred financial losses. B. IDENTIFYING THE ISSUES 1.0 CONTRACT BETWEEN JOHN FRANK. It is obvious that there is a contract for the sales of goods between Frank and John. Therefore, terms implied by statute into the sales ofRead MoreBusiness Law - Case Study Assessment1310 Words   |  6 PagesBusiness Law --- Case Study Assessment Question 1: A.Register an Australian company through a number of business service providers who use software that deals directly with ASIC. Firstly, search business directories or the internet for ‘shelf company services’ or ‘Australian company registration’. Because these providers can also offer full company secretarial services covering registers, consents and share certificates. At the same time, we can complete the Application for registration as an Australian