Breach

an exclusion clause in the contract regarding TentMe’s liability. Cathy can claim that TentMe has breached the contract and may be able to get a remedy but may or may not be able to hold them liable for damages caused to her company car. Issue 1 Breach of…

Assignment 1 Contract Problem Case Study Introduction The contract is a voidable contract. It is an express and implied understanding that the agreement was legally binding, meaning that, it would be enforceable by the courts if the parties took legal action to resolve the dispute between them. This case is a contract case since both parties have come up with the business agreement. That is, LNPL will provide service to Mr Garae and Mr Garae in return will pay for this service offer. Mr Garae…

regarding the Psycho Chihuahua created by Rinks and Shields. The new advertiser produced commercials using the psycho Chihuahua and never paid anything to Wrench LLC. The plaintiffs sued to recover damages for breach of an implied in fact contract. The issue in this case was whether there was a breach of an implied in fact contract. There was sufficient evidence from the conduct of the parties to create an implied in fact contract. The court found that the plaintiffs had provided enough…

oral and written. First Data POS v. Willis Group (2001) Any agreement that is not to be performed within one year from the making thereof, must be in writing and signed by the parties. Civil Code 1350 One cannot sue for fraud based upon the alleged breach of an oral contract which would itself be unenforceable under the Statute of Frauds. Hieke v. George (1999) Where a representation is controverted by the express terms of the contract, a plaintiff will be unable, as a matter of law, to…

Contract is an agreement between two or more parties that is indented to be legally enforceable. A contract can be in writing or made orally and can be entered into by signing a document, agreeing to something on the telephone or clicking on ‘I agree’ on a web page. There is a distinction between B2B (also know as, business to business) and B2C (business to consumer) contracts. In its simplest form, B2B refers to transections between two businesses where both the buyer and the seller are…

Question A. Yes, this is an enforceable contract. Postal rule is one of the rules of contract law that makes an exception to the general rule that an acceptance can only occur when communicated directly to the offeror. This is considered a legal binding contract as the acceptance match with the offer. It is an enforceable contract due to reasons mentioned below. 4 elements of a contract The elements to create a legally binding contract are as follows; 1. Legal capacity – a person above 18 years…

analyse their IT Security. To their relief all three firms reports came back saying that the IT Security Network was free of malware. HPS believed they were malware free until their own staff members found the malware four months later. Since this breach HPS have increased IT Security by implementing new policies, such as: · Encrypting cardholder data from the beginning of the transaction, right to the end of the…

Issue: Whether Li Min can take some legal action to strike with her rights and whether Wang Wei or his employer which named Scuba Eats liable for the harm of Li Min? Rules: This case refers to three parties, the plaintiff- Li Min, the defendants- Wang Wei and SucubaEats. This omission is in the category of negligence of tort law which is defined as the tortfeasor failed to take some reasonable measures to prevent loss, damage, and injury. First, the duty of care exists in any situation where…

Following the Equifax data breach, the demand—the desire, willingness, and ability to pay for a good or service by consumers—for Symantec’s LifeLock identity protection services has soared, and the demand for Equifax’s similar identity protection services has dropped significantly. The relationship between the demand for a good and the price of a substitute good—a good that serves the same purpose—is usually direct: as the price of a substitute decreases, the demand for the original good also…

Taylor v Caldwell (1863) 3B & S 826 Introduction The case of Taylor v Caldwell is a fundamental case in the area of frustration with regards to contract law. Taylor v Caldwell is an extremely important case, as Murray states, "frustration developed to alleviate harshness of absolute obligation rule". Frustration comes about in circumstances where the courts will discharge the parties of obligations under the contract, therefore meaning that the parties are not liable for any further…