Question
1. X has several outstanding debts, including: BDT 10,000 owing to B BDT 5,000 owing to C Y, X's father, offers to pay B the
1. X has several outstanding debts, including:
BDT 10,000 owing to B
BDT 5,000 owing to C
Y, X's father, offers to pay B the sum of BDT 2,500 on the understanding that B will not make any claims against X for the balance of the BDT 10,000 debt. B agrees, but later changes his mind and claims the balance of the debt owed by X. C agrees to accept a sweepstake ticket in the Melbourne Cup in settlement of the debt. Later C thinks that the ticket was not sufficient and wants repayment of half the BDT 5,000 debt in addition to the ticket. Would B and/or C be successful?
2. Albert is a developer. Bea is the owner of a block of land upon which she intends to build a house. Albert and Bea enter into a contract for Albert to build a house for BDT 75,000. The contract contains no provision for the price to increase in line with price rises in materials. The price of materials rises significantly. Albert wants an extra BDT 10,000 to continue. Bea agrees and Albert builds the house. Does Bea have to pay the extra BDT 10,000?
3. On 1 March 2017, the EDU Soccer Team booked a flight to London to participate in the World Universities Football Cup from 21 to 26 March 2017. Their travel agents, Freedom Flight Corp, gave a discount fare of BDT 2,000 per person, 50% of the price was paid upon booking and the balance of the price was to be paid on 19 March 2017 upon collecting the tickets. On 18 March 2017, the air traffic controllers of Airport declared a strike when the airport management refused to reduce their retirement age to 45 years old. When the EDU Soccer Team went to Freedom Flight on 19 March 2017, he refused to pay the balance unless it is confirmed that the team can fly out of Dhaka on 19 March 2017. The strike lasted for three days. By that time it was too late for the team to compete in the competition. The EDU Soccer Team claims for the return of the sum paid to Freedom Flight. Freedom Flight refused to return it and instead sued for the balance 50% to be paid by the EDU Soccer Team. Decide.
4. Sam, the Accountant of XYZ Bhd, often acted as the Acting Manager of the company while the Managing Director and other senior staff were absent. His normal duties when in such a position involved overseeing internal company matters and ensuring that his own Accounting Department operated well. While acting as Acting Manager, Sam purchased land at auction from TP on behalf of the company for RM 1 million. Advise XYZ Bhd whether it may withdraw from the contract on the ground that Sam acted outside his authority. Discuss
5. What are the essential elements of partnership? Why the partners are unlimitedly liable for the debts of the firm?
6. What are the differences between a company and a partnership business in Bangladesh? What do you mean by 'corporate veil'? How Salomon V A Salomon & Co Ltd case developed the doctrines relating to corporate veil and company being a separate entity?
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