Question
12) James told his friend and fellow lecturer Rob that he'll buy him a beer when the last trimester ended. That never happened. Using your
12) James told his friend and fellow lecturer Rob that he'll buy him a beer when the last trimester ended. That never happened. Using your understanding of contract law, explain if Rob can take legal action against James for "breach of contract"?
13) Independent contractor Paul Lee is in a contractual dispute with a company he rendered services to. He claims that the agreement he signed with the company was fundamentally different from a draft that he was shown after negotiations. As a result, he now claims he that he is not bound by the contract he signed. Is Paul correct?
14) Martha's employment contract contained an illegal term, i.e. that in the event of her resignation, she needed to pay the company six months of her last drawn salary for "administrative purposes". Martha has been told that this is illegal. Suggest how Martha could go about removing this term.
15) When Thomas applied for a job as a Finance Executive with a local company, he had to fill in a form. One of the questions asked was if he had ever been convicted for a criminal offence? He indicated "no". Briefly explain if Thomas' failure to disclose such information when asked amounts to misrepresentation.
16) What common law test would the courts use to determine the amount of damages that will be payable to an injured party in a breach of contract?
William is Accounts Executive in a local bank. His employment contract contains a term that says he cannot work for another bank for six months after he resigns from his current position. Briefly discuss the enforceability of such clauses in employment contracts.
18) Jess signed a two-year lease for a residential premise. Recently, her landlord has informed her that the whole building was to be acquired by the government for development purposes. The lease is six months old. What has happened to the lease contract?
19) Explain the rationale behind the fact that should a minor order one plate of chicken rice, he would be bound by the contract, but if he orders 10 plates of chicken rice, he would not be bound by the contract.
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