BUSINESS LAW

1. Lena contracted mariene, a musician to perform during a talent music award. Two days before the much-awaited event, mariene contracted a severe bout of malaria and was hospitalized. She was therefore unable perform at the award.

Lena is aggrieved as she had already paid a deposit to mariene

Advise lena.

2. The general rule that for a contract to be discharged by performance, the performance must be precise and exact was exceptions to mitigate its harshness

Discuss five exemptions to this general rule.

3.In relation to the law of contracts, describe three mistakes that render a contract void.

4.a) An offer is a promise which when accepted constitutes an agreement. It may be terminated by revocation, counter-offer or by lapsing.

Discuss four ways in which four ways in which an offer could collapse

b) The general rules is that silence cannot constitute a misrepresentation. A party to a contract is therefore under no duty to disclose all material facts.

Explain the exceptions to this rule.

c) Peter, a manufacturer, entered into a contract to make 10,000 candles for paul, a wholesaler. Paul issued an order to peter for the supply of the candles subsequently, there was a major power blackout which lasted for three days thereby affecting the operation at peter's processing plant.

In addition, peter machine broke down due to power after he had made 8,000 candles. Peter has submitted a claim to paul for payment for the 8,000 candles. Paul has refused to pay peter on the ground that the contract is not fully executed.

Explain the legal principles applicable in the case and advise peter.

5.Highloight the rules that govern the capacity of parties to enter into legally binding contract.

6. In relation to the contract of sale of goods.

Explain three categories of unascertained goods

Explain the meaning of resale

State four circumstances when the unpaid seller might exercise the right of resale

7. In studying law there are various case law which are used as examples and they state the penalty given when not abiding by them. Therefore, why did Donoghue not sue in contract or under the sales of goods legislation in the case of Donoghue verses Stevenson (1932) AC 562 at 580 (manufacturer)?

8. Facts and law in a negligence are governed by various case which are used to elaborate on their occurrence and their structure in law. With so list some examples of that that constitutes questions based on both, fact and law in a negligence case.

9. According to law, it is used to guide human conduct and are enforced to be abided by in real life situation. List and explain four aspects of your daily life which would be drastically different if the law of contract could not be used to enforce promises.

10. According to the postal acceptance rule, where the parties contemplate the use of the post as a method of communication, an acceptance to an offer is deemed to be effective as soon as it is posted. Why do you think the courts originally developed this postal acceptance rule? Do you think those reasons are still valid today?