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I need answers ASAP. Can someone provide solutions please. Frederick had been accustomed to dealing with Mario, the owner of a music store with which
I need answers ASAP. Can someone provide solutions please.
- Frederick had been accustomed to dealing with Mario, the owner of a music store with which he had a running account. Frederick sent an order to Mario's music store for the supply and delivery to his home of some classical CDs. However, the music store had that same day been sold to Charlie the actual supplier of the CDs, vinyl records and other musical goods. Upon delivery of the CDs, Frederick used the CDs that he had ordered and bought from the store through Mario. When Frederick, subsequently became aware of the change of ownership of the music store, he refused to pay for them, claiming that he had intended to deal directly with Mario personally as he had a set-off arrangement with Mario, that is, he was actually owed money by Mario. In this situation is Frederick liable for the price of the purchased CDs, the goods?
- Giorgio an elderly Italian, had a very poor understanding of English. When Frank approached him with a document for his signature, Giorgio was under the honest and mistaken belief that what he was signing was only a letter of introduction to his agent, Tony. However, what he actually signed and was totally unaware of, was a lease of his shop premises to Frank for a minimal lease and was not his intention or wanted to do. Frank is now suing Giorgio for specific performance and damages for breach of contract. Advise Giorgio.
- What is a fiduciary relationship and why is it important in business?
- What are the duties of a fiduciary?
- Why is it considered that there could be an abuse of power in contract situations where there is evidence of fiduciary relationships?
- Why is the vitiating factor of economic duress difficult to prove by the plaintiff in some cases? Provide an example.
- What are the categories of events that the courts have generally considered to be frustrating events that causes the contract to be discharged as between the contracting parties?
- A ship was chartered to proceed 'with all convenient fast speed' from Copenhagen to Amsterdam. One of the terms of the agreement read: 'all and every danger and accident of the seas excepted', giving rise to an exclusion clause in the event of any unforeseen delays. The chartered ship left Copenhagen but ran onto rocks the following day, and it was over three months before it could be towed off. After the shop was towed for repairs, it was found that many months of work and repairs would be needed on the ship before the ship would be seaworthy again. Was the contract frustrated, despite the inclusion and operation of the exclusion clause and term in the contract regarding accidents that occur out at sea?
- Bjorn a licensed plumber, agrees to supply and install a domestic heating service for Frida for ($) 1000. After the work is completed Frida refused to pay Bjorn, stating that the heater has not been properly installed. It is clear and evident from the water visibly leaking from the heater, that the domestic heater leaks due to the poor service and workmanship in the plumbing.
- Discuss whether Bjorn is able to recover the ($) 1000, or any other sum of money for his plumbing work and installation of the domestic heater from Frida if:
1. It will cost ($)500 to remedy the defects in the work; or
2. It will cost ($) 200 to remedy the defects in the work
3. It will cost ($) 50 to remedy the defect in the work;
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