Question
Requirement: use the IRAC model to answer questions. 1) Jim offered to buy James'sPorsche motor vehicle. Jim gave James 2 weeks for an answer. Two
Requirement: use the IRAC model to answer questions.
1) Jim offered to buy James'sPorsche motor vehicle. Jim gave James 2 weeks for an answer. Two days after, Jane offered to sell herPorsche motor vehicle to Jim for which he was very excited to purchase because she had the latestmodel. Jim called James and told him personally that he is no longer interested in purchasing hisPorsche.James is very upset, because he was keen to sell. He is of the view that Jim cannot withdraw his offer because the two weeks has not elapsed. He knows that you are a business law student at Open Campus and sought your advice on the matter. Advise James.
Will your answer be the same, if Jim failed to communicate to James within the two weeks that he no longer is interested in purchasing James'sPorsche motor vehicle and James accepted on the last day of the end of the two weeks? - Offer & Acceptance
2) Sherman Limited (TL) is a well-known trucking company that transports goods from the port to various destination within Trinidad and Tobago. Trump Limited is seeking a truck maintenance firm to provide routine maintenance to their fleet of 100 trucks.
Glavin Limited (PL) has a truck maintenance firm, who is interested is providing Sherman Limited with maintenance services for their trucks. Sherman Limited requested that Glavin Limited makes a bid for maintenance services and on the 1st January 2022, Glavin Limited submitted a bid for the sum of one million dollars per year inclusive of all related spare parts.
On the 1st February 2022, Sherman Limited informed Glavin Limited that they have been selected to provide routine maintenance services for their trucks and required Glavin Limited to enter into an agreement with Trump Limited.
The contract was effected on 15th February and contains the following provisions/terms:
- Glavin Limited will provide normal maintenance to certain trucks.
- Sherman Limited will pay Glavin Limited customary maintenance fees.
Within one month of this arrangement, one of Sherman Limited trucks ran off the road and was badly damaged. The accident was largely due to faulty brakes, which was not properly maintained. Sherman Limited is very upset about the loss and plans to sue Glavin Limited for the cost to repair the truck.
However, Glavin Limited is of the view that some of the terms of the contract are not clear, and as such this affects the validity of the signed contract and Sherman Limited has no grounds to sue.
Glavin Limited is seeking your advise on this matter . - Terms of Contract
3) The manager of Konoko Oil Company is seeking police protection for the duration of a strike at the Head Office. The police suggested that a mobile patrol would be adequate, but the manager insisted on a permanent police presence because of pending lawlessness by strikers. The manager then offered to pay the Police, if they will provide a permanent presence on the site during the duration of the strike.
The police agreed to provide 10 officers at a rate of $100 per day per officer for the entire strike period, which lasted two (2) weeks. The Commissioner of Police a few weeks later, sent an invoice to Konoko Oil Company for the two weeks services provided. However, Konoko refused to pay. Konoko argued that the Police are under a duty to protect and serve the company from any pending lawlessness and or violence, and as such they do not have to pay for the Police performing such services.
The Commissioner of Police has sought your advice on this matter. Kindly advise him. - consideration
4) Dustin lived with Jeremy in the same house and many regard him as a family member. Dustin, Jerome and Jerome's wife Lucille all contributed monies each week with respect to the weekend's lotto, for the last few months with the goal of striking it rich. The Lotto currently stands at $20 million dollars.
Over the last few months, Jerome travelled to the lottery agent to play the selected numbers. There is an informal agreement between Dustin and Jeremy, in respect of travel expences pertaining to the weekend's Lotto, which they agreed will be shared amongst the three (Jerome's wife Lucille to be included as well ). They also agreed that whosoever wins the Lotto, the prize money would be shared amongst the three in equalporportion.
Lucille was not present at the time of the agreementin respect ofthe sharing prize moneies in the event the parties won the Lotto. However,it was assumed that she will agree to the terms, because she was quite aware of the informal arrangements between Dustin and Jerome.
One day, Lucille was asked to travel and play the selected numbers andto everyone surprise, those numberswon the lotto that weekend, in the sum of $20 million dollars. Justin upon hearing the news could not control himself with happiness, "I am rich, I am rich", he kept saying.
However, Lucille refused to pay the 1/3rd share to Dustin, enunciating that the arrangement mentioned above between Justin and Jeremy was arrived in a domestic settings, for which she was not present. She claimed that no legal consequences can be derived from that informal arrangement between Justin and Jeremy, as such no contract existed.
Advise Justin on this matter. - Intention to contract
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