Need help with short Legal Case study

[peter_88]

Hey guys

I am new to this forum. Basically I'm a engineering student and not at all good in management subjects.

So recently our lecturer gave us this short legal case study scenarios and we have to comment on them according to contract law and stuff. Please check the attachment and let me know if there are solutions available online or is it from some book which also has a sample answers to the questions

Thanks in advance..

PS: I have uploaded in both formats pdf and docx

 

[Shrusti]

1. John walks into a bookshop. Peter, the shopkeeper, asks whether he can help him, but John says he just wants to browse through the books on the fiction shelves. In fact, he is simply filling in time until he meets a friend. However, he sees a book on goldmining, which interests him, takes it to the counter and says he will buy it. Peter refuses to sell it to him. Can John claim that, contractually, Peter must sell him the book?

Interesting, I think he has the right to refuse and there is no contract.

2. Alvin signs a document in which he promises to sell his house to James and he agrees to keep the offer open for seven days. Two days later he receives a better offer from Jack. He sends a fax at once to James withdrawing his offer. James refuses to accept the withdrawal claiming that Alvin is bound by his promise to allow him seven days in which to notify his acceptance. Is the agreement between Alvin and James binding or enforceable? If the agreement is not binding, advise James how he should protect himself in the future.

Yes the agreement is binding and enforceable if its a written contract though if the contract stated that its an open offer and alvin can withdraw it within 7 days then it is not binding.

3. Sara had visited Tom's second hand car yard several times in order to look at a sports car which had taken her fancy. On the first occasion she had asked Tom whether it was a 2005 or 2006 model and Tom scratched his head and said it was a 2006 model. The two models look very much alike, but the later model had a more powerful engine and was worth $14000 more than the earlier model. Eventually Sara paid cash and drove away. A week later she was told by a repairer that the car was a 2005 model. Advise Sara or recovering her damages.

I have no clue. Ethically she should be paid 1400 $ back or a full refund for the car.

4. Vincent makes a contract with the Neverland Council to repaint the outside of its civic centre for $20,000, payable on completion. After painting half of the civic centre, Vincent runs out of money and cannot afford paint for the rest of the work. He asks for a progress payment of $8000, which the council refuses. He then refuses to do any further work.

After a fortnight, the council sends him a letter purporting to terminate the contract for breach on his part. It advertises for tenders and hires the lowest tenderer, Rodney, to complete the work for $15,000. When Rodney completes the work, the council sends Vincent a cheque for $5000. He is unhappy about this as he has spent $8000 on paint alone, and he refuses to accept the cheque. Advise what rights, if any, Vincent has against the council.

Vincent may not have any rights since he did not take any legal action, absconded and did not complete the work as committed in the contract.

5. Henry owns a number of residential properties. His daughter recently got married. She and her husband are saving to buy their own home. To help them, Henry agrees to allow them to live in one of his houses for one year. They are to pay a nominal amount of $1000 rent for the whole year. A written agreement is executed by the three of them to that effect. A family dispute arises a few months later. After the dispute Henry sends a revised contract which makes into effect $1000 rental for every month and asks the couple to pay the outstanding rents for the months stayed in that house. Is Henry allowed to revise the contract and get revised rent for previous months?

Nope, what was agreed before shall be changed for future but not penalized for the past.

6. Homer was overdrawn at his bank and was being pressed by the bank to provide some security for the overdraft. He requested a friend of his, Tallouse, to guarantee his account for $5,000. Tallouse agreed to this request and signed a contract of guarantee, which in fact was for $50,000, without reading it. He was unable to read English, as French was his only language. Homer's business fails and he is bankrupted. The bank seeks a payment of $50,000 from Tallouse. Advise Tallose of his rights.

The assignment will be assessed on the application of the law in the context of a problem rather than merely stating legal principles. The emphasis is on the presentation of each given scenarios, by identifying the relevant legal issues, applying legal principles, developing a detailed legal analysis from these principles and arriving at a considered conclusion.

Homer is liable for fraud. Tallouse did not know what he was signing and was taken advantage of.

 

[peter_88]

Thanks a lot Shrusti, I really appreciate that

BTW are these scenarios(questions) from some book??

 

[Shrusti]

Dont think so, couldnt find it online.