![This paper discusses the start-up, organisation and conduct of the company "Anders & Birgitte" (A&B) from a legal perspective. The case presented addresses a series of events taking place between February 1, 2005[1] and February 14, 2005](https://mbt-essays-prod-public.s3.eu-west-1.amazonaws.com/81057/listing/81057_1.jpg)
This paper discusses the start-up, organisation and conduct of the company "Anders & Birgitte" (A&B) from a legal perspective. The case presented addresses a series of events taking place between February 1, 2005[1] and February 14, 2005
Table of Contents . Introduction 2 .2. Choice of Law 2 .3. Timeline 3 2. Formation of Company 4 2.1. Recommendation for A&B 6 3. Agreement between A&B and DF 7 3.1 Outline of Possible Agreements 8 3.1.1 Employment Contract 9 3.1.2 License Agreement 10 3.2. Recommendation of Agreement 11 4. The Events taking place between February 1 and February 14 12 4.1. Recourse against Designers 12 4.1.1. A&B purchases the design 12 4.1.2. DF are employees of A&B 14 4.2. Birgitte's Liability 15 4.3. Injured Costumer 17 4.3.1 Insurance 20 4.4. Assumptions made for 4.5, 4.6 & 4.7 21 4.5. A&B's Obligations towards the buyers 21 4.6. Price of T-shirts claimed on February 15 23 4.7. Discount for students ordering after Midnight 25 5. List of references 28 Appendix A 29 . Introduction This paper discusses the start-up, organisation and conduct of the company "Anders & Birgitte" (A&B) from a legal perspective. The case presented addresses a series of events taking place between February 1, 20051 and February 14, 2005. We have not found it necessary to introduce the actual case further in this introduction, since all incidents will be covered within the respective parts of the paper. However, we will briefly cover two main issues as these are considered fundamental for the subsequent discussion: 1) Choice of Law and 2) Timeline of occurring incidents. The first part of the
Contract law - Carlill V Carbolic. - House of Lords Appeal case.
CONTRACT LAW. Carlill V Carbolic. - House of Lords Appeal case. The defendants, the proprietors of a medical preparation called "The Carbolic Smoke Ball," issued an advertisement in which they offered to pay 100l. to any person who contracted the influenza after having used one of their smoke balls in a specified manner and for a specified period. The plaintiff on the faith of the advertisement bought one of the balls, and used it in the manner and for the period specified, but nevertheless contracted the influenza:- Held, affirming the decision of Hawkins, J., that the above facts established a contract by the defendants to pay the plaintiff 100l. in the event which had happened; that such contract was neither a contract by way of wagering within 8 & 9 Vict. c. 109, nor a policy within 14 Geo. 3, c. 48, s. 2; and that the plaintiff was entitled to recover. APPEAL from a decision of Hawkins, J.1 The defendants, who were the proprietors and vendors of a medical preparation called "The Carbolic Smoke Ball," inserted in the Pall Mall Gazette of November 13, 1891, and in other newspapers, the following advertisement: "100l. reward will be paid by the Carbolic Smoke Ball Company to any person who contracts the increasing epidemic influenza, colds, or any disease caused by taking cold, after having used the ball three times daily for two weeks according to the printed
PROMISES INTENDED TO CREATE LEGAL RELATIONS
PROMISES INTENDED TO CREATE LEGAL RELATIONS - consideration and intention interrelated - - the law requires that the third element necessary to the contract is an intention to create legal relations- Ermogenous v Greek Orthodox Community of SA Inc (2002) 209 CLR 95 at 105. - Common positive intention not to contract will be respected - Equuscorp Pty Ltd v Glengallan Investments Pty Ltd (2004) - Test for intention is objective - Toll (FGCT) Pty Ltd v Alphapharm Pty Ltd - Question is whether looking at the type of agreement, can the party sue if there is a breach? Intention- express or implied - presence of intention depends on the facts of each case- Air Great Lakes Pty Ltd v KS Easter (holdings) Pty Ltd - the relevant intention may be express or implied- Deutsche Schachtbau-und Tiefbohrgesellschaft mbH v Shell International Petroleum Co Ltd OBJECTIVE TEST - what reasonable inference would a third party draw from the parties' words, conduct and surrounding circumstances? - would a reasonable third party think that the parties intended to be legally binding? Edmonds v Lawson - Edmonds a pupil barrister accepted an unfunded pupilage in Lawson's chambers - Not paid for her work, only for tasks that "warranted payment" - She claimed she was entitled to the minimum wage in accordance with the National Minimum Wage Act 1998 (UK) - Lawson argued that there was no
Proprietory estoppel
INTRODUCTION "Remembrance of me in good works, that is how I should like to be remembered."1 This 15 words phrase was choose by Lord Denning2 himself as his epitaph. It is true that Lord Denning was the most celebrated law-making judge of the 20th century3 and he is also known as " the people's judge" due to his willingness to overrule precedent in order to do what he thinks justice should be.4 One of the biggest achievements of the 38 years judge5 was the attack he made in Central London Property Trust Ltd v High Trees House Ltd6 that made some kinds of promise binding even with the absence of consideration. Thus, Lord Denning's judgment7 in the High Trees case would be the central discussion here since it raises the issue of promissory estoppel. CONSIDERATION There are five basic requirements that one need to satisfy in order to make a valid contract.8 In English law, an agreement is not usually binding unless it is supported by consideration. Consideration thus became a very important element in the formation of a contract. This mean that each party has to give something in order to get something in return from what is gained from the other party. Consideration had traditionally been illustrated as being something that benefits the promisor or some detriment to the promisee, or both. Lush J had given the definition9 of consideration in this context in the case of
Williams v. Roffey and Foakes v. Beer
"It is in my judgment impossible, consistently with the doctrine of precedent, for this Court to extend the principle of Williams v. Roffey to any circumstances governed by the principle of Foakes v. Beer. If that extension is to be made, it must be made by the House of Lords, or, perhaps even more appropriately, by Parliament after consideration by the Law Commission." (PETER GIBSON LJ). Write a briefing paper for the Law Commission on the issues raised by these cases, including any suggestions for reform you think desirable. The essence of the matter is that, as noted by Peter Gibson LJ in Re Selectmove1, on most interpretations, the principle stated by the Court of Appeal in Williams v. Roffey2 appears to be inconsistent with that declared by the House of Lords in Foakes v. Beer3. In analysing this, this paper will comprise three sections: an outline of the principles of the two cases, the issues raised by them and, the various suggestions for reform of the situation. *** In Williams v. Roffey the defendants promised greater payment to the claimant in return for completing obligations already owed under the original contract between them. On appeal against the trial judge's award of damages, the Court of Appeal held that the claimant had provided good consideration for the promise of extra money, even though he was merely performing his pre-existing contractual duty
Contract law - review of cases.
INTRODUCTION Law is such a big word which includes a system of rules enforced by members of a particular state. In order to run a good business, it is essential to know as much laws as you can. And contract law is one of law’s issues. Contract is “an agreement which legally binds the parties to it” (BPP Learning Media, 2010). The contract law aims to build a clear understanding between parties about what they agree to. According to a comment of a Vietnamese lawyer, there are countries which are really good at enforcing contracts, while some others do not. And in the list of good countries, she stated Australia, United States, Germany, and France. Asking for the reason, she said that it could be because of the high disciplined culture within countries. In addition, under her point of view, the commercial contract is the most difficult and complicated contract. Normally, its impact is big that requires the court to have the fairest decision to all parties. In this report, the basic knowledge about contract law is shown in clear order. To make every point be clear, the researcher cited a lot of lawsuits followed each factor of the laws mentioned. Due to the limitation of work, all summaries with analysis and decisions of several cases are mentioned in the appendices. ________________ (All the cases which are cited in this report are in the appendices) . THE ESSENTIAL
This paper will outline the provisions and objects of the Contracts (Third Parties Act) 1999 and address four areas in relation to the Act.
The Contracts (Right of Third Parties) Act 1999 LLM Student Number: 200193312 The Contracts (Right of Third Parties) Act 1999 Introduction: This paper will outline the provisions and objects of the Contracts (Third Parties Act) 1999 and address four areas in relation to the Act. . Will the Act achieve its objectives? 2. Should the legislation, with suitable modifications be introduced to Scotland? 3. In the absence of such legislation what contractual provisions may be inserted into construction contracts to which Scots Law applies? 4. What are the implications for Part II of the Housing Grants, Construction and Regeneration Act 1996 under Scots and English Law, if different? Before addressing the above, it might prove beneficial to briefly outline the law in relation to this area prior to 1999. Background: A contract creates enforceable rights and duties between the parties to its formation. A contract is a relationship that is exclusive to the parties who made the contract. This is generally known as the privity of contract. Third parties are unaffected by the contract, whether in terms of acquiring rights or being subject to obligations and cannot enforce their rights under the contract even thought they may be affected by the contract. The law of privity reached maturity in 1915 in Dunlop v. Selfridge Similar to other elements of the law (such as Company
Whether the common law fiduciary duty or duty of fidelity and good faith gives adequate protection foir employers in the modern era?
.hWHETHER THE COMMON LAW FIDUCIARY DUTY OR DUTY OF FIDELITY AND GOOD FAITH GIVES ADEQUATE PROTECTION FOR EMPLOYERS IN THE MODERN ERA? INTRODUCTION As the world aligns in becoming a capitalistically oriented international marketplace, the pendulum between the dichotomy of employers and employees is beginning to slow and find its mark. In whose favor the stroke will point remains a great curiosity for all yet to see. What is common to us all is the reality that money is the motive and success is the outcome. How and to what extent a person achieves this is up to them. What is common however is that all workers need a boss and it is this fact that draws our attention for discussion. The question of do I employ or am I employed1 is one that finds its roots in the fundamentals of economic necessity and enterprise. If I employ, I take on a risk in the desire to make a profit. This is done through effectively combining the established sources of production: Land, Labor, Capital and Entrepreneurial skill. Often, success is determined based on the cost of the quality and quantity of labor deployed to combine these other sources. Conversely, if I am employed, I expect to be paid an agreed amount for the services rendered. The distinguishing feature between the two roles is that of the risk/return matrix- the higher the risk, the greater the return. The simple fact is that as long
All contracts are agreements but all agreements are not contracts. Discuss.
Transfer-Encoding: chunked Law Assignment Table of Contents Introduction 1 Essential Elements of a Valid Contract 3 Acceptance 4 Lawful Consideration 5 Adequacy or sufficiency of consideration. 5 Intention to create legal relations 7 Capacity to Contract 8 Contract for Necessaries 8 Form of contracts 10 Free consent 10 Mistake. 11 Agreement Expressly Declared as Void. 12 Overall Summary 13 Conclusion 15 ________________ Table of Cases Case 1(PHARMACEUTICAL SOCIETY OF GREAT V BOOSTS CHEMIST (1953) 2 Case 2 (Blackpool & Fylde Aero Club Ltd v Blackpool Borough Council). 3 Case 3 (WILKIE V LONDON TRANSPORT (1947) 3 Case 4 (Hyde v Wrench (1840) 4 Case 5 (POWELL V LEE (1908), 5 Case 6 (CURRIE V MISA ( 1875), 5 Case 7 (Chappell & Co. Ltd v Nestle Co. Ltd (1960) 6 Case 8 (CARLILL V CARBOLIC SMOKE BALL CO (1893) 7 Case 9 (SIMPKINS V PAYS (1955), 7 Case 10 (NASH V INMAN (1908) 9 Case 11 MERCANTILE UNION GUARANTEE CORPORATION V BALL (1937) 9 Case 12 (IN BURNARD V HAGGIS (1863) 10 ________________ Introduction Recently, we were given an assignment for our course (Introduction to Law) and it is a group assignment. Well, the requirement of the
contract law
Law of Contract Course Description: This foundational course examines the basic doctrines and issues of contract law, including the creation of rights and obligations from voluntary undertakings, the doctrines which circumscribe the circumstances under which the law permits a dissolution of the contract, and the remedies that the law provides for the breach of contractual obligations. In exploring the constituent components of contracts - formation, privity, frustration, breach, remedies, terms and vitiating factors - the course also examines challenges to the traditional model of contract law, tensions arising from the pulls of certainty and fairness, and other broader issues. Introduction (i) Why do we need contract law? * Promises should be binding * We live in a market capitalist society where people buy and sell freely; for a free market economy to work efficiently its members must be able to plan their business activities, and they can only do this if they know that they can rely on promises made to them * In reality it is often difficult to choose business partners who we know would be unlikely to dishonour agreements, thus contract law is needed to render certain promises and agreements legally binding * Law of contract also prescribes the steps that can be taken by the other party in the event that such promises or agreements are not in fact performed (ii)
