What is the arrangement between Mr. John Nile and Mary Johnson for the charter of the Boat What is the role of Mary Johnson or her son Bill Johnson in the proposed commercial venture Are they partners or just letting out the boat on charter to Mr. John Nile How Mary will be paid; whether on the basis of the number of hours the boat is used or per the number of passengers handled by Nile
Who is responsible for the payment of the crew of the Boat Is it included in the charges negotiated with Mary Who will decide on the correctness of the amount payable to the crew Will Nile's concurrence be obtained for the charges payable to crew (This is important as this will affect the net earnings from the whole venture)
Whether the boat will be made seaworthy by completing the defouling and painting the hull before the cruises start Who will pay for the charges for such defouling and painting Has it been agreed that "the boat will be made seaworthy by the owner before the cruises start" will form part of the contract
Has the boat been insured If so what are the obligations of the insurer Till what date the insurance is valid Does the insurance cover the third party claims in case of accidents If currently there is no insurance, who will pay for the insurance coverage
Has Mary a right to rescind the contract If so what are the terms (Notice period requirements, compensation for premature terminations are to be decided, as the tickets for such cruises will be sold in advance by Mr. John Nile and any unexpected withdrawal by Mary from the contract will put Mr. Nile into difficulties of facing the claims of the proposed passengers.)
Has it been made known to Mary that pursuant to entering into a contract for the charter of t...
Nile into difficulties of facing the claims of the proposed passengers.)
Has it been made known to Mary that pursuant to entering into a contract for the charter of the boat, she will become binding for all legal obligations arising out of the contract whether expressed in the contract or implied by common usage in the charter of boats for cruises commercially
3. What are the rights and obligations of Mr. John Nile under the proposed arrangement
Has Mr. Nile ensured that the boat is capable of carrying 40 passengers ( Since his commercial calculations are based on this assumption it is important that this point should be cleared) Can Mary produce a certificate to the effect that the boat can carry 40 passengers at a time In case if a certificate cannot be produced, is she agreeing for the legal consequences of the boat being capsized due to overweight of the passengers Is she aware of this eventuality
Does Mary have a say in the fixation of the charges for the passenger fares for the cruises Does it need to form part of the contract while specifying the consideration payable to Mary
What is the agreement relating to the provision of other amenities in the boat other than food and wine For Example provision of clean toilet facilities, provision for the clean maintenance of the deck and the retiring rooms- whose responsibility is this Who will bear the cost of the maintenance materials and maintenance crew Has this been included in the costs payable to Mary
Has Mr. Nile discussed with Mary or her son about his withdrawing from the contact, in case he is not able to mobilize enough passengers to carry out the venture If not what are his ideas on this (The contract should mention a notice period and penal clauses for both the parties in case the ...
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(“Contract Law-Commercial Purpose assignment Case Study”, n.d.)
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(Contract Law-Commercial Purpose Assignment Case Study)
“Contract Law-Commercial Purpose Assignment Case Study”, n.d. https://studentshare.net/miscellaneous/287065-contract-law-commercial-purpose-assignment.
The respondents (growers) role was to rear chicken based in “Hunter Valley Region.” These chicks were supplied to them by the appellants (Steggles) whose processing plant was at Beresfield. When chicks had grown, they were picked and paid for by appellants.
The parties should be able to rescind the contract under mediated caution. Rescission of a contract, based on mutual mistake, involves both legal and ethical considerations that should be made in justifying it. A legal approach to the issues identifies termination of a contract under mutual mistake because this makes a contract void per se.
The relation between contracting parties is known as the Privity of Contract.
The stringency involved in the rule of Privity of Contract is borne out by the fact that a third party cannot claim or sue for damages resulting from a contract to which it is not a party.
Under such circumstances ASL decide not to deliver the oven at that time. Alan does possess a small oven but he deems that it would be inadequate for the particular use. As a result, Alan's restaurant cannot open until 5th November, when the oven finally arrives.
A contract according to English and common law is a legal binding containing exchange of promises between the parties involved. The law will enforce the contract if any of the parties breach the contract. The breach of the contract can be recognised by the law and the remedies were provided in the law to make up the loss for the victim.
This information will be vital for both parties, in particular Riz, who is being held to the contract by Jatinder. The seven steps are as follows:
Before looking at the question in detail, I will look at the formation of contract in general. The rule has always been that in order to form a valid contract there must be a meeting of minds or consensus in idem.
b.) Offer: This is the part of the contract that defines the proposed product or service that will have to be acceptable on binding terms to proceed with the contract. In this case study, a second hand laptop was on offer at original price of $200 dollar.
It is while on tranship that the sacks containing the dried Soya beans ripped off and the contents were split. On arrival at the destination by Solent, express that Edith discovers. In this case or situation
Edith has a remedy under the law to sue Andy's vessel for compensation arising from the damage caused to the goods as well as the loss she has suffered.
In addition, the Anglo-American regime exhibits a pattern of dispersed share ownership and well-developed stock markets in which institutional investors play a leading role. Notwithstanding these structural similarities, the mechanism of shareholder capitalism in the United
e, which could be useful in helping him to be connected with his family back home, he had neither owned a phone nor entered into a telephone contract before. This renders Nathan uninformed about telephone contracts. Therefore, Nathan knew nothing about telephone contracts. Also,
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