Michael has agreed to sell his car to Michelle. The next day, Michael found out that his car was caught in fire causing total damage. Advise parties on their rights according to the law.
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- 4. Dora bought a car under a hire purchase agreement. Briefly explain her statutory rights as hirer in accordance with Hire Purchase Act 1967.State whether the following agreements or contracts are void, voidable valid, and provide a reason for your answer. 1 ) Taylor, aged 17, gets married, and divorces two months later. After getting divorced, she enters into a contract with Michael for the sale of his house. ( 2 ) Jessica, aged 5, enters into a contract with John, aged 11, for the sale of his bicycle. 3 ) Nomsa, aged 16, runs a successful boutique with the consent of her parents, and enters into a contract relating to her business. 4 ) Amy, who is 17, has inherited an apartment in Cape Town from her deceased father. The apartment is valued at R2 million. With her mother’s assistance, Amy enters into an agreement to sell the apartment to her aunt. 5 ) Justin, who is mentally ill, concludes a contract for the sale of his laptop without his curator knowing. (2)Ma3. Explain in brief. Sally Henderson is an employee of Good Eats Restaurant. Sally's contract with Good Eats Restaurant states: "Sally Henderson shall ensure the bathrooms and dining room area are reasonably clean during operating hours." Sally's good friend James is also employed by Good Eats Restaurant as a parking attendant, a person who parks customers’ cars. On a very busy night at Good Eats Restaurant, without the authorization of Good Eats Restaurant, Sally decided to help her friend James park cars. Sally injures a customer due to Sally's negligent driving while parking cars. The injured customer sues Sally and Good Eats Restaurant. Is it likely that Good Eats Restaurant will be determined to be liable to the injured customer. BRIEFLY EXPLAIN.
- RJ Booker, a real estate firm based in Milsons Point, Sydney, emailed Mimi. Mimi had a friend workingat RJ booker and she told her that she wanted to sell her unit. The unit was located at the 19th floorof a modern apartment building located in Milson’s Point, almost beside the entrance to Luna Park.Gustavo, the franchisee and principal of RJ Booker in Milson’s Point, asked Mimi if the firm can beher exclusive agents in the sale of her unit. Gustavo explained that if they located a qualified buyer,RJ Booker would be entitled to the standard Real Estate industry commission rates for agents.Currently, this was about 3 percent of the purchase price. Mimi agreed and signed the agencycontract.Within five days, Gustavo called Mimi and told her that he had found a buyer for her unit, Alisa. Alisahad told Gustavo that she was ready to buy Mimi’s unit “as per contract” and “depending on the resultof a property inspection”. The very next day, Mimi received an email offer from a third party and…LAW 01 1. Donald is 16 and signs a contract with Deedee, an adult. The contract can be voided by: a) Deedee only b) Neither Deedee nor Donald c) Donald or Deede d) Donald only 2. Jose enters into a contract with Sally's Transportation to work as a driver. Under the plain meaning rule, if the contract's writing is clear and unequivocal, the meaning of the contract terms must be determined from a) any relevant evidence existing in addition to the contract. b) the later testimony of the parties. c) only evidence not contained in the document. d) only the language in the contract 3. Under a contract with Valley Vineyard, Walsh begins grading a terraced hillside for the planting of grapes. Halfway through the project, Walsh asks for $5,000 over the contract price because Walsh realizes he could have gotten Valley to agree to more if he'd given them a higher price initially. Valley agrees but later refuses to pay. Valley's agreement to pay more is. a) enforceable. b) unenforceable because…Betty went to the cinema to watch the premiere of Hulk Mister. She bought the ticket and went into the cinema. As she sat down on the chair, the legs of the chair broke and she fell onto the ground injuring her lower back. It turned out that the chair was previously broken and has not been properly repaired by the staff of the cinema. She was hospitalised for a month and could not work during the time she was in the hospital. Required: Betty wants to start legal proceedings to claim damages from the cinema for the injury. Advise her of the legal grounds on which she can claim compensation from the cinema and discuss, with reference to relevant legal principles and cases, the necessary steps that Betty needs to go through in order to prove her case.
- Christina Haley of Elko, Nevada, age 57, recently suffered a stroke. She was in intensive care for 3 days and was hospitalized for 10 more days. Her total bill for this care was $133,000. After being discharged from the hospital, she spent 25 days in nursing home at a cost of $240 per day. Christina, who earns $4,500 per month, missed two months of work. Christina had a health insurance plan through her employer. The policy had a $1,000 deductible and an 80/20 coinsurance clause with a $2,000 coinsurance cap. She had also accumulated 21 sick days (equivalent to one month) at work. Otherwise she had no long-term care or disability income insurance. Round your answers to the nearest dollar. a. How much of Christina's direct medical expenses was paid by her insurance policy? $ b. What did Christina have to pay for her nursing home care? $ c. How much income did Christina lose? $Honda Canada Inc. v. Keays, [2008] Mr. Keays was hired in 1986 by Honda as an assembly-line worker. In 1997 he was discharged with chronic fatigue syndrome and consequently went on disability benefits until the insurer declared that he was fit to return to work. When he returned, the employer put him into its disability program, which required him to submit medical reports for every absence from work. The employer began to doubt the veracity of Mr. Keay’s doctor’s reports and, therefore, in 2000, ordered him to see a doctor it had selected. Mr. Keays obtained legal advice recommending that he not see the employer’s doctor unless the employer clearly indicated the purpose of the examination. The employer ignored the lawyer’s request and summarily dismissed Mr. Keays for cause (without notice) when he refused to meet with the employer’s doctor. The employer claimed that this was insubordination, entitling it to dismiss Mr. Keays without notice. Mr. Keays sued for wrongful dismissal. He…a) Miriam went to do shopping at Bei Poa Supermarket Ltd. However, due to the slippery floor at the supermarket, she slipped and fell injuring her limbs. Miriam is aggrieved and seeks compensation from Bei Poa Supermarket Ltd., but the supermarket denies liability. Identify the applicable legal principles and advise Miriam. b) Discuss ways through which the supremacy of the Constitution of Kenya is manifested
- The manager of Palms Restaurant assembles all employees and announces that because theft isoccurring, she would fire employees until the guilty party confessed. Turning to an employee, Alice, themanager says, "You're fired." Palms Restaurant is in an employment-at-will state. Discuss if Alice has anylegal remedy against Palms.Case: Brandt v. Boston Scientific Corporation and Sarah Bush Lincoln Health Center Facts: Brenda Brandt was admitted to Bush Lincoln Health Center for treatment of urinary incontinence. She had a surgical procedure in which a sling was implanted. The manufacturer, Boston Scientific, recalled the item. Brenda had to have the sling surgically removed. She sued the manufacturer and the designer. In this case, Brandt’s bill from the Health Center reflects that of the $11,174.50 total charge for her surgery. $1,659.50, or 14.9%, was for the sling and its surgical kit. What provision of the UCC did the plaintiff sue under? What was the reasoning and decision of the court hearing the case19-2. Duty of Loyalty. Peter hites Alice as an agent to sell a picce of property he owns. The price is to be at least $30,000. Alice discovers that the fair market value of Peter's property is actually at least $45.000 and could he higher because a shopping mall is going to be built nearby. Alice forms a real estate partnership with her cousin Carl. Then she prepares for Peter's signature a contract for the sale of the property ro Carl for $32,000. Peter signs the contract. Just before clos- ing and passage of title, Perer learns about the shopping mall and the increased fair aarket value of his property. Peter refuses to deed the property to Carl. Carl claims that Alice, as Peter's agent, solicited a price above that agreed on when agency was crcated and that the contract is therefore bind- ing and enforceable. Discuss fully whether Peter is bound to this contract. (See: Duties, Righs, and Remedies of Agents and Principals.) the