商法考试outcome2 全答案.doc

一1. Does Samir have a legal enforceable contract with Faitways for the purchase of the Matsnmoto golf club for $150?No, he doesnt.a valid contract has three essential features: there must be agreement on all material aspects, at least two contracting parties and legal obligations.A display of set of golf clubs in window of Fairways is only known as invitations to treat means an indication that someone is prepared to receive offers with the view to forming a binding contract. Its not an offer itself. The case situation is only goods displayed in a shop window which are classified as invitation to treat. There is not any contract existence, so Samir hasnt got the enforceable contract to purchase the golf clubs. Samir can only has a right to give an offer to shop for buying product and the shop has the right to refuse the offer.Judicial Precedent: Pharmaceutical Society of Great Britain v Boots The Chemists (1952)The precedent is based on The Pharmacy and Poisons Act 1933 required the sale of a listed poison to be supervised by a registered pharmacist. The argument is whether the display of goods on the shelves was an offer legally speaking or merely an invitation to treat.Decision: the court ruled that its only an invitation to treat, so Boots were therefore not breaking the law. The offer was made when the customer presented the goods at the counter and acceptance would also be made there where a registered pharmacist was present.2. What are the chances of Susan being successful if she goes ahead and sues Samir for the cost of her new designer outfit, the cost of her taxi and the disappointment coursed?There is no contract in this situation.，so Susan will fail to sue Samir.A personal or social obligation will not usually be classified as a legal obligation. The agreement between Samir and Susan is only a social agreement, and they both have no intention to create an binding contract for this appointment, so its unsuccessful for Susan to sue Samir. Judicial Precedent: Gould v Gould (1969) 3 WLR 490 Facts: on leaving his wife, a husband orally agreed to pay her wife 15 a week as long as I can manage it. He kept to his arrangement for over a year, but then fell behind with the payments and five months later said he could not pay her the full amount in the future. The wife sued the husband, alleging breach of contract. Decisions: The action was unsuccessful. The court held that the agreement was not a contract. This was because there was no intention to create legal relations. The court tends to consider the following situation to be agreement without intention to create legal relations and obligations: Domestic agreement, social agreement, gambling agreement, and agreement binding in honour only.3. Is Dougie Campell entitles to cancel its offer to build it conservatory and patio for Samir?Yes, he is. Because there is no contract existence, Dougie Campell has the right to cancel its offer to build it conservatory and patio for SamirThere is no time limit on the offer then the offeror can withdraw it at any time he wishes just before the offeree accepted. As we can see in the case, Samir has mistyped the E-mail address and his acceptance never arrived at his intended destination. According to the instantaneous method, the acceptance will not take effect until it actually reaches the offeror, so Samirs acceptance wont take effect, and Dougie Campell can cancel its offer.Judicial Precedent: Payne v Cave 1789The facts: Cave bid 40 for goods being auctioned, but before they were knocked down to him, he withdrew the bid. Payne maintained that Cave could not withdraw in this fashion.Decision: A bid is only an offer that can be withdrawn at any time before acceptance. This is called revocation or withdrawal. At an auction acceptance takes place on the fall of the hammer. As the defendant had withdrawn his bid before the hammer fell, his offer was terminated.4. Can Samir insist that Stuart sell the car to him for $ 4500?No, he cant.Any modification, variation, reduction and addition to the original offer may amount to a counter-offer. Samir changed the price by offering 4000, this can lead to a counter-offer means a final rejection of the original offer, so Stuart has the right to refuse to sell Samir his car.Judicial Precedent: Wolf & Wolf v Forfar Potato Co Ltd (1984)Facts: A Scottish Co offered to sell a quantity of potatoes to Dutch Co. Dutch Co called an acceptance with new conditions. The Scottish Co ignored this and were taken to court for breach of contract.Decision: The court held that no contract was formed. The second telex sent by Dutch Co was a counter offer which makes the original offer invalid.1。萨米尔有法律效力的合同faitways用于购买的matsnmoto高尔夫俱乐部150美元？不，他没有一个有效的合同，具有三个基本特征：必须有协议的所有方面，至少有2个缔约方和法律义务。一个显示集高尔夫俱乐部在窗口的球道是唯一已知的邀请说明有人愿意接受提供的观点，形成一个具有约束力的合同。这不是一个提供本身。该案件的情况仅仅是商品陈列在橱窗，分为要约邀请。不存在任何合同的存在，所以萨米尔没有执行合同购买高尔夫俱乐部。萨米尔只能有一个正确的给一个报价店购买产品的商店有权拒绝提供。司法先例：英国药物学会五靴子化学家（1952）先例是基于药剂及毒药条例1933需要出售上市毒药将监督由注册药剂师。这个论点是展示商品的货架上是一个提供法律上或仅仅是要约邀请。决定：法院裁定，它仅仅是要约邀请，所以靴子不犯法。提供了当客户提出的产品在柜台和接受也有在注册药剂师在场。2。什么是机会的苏珊成功，如果她继续起诉萨米尔的成本为她的新设计师服装，成本她的出租车和失望的套餐？没有任何合同，在这种情况下。，所以苏珊将无法起诉萨米尔。个人或社会义务通常不会被列为法定义务。萨米尔和苏珊之间的协议是唯一的社会协议，他们都不打算建立一个具有约束力的合同这一任命，所以它的成功为苏珊起诉萨米尔。司法先例：古尔德诉古尔德案（1969）是否4903事实：在离开他的妻子，丈夫口头同意支付她妻子15星期，只要我能做到的。他把他的安排了一年，但是拖欠付款和五个月后，说他无法支付全额的未来。妻子控告丈夫，声称违反合约。决定：行动失败。法院认为协议没有合同。这是因为没有产生法律关系的意图。法院会考虑以下情况是不产生法律关系的意图和义务：国内社会协议，协议，协议和协议绑定在赌博，只尊重。3。是沃克尔坎贝尔可以取消其提供建设温室和天井的萨米尔？是的，他是。因为没有合同存在，沃克尔坎贝尔有权取消其提供建设和天井的萨米尔音乐学院有没有时间限制收购要约人可以撤回它在任何时间他希望就在受要约人接受。我们可以看到，在这种情况下，萨米尔错误的电子邮件地址和他的承诺不会到达他的目的地。根据瞬时法，承诺将不会影响到它实际到达要约人，所以萨米尔的承诺不会影响，又可以取消其提供坎贝尔。判例1789：佩恩的洞穴事实：洞穴出价40货物被拍卖，但在他们撞倒他，他撤回投标。佩恩认为，洞穴无法收回这种方式。决定：一个出价仅提供可以撤回在之前的任何时间接受。这就是所谓的撤销或撤回。在拍卖会上接受发生在锤子落。作为被告撤回他的出价锤前，他的提议被终止。4。萨米尔能坚持斯图尔特卖车给他4500美元？不，他不能。任何修改，减少变异，除了原提供的数额可能还盘。萨米尔改变了价格，提供4000，这会导致一个还价的手段最终拒绝提供原件，所以斯图尔特有权拒绝出售萨米尔，他的车。司法先例：狼与狼对福弗尔马铃薯有限公司（1984）事实：苏格兰公司卖给一个数量有限公司称土豆荷兰语荷兰语接受新条件。苏格兰公司忽视这和被带到法院违反合约。决定：法院没有合同的成立。二电传发送由荷兰公司是一个柜台提供，这使得原来报价无效。翻译结果重试抱歉，系统响应超时，请稍后再试 支持中文、英文免费在线翻译 支持网页翻译，在输入框输入网页地址即可 提供一键清空、复制功能、支持双语对照查看，使您体验更加流畅1. How would you classify Roberts statement to Christine in relation to the condition of the car?The misrepresentation is a statement of fact made by one party in the course of negotiations, inducing the other party to enter into a contract.There are three main types of misrepresentation: Innocent Misrepresentation: a statement made in belief that it is true and with reasonable grounds for that belief.Fraudulent misrepresentation: the statement is made knowingly, or without belief in its truth, or recklessly, or carelessly as to whether it is true and falseNegligent Misrepresentation: the statement has a duty of care which has been breached lead to loss suffered.The case is classified as fraudulent misrepresentation. When Robert gives Christine the vehicles background, he tells that the car only has 1 previous owner and only covered 10,000 miles. After the examination, the engine has suffered in irrepairable damage and the true reading of mileage should be somewhere in the region of 200,000 miles. This does totally not match Roberts statement of the car.Judicial Precedent: Smith v Sim (1954)The facts: Sim advertised his pub for sale. Smith relying on the statements concerning turnover supplied by Sim via his solicitors, bought the business for 21,600. Shortly after, Smith sued that Sim was guilty of fraud in falsely representing the turnover. This proves to be true.Decision: the court held that its fraudulent misrepresentation. Smith can choose among rescind the contract, claim damages, or both rescind the contract and claim damages.2. What is the status of the contract between Christine and Marvellius Motors?Roberts misrepresentation will be regarded as fraudulent misrepresentation. Fraudulent misrepresentation can lead to a contract void, so the status of the contract between Christine and Marvellius Motors is void.3. What legal remedies are available to Christine and Mavellous Motors?Remedies for fraudulent misrepresentation: rescind the contract, claims damages, or both rescind the contract and claim the damages.Remedies for innocent misrepresentation: only rescind the contract.Remedies for negligent misrepresentation: rescind the contract or claims damages.Christine is legal to ask remedies for fraudulent misrepresentation that she can rescind the contract, claim damages, or both rescind the contract and claim damages.三1. List the legal remedied available to an innocent who has suffered a breach of contract.Remedies for breach of contract:DamagesQuantum meruitSpecific performanceRescissionRetention and lienInjunctionAn action for the prices2. What is the most appropriate remedy that should seek from the courts in this situation?The most appropriate remedy should be specific performance.That means a court order for the other party to perform the contractOnly available if damages cannot adequately compensate the injured partyFor the purchase of rare or unusual items in that it is impossible or extremely difficult to purchase the item elsewhere.In the case, we can see that Alasdair purchased a valuable painting by the famous artist Ishbel Whistler, which is rare item. According the evidence above, the most appropriate remedy is specific performance.Judicial Precedent: Sky Petroleum Ltd. v VIP Petroleum Ltd. 1974 1 All ER 954The facts: The plaintiffs agreed that they would, for a minimum period of 10 years, buy all the petrol needed for their filling stations from the defendants 3 years later the defendants purported to terminate the contract and the plaintiffs took the defendants to court. At that time, the plaintiff had little prospect of obtaining petrol from another supplier.Decision: the court held that the defendants should perform their part of the contract, i.e. specific performance. Damages would not adequately compensate the plaintiffs, as they are unable to purchase the item elsewhere. 四1. What is the status of Karens contract with her business customer?The contract status is void.Any contracts prohibited by law are known as pactaillicita. Such contracts will not be enforced by the courts.In the case, the contract between Karen and her business customers is illegal, according to the Act (The Regulation of Forei