Discuss the legal principles of: 1.ex turpi causa non oritu action 2. In pari delicto potior est conditio possidetis
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Discuss the legal principles of:
1.ex turpi causa non oritu action
2. In pari delicto potior est conditio possidetis
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- please explain contra preferentum rule and its rationaleGive me a South African case related to Breach due to a delay in performance by the creditor (mora creditoris) Provide the principle, facts of the case and the court’s decisionKindly prepare five (5) objectives for the post of Court Administrator Administrative in the Caribbean Court of Justice, Montserrat Circuit.
- Regarding legality, the first right granted to minors in contract law cases is the right to dis-affirm. How would you "standardize or structure" the following rule of law regarding dis-affirming for minors? In its current state, it appears to be clear as mud! "Dis-affirming occurs when the minor states, either in a verbal declaration or by their actions, that they no longer intend to be bound by the terms of the contract to which they are a party. Upon reaching the age of majority, the minor may choose to disaffirm the contract they were entered into while in the minority. If they do not disaffirm the contract within a reasonable period of time, they are considered to have ratified the contract."When OTES developed its first online application for university math courses, BD sued both OES and Gone. BD contends that Gone has breached his covenant not to compete, because he is engaging in a competitive business in online learning resources in university-level math and science and that he has proprietary information regarding the development of science and math tutorial programs. BD further contends that OTES is engaging in tortious interference with contract. BD is Gone and OTES deny the claims, and state that Gone has not violated his employment agreement, because they are not engaging in a competitive business with BD. The law in Georgia was recently amended to include the following provisions: A covenant not to compete must be reasonable in terms of time, geographical area, and prohibited activities. A time period longer than 2 years is presumed to be unenforceable. The courts are permitted to blue-pencil (or reform) covenants that are otherwise unenforceable.…31 - Which of the following bear only the obligations of being a trader?A) Government official who has established a commercial enterprise although it is prohibited to engage in commercial activitiesB) A pharmacist operating a pharmacy without the permission of the Ministry of Health.C) A 15-year-old person who runs a business on his behalf, even partiallyD) A 25-year-old person who runs a business on his behalf, even partiallyE) A person who acts with third parties in good faith on behalf of a company that does not exist legally
- The case of L'Estrange v F Graucob Ltd: Select one: a. Is best known for the legal principles relating to privity of contract b. Is best known for the legal principles relating to conditions and warranties c. Is best known for the legal principles relating to incorporation of terms by signature d. Is best known for the legal principles relating to interpreting exemption clauses–1- Ali is the owner of a shop. He places a notice on the window advertising the sale of batteries at half price. What kind of notice? –2- Rose & Frank Company was appointed as selling agents in North America by Crompton Brothers by an agreement. One of the clauses in the agreement provided” this agreement is not entered into a formal or legal agreement and shall not be subject to legal jurisdiction in the law courts”. –3- Company Y offers to sell to Company Z “100 tons of oil”. What kind of offer is this? Provide: 1- What kind of contract 2- Legal or not 3- implied or Express or Quasi 4- Unilateral or Bilateral 5- Reflection and commentsMiss. Meron claims she has been unfairly dismissed by her employers. She consults a law firm owned by Mr. Fitih , who agrees to take up her case. The law consulting firm, owned by Mr. Fitih advises her that if she wins her case she can expect a compensation of 30,000 birr but if she loses she will receive nothing. The law consultant firm estimates his fee to be 5,000 birr which she will have to pay whether she wins or loses. Under the rules of the relevant court she cannot be asked to pay her employer’s costs. As an alternative the consultant offer her a ‘no win no fee’ deal under which she pays no fee but if she wins her case, the consulting firm will take one-third of the compensation she receives. She can decide against bringing the case, which will incur no cost and result in no compensation. Based on the information given above: Develop a payoff table to Meron’s case Advise Meron what to do: –Using the maximax decision criteria –Using the maximin decision criteria. –Using the…
- 2. Shafron v. KRG Insurance Brokers (Western) Inc., 2009 SCC 6 (CanLII) Shafron sold his insurance agency to KRG and was subsequently employed by its successor, KRG Insurance Brokers (Western) Inc. Each employment contract contained a restrictive covenant whereby Shafron agreed that for three years after leaving his employment, he would not work for an insurance brokerage within the "Metropolitan City of Vancouver." When he left the respondent company and began working as an insurance salesman for another agency in Richmond, BC, KRG Western commenced an action to enforce the restrictive covenant. The trial judge dismissed the action, finding that the term "Metropolitan City of Vancouver" in the restrictive covenant was neither clear, certain, nor reasonable. The trial decision was reversed on appeal. The appeal court agreed that the term "Metropolitan City of Vancouver" was ambiguous; however, it severed that term and held that the term means the "City of Vancouver, the University of…With reference to the English Legal System:Explain, identify and illustrate three rules of statutory interpretation.a WI Thi aw poin loqua yd olM : Jane was tired of living in the jungle with Tarzan and entered into a sales contract to purchase a small house from Tarzan that he had inherited. Tarzan later changed his mind, because he liked Jane swinging in the trees with him. If Jane decides to seek legal assistance to acquire the house, which remedy should she ask for? O Quantum meruit O Promissory estoppel O Specific performance O Legal ejectment dead art