BSBI614: Business Law - John and Mark Case Study - Business Law Assignment Help
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CASE STUDY ANALYSIS
CRITICALLY ANALYZE THE CASES
John sold a pair of skis to Bob, making no specific warranties or promises of any kind other than letting Bob examine and try them. In fact, John did not own the skis; he had only rented them. When the true owner claimed them, Bob demanded his money back. John defended his actions by stating that he had made no warranty of any kind.
a. Did John give an implied warranty of title? Assess.
b. Evaluate the express warranty.
In 1967 the plaintiffs, Ashmore, Benson, Pease & Co, manufactured tube tanks. The defendants, AV Dawson, a haulage company, agreed to carry the plaintiff’s equipment by lorry. With the knowledge of the plaintiff’s transport manager, the defendants loaded their vehicle in excess of the weight permitted by the Road Traffic Act 1960, s.64(2). The vehicle toppled over during the journey, and the plaintiffs sued in negligence for £2,225 in damage caused to the equipment by the defendant’s driving. At first instance, the trial judge found in favour of the plaintiffs and awarded damages. The defendants appealed.
a. Analyze in details the type of contract that took place between the two parties?
b. Evaluate whether any recovery of damage can take place if a party enters into a lawful contract but the contract is carried out unlawfully.
Employed F to clean a roof which was made of corrugated sheets. F did not take any safety precautions when cleaning. The premises were contaminated with asbestos and needed extensive work to repair the damage. B brought an action in damages for the cost of the repair work on the basis of F breaching contractual terms. F argued that B had contributed to the negligence as B had not supervised F during the cleaning. B counter-argued that their claim was brought under contract law.
a. Analyze in details the type of breach of duty has taken place?
b. Categorize different faults committed by the plaintiff.
Mark owns a greenhouse in which she grows flowers and plants for florists. On Oct 25th Jason, a retail florist agrees to buy from Mark 1000 roses for his girlfriend. Each plant to cost 1 BD and to be available from December 10 to December 20. Jason requests delivery on Dec 11th. At that time Leander advises him that she will not perform the contract since she can get rose plants for 1.5 BD each from elsewhere. Jason refuses to pay more than 1 Bd on a plant and continues to insist on delivery. On December 10th, an extreme cold spell arrives, Mark‘s heating system breaks down and all the roses she has on hand freeze. Jason then purchases 1000 roses from another wholesale florist but has to pay 1.3 Bd, a plant.
a. Recommend arguments in Jason’s favour and the defences that Leander might offer.
b. Evaluate whether any difference will take place in terms of recovery if the contract had provided instead that the plants be available between December 10 and December 15?
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