Wednesday, March 29, 2006
suggested solution
The contract:
Is there any contract between any party involved? I think there is, the first contract is between Sch S and Mrs A. Consideration for her sacrificing tuesday evening is the monetary renumeration. There is an implied term which might have or might not been stated in the contract. Its is implied that a school will follow a systematic time table, by offering the class, Mrs A has the obligation to teach at that time slot each week.
There is a second contract between TY and sch S. TY has already showed his consideration to enforce the contract by paying school fee and possibly by making arrangement to free up tuesday evening to be eligible for the class. It is not known if Mrs A is the inducement factor which allow for TY to enter into the contract. If it is, the school has the obligation to ensure Mrs A presence at the stipulated timeslot every week. If not, the least the school is obliged to do is to ensure there is a law professor at the stipulated time slot each week to conduct lesson.
Privity:
It can be argued that the school is only acting as an agency. After all, the school collects money from TY and a portion of it will end up in Mrs A's pocket. Similarly, the school is acting as an intermediary between the student and Mrs A to communicate her ability to offer a class at tuesday evening.
Breach of contract?
There are3 scenario here. 1: oversea for personal reason unknown to the students and school. 2: she is sick. 3:her child is sick and her maid is not around. It is to be noted that the there are no vitiating factor that can negate the whole contract. We shall now examine the factors which are liable for legal cases. Scenario 2 is obvious, it will lead to a frustration as Mrs A is not at fault and the event is unforeseeable. The first event has to be investigated, if the event was self induced or accidental (eg flight delay). The last even is also questionable. The key is why isn't the maid around? Is the even foreseeable and anticipated. If the maid has run out of her contract, that is foreseeable. If the maid's has to take sudden leave, that is unforeseeable. Chances are scenario 1 and 3 will have legal effect on Mrs A.
Remedies:
having already established the breach. what can TY receive as a result? In common law term, it is remedy. By hadley v baxendale, he can sue for the damage incurred for the loss of income for the saturday's spent making up. alternativel, the time spent waiting in tuesday and the inconvenience can be quantified. he can also enforce his contractual right by choosing a make up time slot of his convienience, if that is the case, he will only get nominal damages.
mitigating factor:
Mrs A has scheduled a make up slot to show her willingness to fufill her bargain of the contract.
Route:
TY can sue Mrs A direct or sue Sch S which will in turn seek damages through Mrs A themselves.
This is a brief overview of the case. There's alot more elaboration, of course. but due to a lack of time constraint, that is all i shall post for now. The above case is base on a true story. HAHAHA. Mrs A, if you read this, don't worry. i'm harmless, but give me my desired grade after u read this, k?
posted @ 10:20 AM ||
BIZ LAW CASE
oops haven't blog in a month, looks like work has really bogged me down. but since this blog isn't about me crapping, i will jump straight to the point, the table tennis series has taken a break. will be back after exam, i around 3 weeks? in the meantime here is a biz law case, it really look like a contract law case haha.
CASE 1:
Mrs A is a reowned lawyer in the law practice. However, ever since she got married with a children, her commitment to her family have made it increasingly hard for her commit herself fully as a lawyer. School S took the opportunity and offer her a place in their school to teach law students at a stipulated time each week, to suit her schedule. the money was good, and Mrs A find the offer hard to resist and she accepted it.
The semester begin with Mrs A offering to teach a tuesday evening class. In lieu of that, sch S informs all its student of the availability of Mrs A to a tuesday evening class. Mrs A was a highly conveted lawyer and hence many students sign up altered their schedule to free up tuesday for the class. Due to popular demand, a ballot has to be in place to select the limited students that can be enrolled into Mrs A class.
TY is a lucky student who win the ballot to be in Mrs A class. After confirming his place, he scheduled his whole term programme in advance to accomodate the change in time table. However, he soon find out that this is not turning out to be the way he wanted it to be. The first week, lessons was rescheduled because Mrs A is oversea. A few weeks later, another lesson was rescheduled because Mrs A claims she is sick. A week before exam, Mrs A once again claim that her child is sick and her maid is not around and hence she cannot make it for lesson. most of the time, lesson were rescheduled to saturday causing alot of inconvienience. Ty is very unhappy over the way Mrs A handles her class and plans to take action. what can he do?
posted @ 12:56 AM ||
