Question

In: Operations Management

6. Cathy was primary student. She bought a bracelet online as her mother’s birthday present. Cathy...

6. Cathy was primary student. She bought a bracelet online as her mother’s birthday present. Cathy used her father’s personal data and credit card information for the payment. The bracelet seller emailed his acceptance of the order to Cathy. Finally, Cathy’s father want to refuse the payment.
Does Cathy’s father claim it is a voidable contract between Cathy and the bracelet seller? Please explain.


7. Mr Shek had a flat to sell and he places an advertisement in the newspaper with a price stated. Mrs Leung called Mr Shek that she was interested to visit him next day. Finally, Mrs Leung was interested to buy the flat with the said price.
Who is the offeror? Who is the offeree?

8. Explain the following terms implied by Common Law with examples.
a. hire-purchase agreement
b. employment contracts
c. landlord & tenant
d. banker/customer relationship
9. Please explain the types of damages claimed by the innocent party under the common law.

10. Alan agrees to sell a piece of land Kim, who agrees to buy to erect a new habitation. Kim regrets and breach the contract.
a. Please explain the term of specific performance
b. Discuss whether Alan can sue Kim for specific performance in his cases?


11. A house owner enters into a contract with a renovation company to renovate his
house. Work commences but when the renovations are partially complete, the owner locks up the house and goes away without a word to the builder. Is it possible for the renovation company to bring the case to the court? If yes, what kinds of damages can be recovered for breach of contract?

Solutions

Expert Solution

6. As Cathy's father was not aware that her daughter is purchasing that bracelet for a mother by his card and the payment has been done to the seller is not the mistake of the seller also because the payment has been turned to him and he is bringing the bracelet but now as his father has realised the thing it can be categorised under voidable contract because it comes under non disclosure of material facts, it was mutual mistake and lack of knowledge or you can say that free will of her father and the contracting party came under the influence of the other.

7.Here Mr shek is the offeror and Mrs Leung is the offeree. offerer means a person who is offering something to you that means he is providing you your Mr shek is offering the flat and is selling the flat. Offeree who is is accepting the thing for some material object so here Mrs Leung is ready to purchase the flat that means is accepting that's why she is offeree.

keosha answered 4 months ago
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