EXAMINATION (online)

Big Assignment

Lecturer’s Signature& full name

Program: VNU
Course Code: INS2022
Course Title: Legal, Ethical and Social Environment of
Business
Level: UG Hà Công Anh Bảo
Date: …16/12/2021
Time allowed: …2 days……………………………….
Department’s Signature & full
Due date: 10-12AM ngày 05/01/2022.
name

Date: ………………………………

Instructions to students:

1. Closed/Opened book examination: Opened book

2. Submitted your project as a PDF file or image file

3. Late submission will be result in a 30% deduction of your total points.

4. The file name is as follows: Student name_Student number_Course code

(Example: Nguyễn Văn A_19071122_INE1050.01)

This exam paper contains ………3… pages, including the cover page.
Question 1: 3 marks

Transtars, a transport company, got at contract to ship great amount of waste rock
from a building site of a river damp to a cement factory nearby. Transtars hired
giant lorries from Grand Cars for its work. Technical director of Grand Car told
Transtars representative that its lorry’s load capacity is 360 tons. Based on that
information, Transtars decided to hire 5 lorries to complete the shipping contract in
time. However, Transtars could not have its shipping contract finished in-time,
because actual load capacity of the lorries is only 300 tons, not 360 tons as stated.
Transtars sued Grand Cars for damages caused by misrepresentation. In attempt to
reject the cause of action by Transtars, Grand Cars argues that it got information
about the load of lorry from an Expert report published in a professional journal in
transportation field. Meanwhile, origin technical specification of lorry kept by
Grand Cars provides that it is actual load capacity is 300 tons. Based on provisions
of Misrepresentation Act 1967 and relevant case law, please discuss:

- Was Grand Cars statement a fraudulent or negligent misrepresentation?

- What would be the outcome of the case (Who would win the case? On which
basis?)?

Question 2: 2 marks

Selena contracted with a catering service to provide a buffet for her birthday party
held at 6pm on a given Saturday. She already had plan to move to the other city for
new job the morning after the party. However, the buffet delivered late, at 10pm,
when the party already ended. The catering service requested the repeat
performance on basis of Article 55 of Consumer Rights Act 2015.

Discuss whether Selena could:

a. Allow the repeat performance?

b. Repudiate contract and claim damages?

Question 3: 3 marks

Jessica and her daughter Belinda spent holydays in a High Heaven, a big resort
that has amusement park with lots of entertainment games. Belinda chose to
ride on a big wheel. Due to the poor maintenance by High Heaven, her cabin and
some other cabins had disconnected from the wheel and felt to the ground,
causing her and many other kids seriously injured. Matthew, the big wheel
operator, also got nervous shock. Tom, a guy sitting on one of the cabins, did not
suffer any physical injury, so he tried to rescue the injured kids. Even though at
the time of accident, Jessica was away from the site, but she also got nervously
shocked when she saw her injured daughter in the hospital. Later, Jessica,
Belinda, Matthew and Tom sued High Heaven for damages.
Based on theory of tort of negligence and nervous shock and relevant case law,
discuss situation of Jessica, Belinda, Matthew and Tom and the possible outcome
of the case for each of them
Question 4: 2 marks

Although company director has the general power to manage the company,
power to carry out certain functions is given to the shareholders either in
general meeting or by written resolution. State and explain these shareholder
powers.