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D176

D176
by Rakesh Kulla

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Report: D176

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D176

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Question One
(a) Is Hassan correct that Patricia has agreed to sell the property to him for
€350,000?
Despite Hassan agreeing to pay up the initial asking to Patricia, Hassan cannot
necessarily claim to have an agreement in principle whatsoever with Patricia
since there was no email exchange between the two parties whatsoever

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asserting agreement or con rming acceptance of the offer from Hassan. In this
regard, since Patricia did not send an email con rming Hassan's offer, Hassan
has no authority whatsoever to claim he had an agreement with Patricia to sell
him the property.
(b) Could Susanna insist that she had accepted Patricia's offer?
No, Susanna cannot insist that Patricia had accepted her offer since the email
was sent and not delivered to Patricia. In as much, an agreement claim would
have stood had Susanna sent the mail and Patricia on the other end sent an
email con rming the agreement. This would con rm acceptance from
Patricia's end to agree to sell the property and, in the process, acknowledge the
agreement between the two. So, in as much as Susanna claims or even thinks
they had an agreement, there is no reason or justi cation to support and assert
this claim at all. It lacks the fundamental basics of an agreement.
(c) If the sale between Patricia and Johanna does not proceed, is Patricia able
to accept Hassan's offer?
If the sale between Patricia and Johanna fails, Patricia can very much accept
Hassan's offer, but only if Hassan is willing to buy anymore. But in this case,
Susanna might decide to renegotiate the terms of the sale afresh with Hassan
or at the initial price. Either way, it will depend on the willingness of both
parties to do business again with much more assurances considering Patricia
had left him hanging earlier on the rst time.
(d) If the sale between Patricia and Johanna does not proceed and imagine that
Hassan had never made an offer, is Patricia able to accept Susanna's offer at
€335,000?
Depending on Patricia's urgency and willingness to sell, they would have
probably negotiated as they had from the beginning. Either way, if Patricia was
willing to sell for that price and she did not receive any further offers, she

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would have probably accepted that offer. Maybe if Susanna was not equally
willing to go further than that amount. So, to answer the question, Patricia was
open to accepting Susanna's offer with the prevailing circumstances but only
with certain situations mentioned above.
Question Two
The Constitution. This is the most important source (Eidenmüller 2017, p. 227).
Legislation. This is the second-highest domestic legal authority. Once it follows
the Constitution and Ireland's duties under EU law, the policy can establish,
change, or cancel the law it creates or modi es.
Case law. Third, there is case law, referred to as common law. Additionally,
judges must obey decisions made by higher courts because of the case law
hierarchy (Heindler 2018). There are cases where the ranking of the court is
relevant in determining whose ruling should be followed.
EU law. EU law is the principal source of legislation for the fourth time. The
supreme source of law in Ireland in some jurisdictions is EU law. Where Irish
law and EU law are at odds, the EU law takes precedence (Article 29.4.6,
Constitution).
Question Three
There are several methods to tell the two agreements apart. In most cases, a
contract may be described in the settlement. The line between the two can
become increasingly blurred as businesses nd new and inventive ways to
assign employees the task of painting for their business. For a settlement to be
classi ed as an agreement between the carrier and the provider, several tests
are required, all provided by the courts (Heubert and Hauser 1999). According
to Bramwell LJ, "A servant is a person who is subject to the order of his master
as to how he shall perform the duties of his position." If a company can instruct
an employee what to do and how to do it and when the courts think this

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indicates that a contract of employment has been established. However, if the

degree of manipulation is lower, it may suggest working for oneself. The
manage check is the focus of this article. As Gopal Sri Ram JCA, as he was at
the time, stated in the Malaysian case of Hoh Kiang Ngan v Mahkamah
Perusahaan Malaysia & Anor (1996), the degree of control that a rm exerts
over an employee is an important factor. It is the employer who exerts the most
in uence over one's character. The more probable it is that the company
employs the person (Antill 2021). Because the substance of the settlement
should also be evaluated, His Lordship agreed that what they were able to
examine turned out to be a less than ideal way to determine whether or not a
worker is entitled to bene ts.
Lord Denning added an integration test in Stevenson, Jordan & Harrison Ltd v
Macdonald & Evans Ltd (1952), which focuses on the work done by the person
contracted to complete the project. Suppose that the services provided by the
employee are deemed important to the overall running of the business. A
carrier compensation may also be a possibility for the person in this situation.
According to the courtroom in the case of Ready Mixed Concrete (South East)
Ltd v Minister of Pensions (1968), the only way to assess whether or not a
person is under an agreement of provider or provider was to use the following
criteria: In exchange for compensation, the employee undertakes to provide a
little amount of his own time and effort to the company (Heubert and Hauser
1999). As long as the company is performing well, the employee explicitly or
implicitly acknowledges that he will be tough for management. The contract's
other terms support its status as a provider's agreement.
Emily should consider her contract and employment contract regarding this
situation since most of her activities and schedules are controlled by Arcane.
Question Four

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a) Explain a court-ordered/compulsory liquidation, a members' voluntary

liquidation, and a creditors' voluntary liquidation.
An insolvency method in which a current operation is liquidated and allocated
to its creditors is compulsory liquidation (or winding up). A petition must rst
be led (or "presented") with the court. A company's insolvency is the most
prevalent reason for a winding-up order. A rm can go through a voluntary
liquidation if its shareholders' consent to do so. A rm's leadership will choose
if they believe there is no longer a need for the company to exist (Belenko 1998).
Creditors' voluntary liquidation refers to a company's liquidation if it cannot
pay its obligations on time (Dörr, and Murmann 2021, p. 12). The management
of an insolvent rm begins the process by ling for bankruptcy.
(b) Describe the Summary Approval Process and explain how it is relevant to
liquidation.
Summary Approval Method refers to the process when a speci c provision is
approved bestowing power. The corporation submits a copy of that motion and
a copy of its submission to the Registry as required by section 202 (Sobel 2008).
A corporation must submit a declaration of intent within 21 days after a new
activity begins. A different declaration is required for each type of restricted
activity because each one has additional restrictions.
Section 210 of the Companies Act 2014 allows for civil sanctions against a
trustee, creditor, or representative of a rm, as well as the ODCE if a
declaration was made without suf cient basis, and a manager who authorized
the agreement may be held personally liable for all of the company's debts and
liabilities (Sobel 2008). Companies that are public big corporations cannot
employ the Summary Approval Procedure. For some procedures, certain
companies must pass special resolutions instead of regular resolutions.

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References
Antill, S., 2021. Do the right rms survive bankruptcy?. Journal of Financial
Economics.
Belenko, S., 1998. Research on drug courts: A critical review. National Drug
Court Institute Review, 1(1), pp.1-42.
Dörr, J.O., Licht, G. and Murmann, S., 2021. Small rms and the COVID-19
insolvency gap. Small Business Economics, pp.1-31.
Eidenmüller, H., 2017. Contracting for a European insolvency regime. European
Business Organization Law Review, 18(2), pp.273-304.
Heindler, F., 2018. Corporate and Unitary Legal Entities in Russia. Kluwer Law
International BV.
Heubert, J.P. and Hauser, R.M., 1999. High stakes: Testing for tracking,
promotion, and graduation. National Academy Press, 2101 Constitution
Avenue, NW, Washington, DC 20418.
Sobel, R.S., 2008. Testing Baumol: Institutional quality and the productivity of
entrepreneurship. Journal of Business Venturing, 23(6), pp.641-655.

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