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1.

CASE STUDY (Law of Contracts)


Mr. and Mrs. Garmin a middle-aged newlywed couple, booked their two
week honeymoon package to Bali from “Tours with Us” in Melbourne, after
reading their advertised travel brochure. The brochure had many promises but
only a few were fulfilled during the couple’s trip. They were the only guests
in the Hotel. The owner couldn’t speak English and the room provided to
them was not the honeymoon suite as advertised. They were promised that
breakfast would be included, but only coffee was provided for them during
their stay. Mr. Garmin who was very distressed decided to sue “Tours with
Us” for breach of contract.
a. Briefly explain whether there is a contractual relationship between Mr. and
Mrs. Garmin and “Tours with Us”. If you have identified that contract is
created amongst these parties, then advice whether that contract was a valid
contract.
b. Briefly explain what sort of remedies are available for Mr and Mrs. Garmin
for breach of contract by “Tours with Us”?
Ans:
a. As per the case study, Mr. and Mrs. Garmin when Booked for the
honeymoon package comprehending an advertisement travel brochure of
“Tours with Us” which can be affirmed to be a valid contract as per Contract
law. The validity of the said contract is such that, there was an offer and
acceptance of the contract which herein is opting for the service by
acknowledging the brochure of the said travelling agency. Further, paying the
requisite amount for the promised service Mr. and Mrs. Garmin established
the presence of consideration. The other elements such as undue influence,
coercion and unsoundness of mind in the purview of this contract may be
affirmed to be invalid and therefore this may be inferred that the mentioned
act shall be classified as an implied valid contract (Smith, 2018). As per the
Sale of Good Act, 1896 (Qld), it is noted in the present law case study that not
just a sale of goods is governed by the same but also the sale of a service shall
be governed by the same.
B. the remedies that are available in case of breach of contract are many out
of which the best suit of this case would be the remedy to claim damages in
terms of compensation (refund)). Further, the remedy of claiming specific or
part performance of the contract can also be opted in this case but would be
rather a complex procedure and there depicts a possibility that the same
would not be entertained by a Court of Law when claimed as a prayer.

2.CASE STUDY (Workplace Health and Safety)


Fred has developed a lung infection that appears to have been caused by the
fine particles of plastic that escape from the cutting machine he operates at
“Ruthless Engineering”. Fred’s boss doesn’t believe him and refuses to advise
the workers compensation insurer or the relevant regulatory body. He warns
Fred that if he speaks out about his infection, he will be dismissed.
a. Briefly explain the regulations that Ruthless engineering should follow to
comply in the state in which you live.
b. Advice “Ruthless Engineering” on how they can stop this happening in the
future and avoid potential hazards in their business operation.
Ans:
Under the Safe Work Act, , a regulatory and statutory body was developed to
guarantee safety and health of the personnel within a workplace). Further, as
per the Occupational Health and Safety Act (OHS), , the workplaces are
governed by a certain regulation. According to the law case study, this is
beyond doubt that the organization of ‘Ruthless Engineering’ violates and
does not abide by the regulations of the OHS Act which resulted in a severe
lung infection of an employee, Fred. A few regulatory guidelines explored in
the law case study as per OHS Act that requires to be followed by the
respective company are as follows:
As the concerned organization is a manufacturer of plastic the same
should opt for safe operations of major facilities, herein, machineries.
Provide proper training exclusively for the high-risk works. 
Removing and adequately managing waste and emitted particles 
Maintaining a separate volunteer team 
2. The present law case study examines that the relations that are
enumerated in the said Act covers the entire ambits in a holistic manner
that shall potentially breach the health and safety of the employees
within a workplace. In order to avoid such instances in the future that
may seek the attention of the Safe Work, the organization of Ruthless
Engineering requires abiding by the regulatory guidelines i.e being a
plastic manufacturer company requires being more concerned
regarding the health issue that an employee is facing, as if the
information of the same is leaked, the owner may be subjected to grave
difficulties Repetitive training and presence of appointed volunteer in
the training sessions

3. CASE STUDY
Mr. A Developed a shopping mall at Mumbai at the request of Mr. B who is a
municipal corporater. Mr. C makes agreement to pay Rs. 2..50.000. Mr. A
accept the proposal of Mr. C. Is this an agreement or a Contract justify your
answer.
Ans: In this set case Mr. A developed a shopping mall at Mumbai with the
prior request of Mr. B who is a municipal corporater. Mr. C makes agreement
to pay Rs. 2,50,000 and Mr. A accepted the proposal of Mr. C. This is only an
agreement.

4. CASE STUDY

There is a constant quarrel between Ankita and Aniket due to which there is a
marital discord between two. As a part of settlement the husband agrees to
pay sum of Rs. 50.000 per month as maintenance allowance of his wife.
Provided she stays separately. Does the wife has a claim to get that amount.
Ans: agreement made without consideration is void. However, it is natural
love and affection; deal with the exception of this rule. In this set case there is
a quarrel between nikit and Ankita due to which there is a marital discord
between two. As a part of settlement, the husband agrees to pay for the
maintenance allowances to his wife provided she stays separately.
Case 5
X in consideration of Rs. 500,000 from y agrees to murder z while borrows
the money from K who knowingly lends moneyto Y can K recoverthis
amount.
Ans:
The given case is under the Fraud. K knows the fact and still gives money. So
he is fraud.

Case 6
A and B are friends. B treats A during A's illness but does not accepts
payment from A for the treatment and A promises Bs son X to pay Rs 1000,
A being a poor fails to pay. X sues A.
Ans:
Theres a emotional connection by friends. So there can be contract without
consideration. But Ais not liable to pay to x. X has nothing to do in the
contract. Therefore X cant not recover the money from A

Case 7
Mr. X sees a book displayed in a shelf of a book shop with the price tag of
Rs.85. Mr, X tenders Rs.85 on the counter and asked for the book the book
seller refuses to sale saying that the book has already being sold to someone
else and he doesn't have another copy of the book in the stock. Is the book
seller bound to sale the book to X?
Ans : No, he is not bound to sale. book seller refuses the proposal and refuse
to sell the book therefore even x sue the bookseller, x is not need to sle to x.

Case 8
B offers to sale his car to A for rs.95.000. A accepts to purchase it for 94000
B refuse to sale the car for 947000. Subsequently A agrees to purchase the car
for 95,000 but B refuses to sale. A sues for the specific performance of
contract will he succeed?
Ans:
No, B is not liable to sell to A. The offer is rejected already.
Case 9
Rachana says in conversation to Ram that he will give Rs.10,000 to a person
who so ever marry her daughter. Ram marries Rachana daughter Niharika and
files the suit to recover as 10,000 will Ram succeed?
Ans:
Alok marries his daughter and files a suit to recover the amount as Harish
refuses to pay. Theres no contract, Rachana just expressed her wish.

Case 10:
Mr. Anuj is the employer and sends Ajay in search of the pet cat which was
missing for 3 days. After Ajay left in search of the cat Anuj advertise In a
newspaper saying that whoever finds the cat will give a reward of Rs.1 0,000.
Ajay find it and the reward ignored can he claim the reward. Justify your
answer.
Ans: No Ajaya cant claim reward since Ajaya accepted before offer is made
and there is no communication.

Case 11
Cyber Pharma was manufacturing a medicine for cure aids. They advertise in
international magazine saying that whoever consumes this medicines will not
suffer from aids. Mrs. Mathew read this advertisement in the magazine and
purchased she claimed for the reward of 10 million pounds as a compensation
as promise in the advertisement can she claim? Will she succeed?
Ans: Mrs Methew can caim for the compensation. Offer is made through
advertisement and acceptance is made.

Case 12
Mr. John a principal of an engineering college promised his student who was
studying in the final year engineering that if he allows his professor to
complete the syllabus. Proffessor passed him. Can he sue for reversal. If he
couldn’t finidh syllabus.
Ans Technically yes.

Case 13
A an infant obtain loan from B. can B asked to repay the money to A.
Ans: agreement with the minor is void from the begging because a minor has
no capacity to contract. The court says minor is not supposed to have mature
judgement.
Case 14
Ram and Niharika were husband and wife and was always quarrelling
amongst each other.Ram promises to pay Rs. 50.000 to Niharika as monthly
expenses and give her a duplex apartment in dadar. after promising and
entering in to agreement Ram failed to provide the same. Niharika filed a suit
against Ram will she succeed ?
Ans: Yes she can.
Case 15
A is holder of a bill he endorses it "sans re course" to B. B endorses it to C. C
to D and D again to I Can A recover the amount of the bill from B . What
are the rights of D. Can A recover the amount from C and D or any of them
Ans:
A can recover the amount of the bill from B A can recover the amount of the
bill from B
Right of D:
Right to pay only to the instrument holder person
Right to conduct negotiation back

Case 16
By means of fall preference A has obtain from B a cheque crossed "not
negotiable" he took that cheque to a bank (other than drawee bank) which
paid it. B sues the bank for conversion.
1. Has A committed any offence or irregularity. Under the negotiable
instrument act.
2. Is B entitled to get any relief?
3. How will you decide the case
Ans:
A the did not committed any offence or irregularity under the Negotiation
instrument.
B will not get any relit as the transaction is lawful under the negotiable
instrument act,

Case 17
Abhishekh holds the promissory note as a holder in due course. He gives it to
Aishwarya. Is Aishwarya holder in due course why?
Ans:Aishwarya is Holder in due course. Aishwarya becomes holder in due
course because as per of holder in due case says that the person can be call it
as holder in due case in the title of the person whom he derived his title

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