A CPA Business Law/Commercial Law Revision Question and Answers Archives - Page 24 of 24

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Mobbs (Pvt) Ltd takes dustcoats to Mat Dry Cleaners for cleaning. The attendant at Mat Dry cleaners issues a receipt to the messenger delivering the overalls on the back of which the following are printed: ‘This firm accepts no liability for any damage to or shrinkage of any items left in its care irrespective of the cause thereof’ Three days later Mobbs (Pvt) Ltd sends their messenger to collect the dustcoats. On inspecting the dustcoats after their return to its offices it is discovered that three of them have been bleached. The manager of Mobbs (Pvt) Ltd, brings this to the attention of Mat Dry Cleaners. The manager of Mat Dry Cleaners draws the attention of Mobbs to the condition on the back of the receipt when the dustcoats were delivered for dry cleaning and contends that on the basis of this condition his firm is absolved from liability for the damage to the overalls. Required: a) Discuss the prospects of success of Mobbs (Pvt) Ltd. If this dispute were brought before the court. [15marks] b) Apart from litigation is there any other means of resolving this dispute and if so, what are its advantages over a court action? [10marks]

Mobbs (Pvt) Ltd V Mat Dry Cleaners Law of Contract : Receipts and Tickets Sale Contract Mobbs (Pvt) Ltd takes dustcoats to Mat Dry Cleaners for cleaning they were handed over to mat Dry Cleaners in a satisfactory condition. Open …

A by representing himself as a well-known millionaire obtains goods on credit from B and then sells them for cash to C. What remedies, if any, has B against C?

A contract entered into as the result of misrepresentation is voidable at the option of the injured party and will remain binding until set aside. It is also an established rule of law that if the seller whose title is Open …

Explain the difference between innocent and fraudulent misrepresentation.

A misrepresentation (whether innocent or fraudulent) must be e or a false statement of a material fact made by a party to a contract either before time of making the contract with the intention of inducing the other party to Open …

When a seller of goods deemed to be an unpaid seller? What are his rights: (i) against the goods and (ii) the buyer?

A seller of goods is an unpaid when the whole of price is not paid, or when a conditional payment was made by a cheque or otherwise, the instrument has been dishonoured. An unpaid seller has the following rights against Open …

Business Law| Commercial Law Revision Questions and Answers

Business Law| Commercial Law| Introduction to Law Revision Questions and Answers Suitable for those studying and Revising for Professional courses, Certificates, Diplomas, and Business Degrees Topics covered The Nature and Sources Of Law – Click here to view these Revision Open …

Distinguish between incorporated and unincorporated associations.

Apart from human beings, the law also accords legal personality to certain offices and groups of persons known as incorporated associations or most commonly known as corporations. A corporation is an artificial legal person created by law, and once it Open …

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