This document provides an overview of business contracts and torts under Omani law. It analyzes two legal cases. The first case involves a singer, Mr. Badar, who failed to attend required rehearsals for a musical performance due to illness. The event organizer, Mr. Yosuf, terminated their contract. Analyzing Omani contract law, the termination was likely valid as Mr. Badar broke a key term of the agreement. The second case involves a construction dispute that raises issues of negligence and liability. The document provides advice to each party based on the relevant Omani laws.
The document summarizes potential avenues of investigation available to a liquidator regarding a company in insolvency or liquidation proceedings. These include investigating insolvent trading, fraudulent trading, undue preference given to creditors, and the liquidator's right to recover assets in certain sales transactions. Relevant sections of the Malaysian Companies Act 2016 governing these areas are also outlined. Key persons who may be liable if found to have engaged in wrongdoing are directors, connected persons, and parties knowingly involved in carrying on business with intent to defraud creditors. The liquidator may provide evidence to support applications to the court regarding fraudulent trading and recoveries.
The document summarizes key principles of partnership law in Malaysia. It discusses sources of partnership law, including the Partnership Act 1961 which is similar to the English Partnership Act 1890. It analyzes the case of Chan King Yue v Lee & Wong which applied principles of equity to allow recovery of a loan to a partnership. The document defines a partnership and notes a partnership has no separate legal existence from its partners. It examines types of partners and their authority to bind the partnership. Finally, it discusses formation of partnerships and liability of partners.
This document summarizes key aspects of partnership law regarding when the acts of a partner can bind their other partners to outsiders. It discusses the four requirements under Section 7 of the Partnership Act for a partner's actions to bind the firm: 1) the act was by a partner 2) was within the scope of the firm's business 3) was conducted in the usual way and 4) the outsider knew or believed the person was a partner. The document analyzes several cases that further illustrate these requirements, such as when investment advice could be considered within a firm's usual business activities.
Questions assigned:
A partnership may be dissolved by several methods.
Discuss the circumstances where the partnership will be
dissolved automatically.
Zahir and Zahid formed a partnership in a computer business in
December 1996 The partnership is for a period of twenty years
and both played an active part in the business Early this year in
January 2019 Zahir was involved in a serious car accident Until
today he is awarded in the intensive care unit at Putri Medical
Centre He suffers from brain damage Zahid intends to dissolve
the partnership and comes to you for advice Discuss
This document provides information on stamp duty requirements for various types of legal agreements and property transfers in India, including:
- Leases: Stamp duty for leases ranges from 1-8% depending on the term of the lease. Exemptions exist for agricultural leases under 1 year.
- Sale/Conveyance: Stamp duty is 7% of the market value of the property being transferred.
- Loans: Bonds, debentures or other securities issued for loans raised by local authorities pay a duty of 0.05% of the total amount of loan.
The document outlines specific stamp duty rates, exemptions, and requirements for legal agreements such as leases, sales/con
This document contains 22 multiple choice questions about key concepts from the Partnership Act 1932 in India. Some of the topics covered include: when a partner is entitled to return of premium paid upon dissolution of a partnership [Q1]; types of partners not liable for the firm [Q2]; whether an unregistered firm can sue to enforce partnership rights [Q3]; effects of registration [Q4]; rights of partners in an unregistered firm [Q5]; evidence of registration [Q6]; circumstances where compulsory dissolution does not occur [Q7]; requirements for partnership deeds [Q8]; accounting rules for partner insolvency [Q9]; authority of partners [Q10]; requirements for regular expulsion of a partner [
Company Law II - Tugasan Madam Nazirah Question 6(1) Slidessurrenderyourthrone
Phil Peters approved a loan from Company X while he was the finance director of Tang Supermarkets Berhad. This likely breached his duties to Tang since Company X did not have adequate security for the loan. Tang Supermarkets Berhad can take action against Phil Peters through a derivative suit. However, Subco Berhad, as the parent company, cannot take action as it did not suffer any losses. Additionally, the Registrar of Companies also cannot take legal action against Phil Peters.
contents : ways and consequences of dissolving a partnership
P/S : Hi, I am sharing my personal notes of law-related subjects. Some parts of them are explained in a very informal-relaxed way and mix of languages (BM and English). Secondly, as law revolves every day, there will be outdated parts in my notes. Two ways of handling it.. (1) double check with the latest law and keep it to yourself (2) same with No. 1 coupled with your generosity to share with us, the LinkedIn users (hiks ^_^). Till then, have a nice day!
The document summarizes potential avenues of investigation available to a liquidator regarding a company in insolvency or liquidation proceedings. These include investigating insolvent trading, fraudulent trading, undue preference given to creditors, and the liquidator's right to recover assets in certain sales transactions. Relevant sections of the Malaysian Companies Act 2016 governing these areas are also outlined. Key persons who may be liable if found to have engaged in wrongdoing are directors, connected persons, and parties knowingly involved in carrying on business with intent to defraud creditors. The liquidator may provide evidence to support applications to the court regarding fraudulent trading and recoveries.
The document summarizes key principles of partnership law in Malaysia. It discusses sources of partnership law, including the Partnership Act 1961 which is similar to the English Partnership Act 1890. It analyzes the case of Chan King Yue v Lee & Wong which applied principles of equity to allow recovery of a loan to a partnership. The document defines a partnership and notes a partnership has no separate legal existence from its partners. It examines types of partners and their authority to bind the partnership. Finally, it discusses formation of partnerships and liability of partners.
This document summarizes key aspects of partnership law regarding when the acts of a partner can bind their other partners to outsiders. It discusses the four requirements under Section 7 of the Partnership Act for a partner's actions to bind the firm: 1) the act was by a partner 2) was within the scope of the firm's business 3) was conducted in the usual way and 4) the outsider knew or believed the person was a partner. The document analyzes several cases that further illustrate these requirements, such as when investment advice could be considered within a firm's usual business activities.
Questions assigned:
A partnership may be dissolved by several methods.
Discuss the circumstances where the partnership will be
dissolved automatically.
Zahir and Zahid formed a partnership in a computer business in
December 1996 The partnership is for a period of twenty years
and both played an active part in the business Early this year in
January 2019 Zahir was involved in a serious car accident Until
today he is awarded in the intensive care unit at Putri Medical
Centre He suffers from brain damage Zahid intends to dissolve
the partnership and comes to you for advice Discuss
This document provides information on stamp duty requirements for various types of legal agreements and property transfers in India, including:
- Leases: Stamp duty for leases ranges from 1-8% depending on the term of the lease. Exemptions exist for agricultural leases under 1 year.
- Sale/Conveyance: Stamp duty is 7% of the market value of the property being transferred.
- Loans: Bonds, debentures or other securities issued for loans raised by local authorities pay a duty of 0.05% of the total amount of loan.
The document outlines specific stamp duty rates, exemptions, and requirements for legal agreements such as leases, sales/con
This document contains 22 multiple choice questions about key concepts from the Partnership Act 1932 in India. Some of the topics covered include: when a partner is entitled to return of premium paid upon dissolution of a partnership [Q1]; types of partners not liable for the firm [Q2]; whether an unregistered firm can sue to enforce partnership rights [Q3]; effects of registration [Q4]; rights of partners in an unregistered firm [Q5]; evidence of registration [Q6]; circumstances where compulsory dissolution does not occur [Q7]; requirements for partnership deeds [Q8]; accounting rules for partner insolvency [Q9]; authority of partners [Q10]; requirements for regular expulsion of a partner [
Company Law II - Tugasan Madam Nazirah Question 6(1) Slidessurrenderyourthrone
Phil Peters approved a loan from Company X while he was the finance director of Tang Supermarkets Berhad. This likely breached his duties to Tang since Company X did not have adequate security for the loan. Tang Supermarkets Berhad can take action against Phil Peters through a derivative suit. However, Subco Berhad, as the parent company, cannot take action as it did not suffer any losses. Additionally, the Registrar of Companies also cannot take legal action against Phil Peters.
contents : ways and consequences of dissolving a partnership
P/S : Hi, I am sharing my personal notes of law-related subjects. Some parts of them are explained in a very informal-relaxed way and mix of languages (BM and English). Secondly, as law revolves every day, there will be outdated parts in my notes. Two ways of handling it.. (1) double check with the latest law and keep it to yourself (2) same with No. 1 coupled with your generosity to share with us, the LinkedIn users (hiks ^_^). Till then, have a nice day!
The document provides an overview of essential business law concepts for entrepreneurs in India. It discusses the complexity of the Indian legal system and taxation system, and how they can discourage entrepreneurship. It aims to simplify these areas of law for Indian entrepreneurs. It then provides definitions and explanations of key concepts in partnership law, contracts, bailments, and other areas of business law.
This document summarizes the rule in Foss v Harbottle and its exceptions regarding a member's right to bring legal action against a company. The rule establishes that the company is usually the proper plaintiff, not individual members, but there are exceptions. These include where the majority acts ultra vires, fails to obtain a required special resolution, infringes on a member's personal rights, commits fraud on the minority, or does not act bona fide for the company's benefit as a whole. The exceptions allow members to bring a derivative suit on behalf of the company or a personal claim to enforce their own rights.
Non-compete agreements are contracts that restrict employees or business owners from working for competitors or starting competing businesses for a specified period of time and within a defined geographic area. Under Indian law, non-compete agreements are generally considered void and unenforceable unless they are reasonable in scope and designed to protect legitimate business interests like goodwill. Indian courts have found non-compete clauses invalid if they restrict employment after the employment contract expires or prohibit employees from engaging in similar work indefinitely. There have been calls to reform laws around reasonable non-compete agreements to support business interests while still protecting individual liberties and livelihoods.
In ancient times, rulers of kingdoms would cut off the hands of skilled artisans to prevent them from creating similar extraordinary works for others. After the Taj Mahal was completed, Shah Jahan ordered the hands of the masons cut off so the masterpiece could not be recreated. Non-compete clauses restricting employees after termination of employment are generally considered void under Indian law, with the exception of sale of goodwill of a business. Indian courts have taken a strict view that any restriction on an employee's freedom to seek employment after their contract ends will not be enforced.
Types of terms within a contract - Contract LawPatrick Aboku
The document discusses different types of terms within a contract:
1) Conditions - essential terms whose breach allows the injured party to rescind the contract or sue for damages.
2) Warranties - terms whose breach allows the injured party to sue for damages but not rescind the contract.
3) Innominate terms - terms whose importance is unclear until breach, at which point courts examine the nature and effect of the breach to determine if it amounts to a condition or warranty.
The document also discusses implied terms, which courts may import into a contract to give it efficacy or based on custom, statute, or prior dealings between the parties. Breach of an implied term would be treated as a breach of condition
Research Study on Contract Law: The equitable doctrine where brought to provide equity in cases which had a defect in consideration, at which it is unconscionable for a party to suffer the determent. The court has the power to practice judicial discretion in these circumstances, where seen there is unjust enrichment or unconscionable. However, it is mandatory for the applicant filing for equity to satisfy the conditions forming the equitable doctrine.
The predictability and certainty of these causes have lead to comprise the law, having it called “The dangerous doctrine”, as a person could preplan the events that will lead another person to be victimized by an estoppel. Rather having solid common law that sets the rules, equitable doctrine bend these rules and compromises the law.
This document outlines various statutory remedies available to company members where controllers misuse their power or breach duties, including remedies for oppressive, unfairly prejudicial, or unfairly discriminatory conduct. Section 181 of the Companies Act provides members the right to seek remedies from the court if a company's affairs are being conducted in an oppressive, unfairly prejudicial, or unfairly discriminatory manner, or if a company act is contrary to members' interests. The types of conduct that may qualify include diversion of corporate assets, inadequate dividend payments, disregard of members' interests, and controllers treating the company as their own.
1. The document discusses the key elements and principles of partnership law in Malaysia.
2. It outlines the definition of a partnership, elements required to form one, types of partners, and rules for determining if a partnership exists.
3. Key points covered include how sharing profits or assets alone does not create a partnership, the need for agreement and intention to carry on business together, and exceptions where receipt of profits does not make one a partner.
4. The summary also discusses an agent's authority to bind the partnership in dealings with outsiders, and cases that further explain partnership principles.
1. Sam Lee took out two life insurance policies worth RM30,000 each with ASIA Insurance, naming his father and foster mother as beneficiaries. He also took a RM500,000 policy with EURO Insurance, assigning it to his wife Jessie Koh and children. Sam Lee owned a BMW insured with MINI Insurance.
2. When Sam Lee's nephew Joe Lee, who had permission to drive the BMW, crashed it at high speed into a bus, Sam Lee died from injuries. Jessie Koh cannot claim from MINI Insurance as a passenger, and Sally Tan is entitled to the ASIA Insurance payout as the named beneficiary.
3. MINI Insurance paid out Sam Lee's claim
A non-compete clause is an agreement where an employee promises not to compete with their employer for a specified period after leaving the job. To be valid, the restrictions in a non-compete clause must be reasonable in terms of time, geographic scope, and line of business. Indian law generally considers restrictions on practicing a profession to be void, but exceptions are made if the restrictions protect an employer's legitimate business interests like trade secrets or goodwill.
Silpa operates a car service station where Zantax regularly sends his car to be washed. On January 1, 2000, Bungee, an employee of Silpa, drove Zantax's car after washing it to the designated address but could not find Zantax. On the return trip, Bungee crashed into a cyclist. Simply Good Insurers, Zantax's insurer, settled claims with the cyclist and Zantax. Simply Good Insurers is now seeking to sue Silpa and Bungee through subrogation.
The document discusses the Doctrine of Indoor Management, also known as Turquand's Rule. This doctrine protects third parties who transact with a company in good faith. It states that outsiders are not required to investigate a company's internal management processes and will not be affected by irregularities they were not aware of.
The doctrine originated from the 1856 case Royal British Bank v. Turquand, where the court held that a bank was entitled to assume proper authorization had been given for a loan, even if internal processes were not actually followed. The Companies Act also protects valid acts by directors despite defects in their appointments. There are some exceptions, such as when the outsider knows of irregularities or a
The document summarizes key provisions regarding valid partnerships and liability of partnerships according to the Partnership Act 1961 of Malaysia. It discusses the five elements required for a valid partnership under Section 3(1), exceptions under Section 4, and liability of partnerships to third parties under Sections 7, 11-13. In particular, it notes that under Sections 7 and 11-13, partnerships can be held jointly or severally liable for acts of individual partners carried out in the ordinary course of business.
Rescission for breach allows an innocent party to terminate a contract when the other party is in fundamental breach. It restores the parties to their pre-contract positions. A party exercises this option by clearly communicating their decision to rescind within a reasonable time of the breach. Once rescinded, neither party needs to fulfill outstanding obligations, and benefits received under the contract must be restored. The rescission option is only available for valid contracts and when the breach goes to the core of the agreement. Malaysian courts have upheld this right while also placing restrictions like requiring unambiguous notice of the decision to rescind.
CVT Bhd borrowed RM2 million from Bank ABS in October, secured by a fixed charge on its factory and a floating charge over another company's property. The floating charge prohibited further charges without authorization. In April, CVT borrowed RM1 million from Lender X, secured by a fixed charge on its debt book. The liquidator must now determine priority.
The floating charge likely did not crystallize as a fixed charge as Bank ABS did not provide notice. Between the fixed charges, Bank ABS' charge has priority as the first in time. Bank ABS' floating charge has priority over Lender X's later fixed charge due to the negative pledge clause, giving Bank ABS first claim to the assets.
The document discusses the legal status of pre-incorporation contracts under English common law and Malaysian company law. It provides an introduction and overview of key cases.
In English common law, pre-incorporation contracts are invalid and cannot be ratified by the company after incorporation. As such, outsiders who contract with promoters cannot enforce the contract or hold the company liable. Promoters are also not personally liable as a non-existent company cannot appoint agents. However, under Malaysian company law pre-incorporation contracts can be ratified, protecting outsiders and allowing them recourse against the company or promoters. The document analyzes several important cases to illustrate how these laws are applied.
This document provides an overview of security for performance in construction contracts, including different forms of security like bank guarantees, letters of credit, and performance bonds. It discusses key cases like Woodhall Limited v The Pipeline Authority that established the autonomy principle for bank guarantees, meaning they are payable on demand regardless of disputes between the parties. The document outlines exceptions to the autonomy principle such as fraud, statutory provisions, and express contractual exclusions. It also analyzes relevant clauses from the case Rejan Constructions Pty Ltd v Manningham Medical Centre Pty Ltd regarding when a party can have recourse to security or retention money.
Show Me My Money (Reisenfeld & Company v. The Network Group Inc..docxedmondpburgess27164
Show Me My Money (Reisenfeld & Company v. The Network Group Inc., p. 313)
Why does the court see this case as involving a quasi-contract as opposed to an actual contract? What other case law does the court rely on in finding precedent/support for compensating Reisenfeld? Does this decision appear to follow the golden rule guideline set forth in Chapter 2 (pp. 27 and 28)? Describe another example of an implied-in-fact or quasi-contract that you have experienced or is mentioned in the text.
Note: please read all the information correctly before you begin the assignment I have also copy and paste pages 27 and 28 that you would need to complete the assignment.
CASE
13-3
REISENFELD & CO. v. THE NETWORK GROUP, INC.;
BUILDERS SQUARE, INC.; KMART CORP. U.S. COURT OF APPEALS FOR THE SIXTH CIRCUIT 277 F.3d 856 U.S. App. (2002)
Network Group (“Network”) was contracted by BSI to assist in selling or subleasing closed Kmart stores in Ohio. A few years later, Network entered into a commission agreement with Reisenfeld, a real estate broker for Dick's Clothing and Sporting Goods (“Dicks”). Dicks then subleased two stores from BSI. According to executed assignment and assumption agreements signed in November of 1994, BSI was to pay a commission to Network. Network was then responsible, pursuant to the commission agreement with Reisenfeld, to pay a commission of $1 per square foot to Reisenfeld. There was no direct agreement made between BSI and Reisenfeld.
During this time, Network's sole shareholder was defrauding BSI. This shareholder was convicted of several criminal charges stemming from his fraudulent acts. Network was ordered by the district court to disgorge any commissions received from BSI, and BSI was relieved of any duty to pay additional commissions to Network. As such, Reisenfeld never received his commission related to the Dicks sublease.
Reisenfeld sued in state court for the $160,320 in commissions he had not been paid. In addition to suing Network, Reisenfeld also named BSI as a defendant. The suit alleged, among other things, that based on a theory of quasi-contracts, BSI was jointly and severally liable for the commission.
JUDGE BOOGS: . . .
A contract implied-in-law, or “quasi-contract,” is not a true contract, but instead a liability imposed by courts in order to prevent unjust enrichment. … Under Ohio law, there are three elements for a quasi-contract claim. There must be: (1) a benefit conferred by the plaintiff upon the defendant; (2) knowledge by the defendant of the benefit; and (3) retention of the benefit by the defendant under circumstances where it would be unjust to do so without payment. …
There is no disagreement as to the first two requirements. It is clear that Reisenfeld's work as broker benefited BSI and that BSI was aware of the work Reisenfeld was doing. The disagreement rests on the third requirement—whether it would be unjust for BSI to retain the benefit it received without paying Reisenfeld for it. … U.
The document discusses a case involving TAM's College hiring a marketing firm, NAMS, to promote the college. TAM's paid NAMS £1500 upfront but NAMS broke the contract terms by missing deadlines. TAM's is suing NAMS to get their money back. Additionally, a TAM's staff member was injured on the job for not wearing proper protective gear as required. TAM's is facing legal penalties due to vicarious liability policies. The document analyzes contract elements, types of contracts, negligence torts, and defenses against negligence in analyzing both legal situations.
A breach of contract occurs when one party fails to perform their obligations under the terms of a binding agreement. There are two types of breach - anticipatory and actual. Remedies for breach include suing for damages or compensation, an injunction, quantum meruit, rescission of the contract, or specific performance. Damages can be ordinary, special, exemplary, nominal, pre-fixed, or for deterioration. The landmark Hadley v. Baxendale case established that damages must have been foreseeable or naturally arise from the breach.
common business dispute legal claims by business lawyer David Steinfeld.pdfDavid Steinfeld, Esq.
The three distinct but broad categories of claims that are commonly brought in business disputes in Florida are those grounded in contracts, those based on torts, and those provided by statute. Contract claims may be predicated on a written or oral agreement or a contract implied by law. Torts are claims based on negligence or intentional bad acts. Statutory claims are those where a specific statute defines the claim and the relief.
Lawsuits are not the only forum within which businesses can address their disputes. Businesses also have arbitration and direct resolution methods including mediation in addition to the court system. Therefore it is more appropriate to define these claims within the context of the more inclusive concept of business disputes as opposed to limiting them to just lawsuits.
The document provides an overview of essential business law concepts for entrepreneurs in India. It discusses the complexity of the Indian legal system and taxation system, and how they can discourage entrepreneurship. It aims to simplify these areas of law for Indian entrepreneurs. It then provides definitions and explanations of key concepts in partnership law, contracts, bailments, and other areas of business law.
This document summarizes the rule in Foss v Harbottle and its exceptions regarding a member's right to bring legal action against a company. The rule establishes that the company is usually the proper plaintiff, not individual members, but there are exceptions. These include where the majority acts ultra vires, fails to obtain a required special resolution, infringes on a member's personal rights, commits fraud on the minority, or does not act bona fide for the company's benefit as a whole. The exceptions allow members to bring a derivative suit on behalf of the company or a personal claim to enforce their own rights.
Non-compete agreements are contracts that restrict employees or business owners from working for competitors or starting competing businesses for a specified period of time and within a defined geographic area. Under Indian law, non-compete agreements are generally considered void and unenforceable unless they are reasonable in scope and designed to protect legitimate business interests like goodwill. Indian courts have found non-compete clauses invalid if they restrict employment after the employment contract expires or prohibit employees from engaging in similar work indefinitely. There have been calls to reform laws around reasonable non-compete agreements to support business interests while still protecting individual liberties and livelihoods.
In ancient times, rulers of kingdoms would cut off the hands of skilled artisans to prevent them from creating similar extraordinary works for others. After the Taj Mahal was completed, Shah Jahan ordered the hands of the masons cut off so the masterpiece could not be recreated. Non-compete clauses restricting employees after termination of employment are generally considered void under Indian law, with the exception of sale of goodwill of a business. Indian courts have taken a strict view that any restriction on an employee's freedom to seek employment after their contract ends will not be enforced.
Types of terms within a contract - Contract LawPatrick Aboku
The document discusses different types of terms within a contract:
1) Conditions - essential terms whose breach allows the injured party to rescind the contract or sue for damages.
2) Warranties - terms whose breach allows the injured party to sue for damages but not rescind the contract.
3) Innominate terms - terms whose importance is unclear until breach, at which point courts examine the nature and effect of the breach to determine if it amounts to a condition or warranty.
The document also discusses implied terms, which courts may import into a contract to give it efficacy or based on custom, statute, or prior dealings between the parties. Breach of an implied term would be treated as a breach of condition
Research Study on Contract Law: The equitable doctrine where brought to provide equity in cases which had a defect in consideration, at which it is unconscionable for a party to suffer the determent. The court has the power to practice judicial discretion in these circumstances, where seen there is unjust enrichment or unconscionable. However, it is mandatory for the applicant filing for equity to satisfy the conditions forming the equitable doctrine.
The predictability and certainty of these causes have lead to comprise the law, having it called “The dangerous doctrine”, as a person could preplan the events that will lead another person to be victimized by an estoppel. Rather having solid common law that sets the rules, equitable doctrine bend these rules and compromises the law.
This document outlines various statutory remedies available to company members where controllers misuse their power or breach duties, including remedies for oppressive, unfairly prejudicial, or unfairly discriminatory conduct. Section 181 of the Companies Act provides members the right to seek remedies from the court if a company's affairs are being conducted in an oppressive, unfairly prejudicial, or unfairly discriminatory manner, or if a company act is contrary to members' interests. The types of conduct that may qualify include diversion of corporate assets, inadequate dividend payments, disregard of members' interests, and controllers treating the company as their own.
1. The document discusses the key elements and principles of partnership law in Malaysia.
2. It outlines the definition of a partnership, elements required to form one, types of partners, and rules for determining if a partnership exists.
3. Key points covered include how sharing profits or assets alone does not create a partnership, the need for agreement and intention to carry on business together, and exceptions where receipt of profits does not make one a partner.
4. The summary also discusses an agent's authority to bind the partnership in dealings with outsiders, and cases that further explain partnership principles.
1. Sam Lee took out two life insurance policies worth RM30,000 each with ASIA Insurance, naming his father and foster mother as beneficiaries. He also took a RM500,000 policy with EURO Insurance, assigning it to his wife Jessie Koh and children. Sam Lee owned a BMW insured with MINI Insurance.
2. When Sam Lee's nephew Joe Lee, who had permission to drive the BMW, crashed it at high speed into a bus, Sam Lee died from injuries. Jessie Koh cannot claim from MINI Insurance as a passenger, and Sally Tan is entitled to the ASIA Insurance payout as the named beneficiary.
3. MINI Insurance paid out Sam Lee's claim
A non-compete clause is an agreement where an employee promises not to compete with their employer for a specified period after leaving the job. To be valid, the restrictions in a non-compete clause must be reasonable in terms of time, geographic scope, and line of business. Indian law generally considers restrictions on practicing a profession to be void, but exceptions are made if the restrictions protect an employer's legitimate business interests like trade secrets or goodwill.
Silpa operates a car service station where Zantax regularly sends his car to be washed. On January 1, 2000, Bungee, an employee of Silpa, drove Zantax's car after washing it to the designated address but could not find Zantax. On the return trip, Bungee crashed into a cyclist. Simply Good Insurers, Zantax's insurer, settled claims with the cyclist and Zantax. Simply Good Insurers is now seeking to sue Silpa and Bungee through subrogation.
The document discusses the Doctrine of Indoor Management, also known as Turquand's Rule. This doctrine protects third parties who transact with a company in good faith. It states that outsiders are not required to investigate a company's internal management processes and will not be affected by irregularities they were not aware of.
The doctrine originated from the 1856 case Royal British Bank v. Turquand, where the court held that a bank was entitled to assume proper authorization had been given for a loan, even if internal processes were not actually followed. The Companies Act also protects valid acts by directors despite defects in their appointments. There are some exceptions, such as when the outsider knows of irregularities or a
The document summarizes key provisions regarding valid partnerships and liability of partnerships according to the Partnership Act 1961 of Malaysia. It discusses the five elements required for a valid partnership under Section 3(1), exceptions under Section 4, and liability of partnerships to third parties under Sections 7, 11-13. In particular, it notes that under Sections 7 and 11-13, partnerships can be held jointly or severally liable for acts of individual partners carried out in the ordinary course of business.
Rescission for breach allows an innocent party to terminate a contract when the other party is in fundamental breach. It restores the parties to their pre-contract positions. A party exercises this option by clearly communicating their decision to rescind within a reasonable time of the breach. Once rescinded, neither party needs to fulfill outstanding obligations, and benefits received under the contract must be restored. The rescission option is only available for valid contracts and when the breach goes to the core of the agreement. Malaysian courts have upheld this right while also placing restrictions like requiring unambiguous notice of the decision to rescind.
CVT Bhd borrowed RM2 million from Bank ABS in October, secured by a fixed charge on its factory and a floating charge over another company's property. The floating charge prohibited further charges without authorization. In April, CVT borrowed RM1 million from Lender X, secured by a fixed charge on its debt book. The liquidator must now determine priority.
The floating charge likely did not crystallize as a fixed charge as Bank ABS did not provide notice. Between the fixed charges, Bank ABS' charge has priority as the first in time. Bank ABS' floating charge has priority over Lender X's later fixed charge due to the negative pledge clause, giving Bank ABS first claim to the assets.
The document discusses the legal status of pre-incorporation contracts under English common law and Malaysian company law. It provides an introduction and overview of key cases.
In English common law, pre-incorporation contracts are invalid and cannot be ratified by the company after incorporation. As such, outsiders who contract with promoters cannot enforce the contract or hold the company liable. Promoters are also not personally liable as a non-existent company cannot appoint agents. However, under Malaysian company law pre-incorporation contracts can be ratified, protecting outsiders and allowing them recourse against the company or promoters. The document analyzes several important cases to illustrate how these laws are applied.
This document provides an overview of security for performance in construction contracts, including different forms of security like bank guarantees, letters of credit, and performance bonds. It discusses key cases like Woodhall Limited v The Pipeline Authority that established the autonomy principle for bank guarantees, meaning they are payable on demand regardless of disputes between the parties. The document outlines exceptions to the autonomy principle such as fraud, statutory provisions, and express contractual exclusions. It also analyzes relevant clauses from the case Rejan Constructions Pty Ltd v Manningham Medical Centre Pty Ltd regarding when a party can have recourse to security or retention money.
Show Me My Money (Reisenfeld & Company v. The Network Group Inc..docxedmondpburgess27164
Show Me My Money (Reisenfeld & Company v. The Network Group Inc., p. 313)
Why does the court see this case as involving a quasi-contract as opposed to an actual contract? What other case law does the court rely on in finding precedent/support for compensating Reisenfeld? Does this decision appear to follow the golden rule guideline set forth in Chapter 2 (pp. 27 and 28)? Describe another example of an implied-in-fact or quasi-contract that you have experienced or is mentioned in the text.
Note: please read all the information correctly before you begin the assignment I have also copy and paste pages 27 and 28 that you would need to complete the assignment.
CASE
13-3
REISENFELD & CO. v. THE NETWORK GROUP, INC.;
BUILDERS SQUARE, INC.; KMART CORP. U.S. COURT OF APPEALS FOR THE SIXTH CIRCUIT 277 F.3d 856 U.S. App. (2002)
Network Group (“Network”) was contracted by BSI to assist in selling or subleasing closed Kmart stores in Ohio. A few years later, Network entered into a commission agreement with Reisenfeld, a real estate broker for Dick's Clothing and Sporting Goods (“Dicks”). Dicks then subleased two stores from BSI. According to executed assignment and assumption agreements signed in November of 1994, BSI was to pay a commission to Network. Network was then responsible, pursuant to the commission agreement with Reisenfeld, to pay a commission of $1 per square foot to Reisenfeld. There was no direct agreement made between BSI and Reisenfeld.
During this time, Network's sole shareholder was defrauding BSI. This shareholder was convicted of several criminal charges stemming from his fraudulent acts. Network was ordered by the district court to disgorge any commissions received from BSI, and BSI was relieved of any duty to pay additional commissions to Network. As such, Reisenfeld never received his commission related to the Dicks sublease.
Reisenfeld sued in state court for the $160,320 in commissions he had not been paid. In addition to suing Network, Reisenfeld also named BSI as a defendant. The suit alleged, among other things, that based on a theory of quasi-contracts, BSI was jointly and severally liable for the commission.
JUDGE BOOGS: . . .
A contract implied-in-law, or “quasi-contract,” is not a true contract, but instead a liability imposed by courts in order to prevent unjust enrichment. … Under Ohio law, there are three elements for a quasi-contract claim. There must be: (1) a benefit conferred by the plaintiff upon the defendant; (2) knowledge by the defendant of the benefit; and (3) retention of the benefit by the defendant under circumstances where it would be unjust to do so without payment. …
There is no disagreement as to the first two requirements. It is clear that Reisenfeld's work as broker benefited BSI and that BSI was aware of the work Reisenfeld was doing. The disagreement rests on the third requirement—whether it would be unjust for BSI to retain the benefit it received without paying Reisenfeld for it. … U.
The document discusses a case involving TAM's College hiring a marketing firm, NAMS, to promote the college. TAM's paid NAMS £1500 upfront but NAMS broke the contract terms by missing deadlines. TAM's is suing NAMS to get their money back. Additionally, a TAM's staff member was injured on the job for not wearing proper protective gear as required. TAM's is facing legal penalties due to vicarious liability policies. The document analyzes contract elements, types of contracts, negligence torts, and defenses against negligence in analyzing both legal situations.
A breach of contract occurs when one party fails to perform their obligations under the terms of a binding agreement. There are two types of breach - anticipatory and actual. Remedies for breach include suing for damages or compensation, an injunction, quantum meruit, rescission of the contract, or specific performance. Damages can be ordinary, special, exemplary, nominal, pre-fixed, or for deterioration. The landmark Hadley v. Baxendale case established that damages must have been foreseeable or naturally arise from the breach.
common business dispute legal claims by business lawyer David Steinfeld.pdfDavid Steinfeld, Esq.
The three distinct but broad categories of claims that are commonly brought in business disputes in Florida are those grounded in contracts, those based on torts, and those provided by statute. Contract claims may be predicated on a written or oral agreement or a contract implied by law. Torts are claims based on negligence or intentional bad acts. Statutory claims are those where a specific statute defines the claim and the relief.
Lawsuits are not the only forum within which businesses can address their disputes. Businesses also have arbitration and direct resolution methods including mediation in addition to the court system. Therefore it is more appropriate to define these claims within the context of the more inclusive concept of business disputes as opposed to limiting them to just lawsuits.
Aspects of contract and negligence for businessNovoraj Roy
Law identified with business can be finished up as all the law which applies to the rights,
relations and behavior of people and organizations occupied with trade, marketing, exchange,
and deals. This report calls attention to the Essential Elements required for the Formation of a
contract, the distinctive sorts of agreements and their effects.
11262014 The Legal Environment of Business, Ch. 6 - Learning.docxhyacinthshackley2629
11/26/2014 The Legal Environment of Business, Ch. 6 - Learning Activity - Week3 - LAW/421 - eCampus
https://newclassroom3.phoenix.edu/Classroom/ToolContainer.jsp?context=co&contextId=OSIRIS:44425562&activityId=96f01290-3b42-490d-be28-e6f95540138d… 1/24
Overview and Formation of Contracts
Learning Outcomes Checklist
After studying this chapter, students who have mastered the material will be able to:
Distinguish between contracts based on categories and apply the correct source of law to specific contracts.
Explain the concept of mutual assent by defining the legal requirement of agreement.
Identify and explain the other requirements for the formation of a valid contract.
List the events that terminate the power of acceptance and distinguish between termination through action of the parties versus
operation of law.
Apply the mailbox rule to resolve a question of when acceptance is effective.
Articulate the legal requirement of consideration and identify which contracts do not require consideration.
Give examples of circumstances where the legal requirements of capacity or legality are at issue.
Explain the concept of enforceability and geniune assent.
Categorize what contracts must be in writing to be enforceable and explain the minimum required terms that satisfy the law.
The law of contracts is one of the most common and important areas of the law that business owners and managers deal with on a dayto
day basis. Everyone working in a business environment will, in one form or another, deal with contracts throughout their career.
Employment contracts, leases, and agreements of sale for assets or land or merchandise are just a few examples of contracts commonly
used in business transactions. The simple act of purchasing office supplies from a local merchant is a form of agreement governed by
contract law.
Formation and legal enforcement of agreements have been recognized since ancient times. As early as 1780 BC, contracts were being
enforced by the Babylonians by virtue of the authority of the Code of Hammurabi. During much of the rule of the Roman Empire, the
Justinian Code included the rule pacta sunt servanda (agreements shall be kept). Many legal scholars, notably Dean Roscoe Pound, have
written extensively on the importance of society recognizing legally enforceable promises and providing remedies for those who suffered
losses. Consider the consequences of failing to provide for legal enforceability of a promise and its impact on the very fabric of civilized
societies.
Since business owners and managers are often involved in daytoday oversight of various agreements and transactions, understanding
contract law reduces risk by limiting liability through the recognition of potential legal issues, crafting an appropriate response, and
implementing a system to ensure compliance. Contract law is also essential to structuring business transactions in strategic ways to
achieve business objectives without excessive risk.
In this.
This document discusses various aspects of contracts and negligence. It begins by outlining the essential elements required for a valid contract, including offer and acceptance, intention to create legal relations, consideration, and free consent. It then examines different types of contracts and terms that may be included. Several business scenarios are analyzed to demonstrate how contracts may or may not be formed based on the presence of essential elements. The document also explores the differences between contractual liability and tort liability, as well as the nature of liability in negligence cases. Vicarious liability is briefly discussed. Overall, the document provides a comprehensive overview of key legal concepts relating to contracts and negligence.
What Lies Beneath: The Franchisee Perspective on Franchise Claims Beyond the ...Carmen Caruso
This document discusses potential claims a franchisee may bring against a franchisor beyond what is stated in the written franchise agreement. It recommends attorneys thoroughly review the written agreement, consider all reasons for the franchisor's conduct, examine potential statutory claims, and explore common law contract and tort claims. The document also analyzes how franchise agreements often aim to limit franchisor duties and liability, and discusses how franchisees have relied on the implied covenant of good faith and fair dealing for protection against abusive franchisor conduct.
#How to Terminate a contract# By SN panigrahi,
1. Termination By Notification,
2. Termination Due to Impossibility of Performance,
3. Termination Due to Frustration of Purpose,
4. Termination Due to Breach of Contract,
5. Termination By Convenience or Mutual Agreement,
6. Termination for Instances of Mistake, Fraud, or Misrepresentation
The document discusses various aspects of contract law in India including what constitutes a valid contract, void contract, and voidable contract. It provides examples and definitions for each contract type. It also discusses topics like burden of proof, unenforceable contracts, and securitization of infrastructure assets. Securitization involves pooling contractual debt obligations and selling them as securities. This allows originators to offload assets and access alternative financing while investors get matched risk-return investments. Infrastructure asset securitization could help Indian banks meet capital requirements and improve project financing.
Wendi Dodson Houston - While Procurement and contract managers are not expected to be legal experts, it is very difficult to manage a contract well without a basic understanding of the elements to a contract and the meaning of significant terms.
Sample on Contract: Contract is a legal agreement between two or more competent parties to do or not to do a particular thing. It creates contractual obligations for parties to perform. Tort law is a part of law which is established for act of negligence (Clarkson and et.al., 2010).
This material is for PGPSE / CSE students of AFTERSCHOOOL. PGPSE / CSE are free online programme - open for all - free for all - to promote entrepreneurship and social entrepreneurship PGPSE is for those who want to transform the world. It is different from MBA, BBA, CFA, CA,CS,ICWA and other traditional programmes. It is based on self certification and based on self learning and guidance by mentors. It is for those who want to be entrepreneurs and social changers. Let us work together. Our basic idea is that KNOWLEDGE IS FREE & AND SHARE IT WITH THE WORLD
This document discusses remedies for breach of contract. It defines breach of contract as the failure to perform contractual obligations. There are several remedies for breach, including rescission of the contract, suits for damages, quantum meruit, specific performance, and injunction. Suits for damages award monetary compensation to put the injured party in the position they would have been in had the contract been performed. Specific performance orders the breaching party to fulfill their contractual obligations. Injunction restrains a party from breaching a negative contractual term.
Commercial law governs business transactions and provides rules that merchants must follow. It includes areas like contracts, company law, sales, and banking. Commercial law must be flexible to adapt to changes in business and globalization, while also providing certainty. The foundation of commercial law is contract formation, which allows parties to enter transactions with assurance agreements will be enforced. For a valid contract, there must be an offer, acceptance of that offer, and consideration or benefit exchanged between the parties. Commercial law covers legal issues that arise before a lawsuit is filed.
This document discusses the legal aspects of business related to agency contracts and analyzes different types of agencies and their contract laws. It provides background on the Watteau vs. Fenwick case from 1890s England where a supplier sued an organization for unpaid debts incurred by their agent. The agent was instructed not to make purchases on credit but did so anyway. The document outlines the agent's rights including right of retainer, stoppage in transit, claiming remuneration, and indemnity. It also discusses the authority of agents, distinguishing between express actual authority and implied actual authority based on the case details.
Assignment help for Aspect of Contact and Negligence for Business, visit: https://academiapapers.net/, thousands of Academic assignments, essays and homeworks has been published there, So don't miss those
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2. 1
Table of Contents
Introduction:...............................................................................................................................3
Explain Business Contract:........................................................................................................3
a. Parties .................................................................................................................................3
b. Promise to Perform.............................................................................................................3
c. Terms and conditions .........................................................................................................3
d. Competent Parties ..............................................................................................................3
e. Legal Purpose .....................................................................................................................4
Explain Business Torts ..............................................................................................................4
CASE 1 ......................................................................................................................................4
Identifying and Analysing Each Legal Issues to The Relevant Law:........................................4
Conclusion and Advice:.............................................................................................................7
a. Advice to Mr. Badar...........................................................................................................7
b. Advice to Mr. Yosuf...........................................................................................................7
CASE 2: .....................................................................................................................................7
Identifying and Analysing Each Legal Issues to The Relevant Law:........................................7
Advice and Conclusion:...........................................................................................................11
a. Advice to The Ministry of Sports.....................................................................................11
b. Mabela Builders ...............................................................................................................11
c. Seeb Sitting Company......................................................................................................11
d. Mr. Abdullah....................................................................................................................11
Conclusion: ..............................................................................................................................12
4. 3
Introduction:
Explain Business Contract:
A business contract is a legitimate understanding amongst one party and another party, and
might be utilized as a part of circumstances where administrations are rendered for a charge
or particular obligations are required to be performed. To be legitimately substantial, an
agreement must contain a few key components. The key components of a business contract
are:
a. Parties – To establish a business contract, the individual or a group of people who are
associated with the agreement in the contract referred to as a party. These incorporate
individual's name or diverse business elements.
b. Promise to Perform – Each party must promise to maintain its particular legitimate and
significant parts of the agreement. The agreement determines what each gathering will give.
A formal record laying out the offer or offers is lawfully authoritative, and it secures the two
parties with respect to all points of interest composed into the agreement.
c. Terms and conditions – The terms and conditions of a business contract indicate the
rights and commitments of each party (Hesselink, 2015). The nature of the product or
administration going to be rendered as well as be detailed in the business contract. This
incorporates accessibility of administrations or products, particular solicitations, and so forth.
d. Competent Parties – An agreement can be made invalid on the off chance that it is
demonstrated that both of the parties is rationally precarious in nature amid the time when the
agreement is made. An agreement can likewise be made void if any of the people of the
agreement is under the impact of liquor, sedate and so forth.
5. 4
e. Legal Purpose – A business contract must have a legitimate reason keeping in mind the
end goal to view the agreement as substantial. For a composed contract to be legitimately
official, the two parties must sign the contract paper.
The regular motivation behind making a business contract is fundamental for settling asset
cost, to confine the commitments, give a specialist knowledge, and to incorporate and uphold
the non-skilful agreement. At the point when a business goes into an agreement with some
other party or individual it is regularly identified with its long haul development limit,
advancement, and productivity.
Explain Business Torts
Business torts are civil wrongs that are conferred by or against an association. They much of
the time include hurt done to the association's immaterial resources, for example, its business
associations with customers or its protected innovation. Some regular classes of business torts
incorporate misrepresentation, break of fiduciary obligation, and out of line rivalry. In the
view of Levine et al. (2012), organizations that are economically harmed through the
purposeful or careless demonstration of another business or individual may look for financial
harms in civil court, albeit once in a while courts will issue directives requesting the
respondent to stop certain unlawful exercises.
CASE 1
Identifying and Analysing Each Legal Issues to The Relevant Law:
It is discovered in the given case that Mr. Badar who is an expert vocalist makes a
concurrence with Mr. Yosuf who is the director of the musical show house to perform for
three days in Mr. Yosuf's marriage work as the initial tenor. Mr. Badar likewise concurred
that he will go to the practices no less than five days before the initiation of the program. In
this procedure, Mr. Badar suddenly fell sick and was not able go to the practices. He touched
6. 5
base at the occasion two days preceding the festival and was prepared to perform. In any
case, this activity of Mr. Badar made Mr. Yosuf think about that Mr. Badar has made a
rupture of agreement and Mr.Yosuf ended the agreement with him. Presently the inquiry is
going to happen to justify the end of the agreement made by Mr. Yosuf is lawfully right or
not. With a specific end goal to break down the above case and influence suggestions we
need to allude to the laws identified with exchanged harms and punishment provisos which
are applicable in Oman.
The sold harm is alluded to as the harm the measure of which the parties assign amid the
making of the agreement for the suffered party to gather the remuneration identified with the
particular break. The case talked about above is a case of sold harm as Mr. Badar has arrived
late in the festival.
The major legitimate issue identified with this case is the end of the contract and the rupture
of agreement. Considering the locale of the precedent-based law, there is a strict refinement
between the provisions of the exchanged harms condition and punishment proviso. Under the
purview of precedent-based law, the punishment statements wind up void and are
unenforceable (https://omanlawblog.curtis.com, 2018). In spite of the fact that, if guarantees
made to pay a stipulated sum if there should arise an occurrence of break of agreement will
be legitimate in the event that they recognize the evaluated estimation of the genuine harm. In
the expert of the civil court, there is no formal contrast between the exchanged harms
provisos and the punishment statements. In Oman, the country takes after the locale of
numerous other civil court ward. The civil court of Oman is directly not starting any formal
refinement between statements of sold harms and the provisos of punishment. The courts in
Oman make utilization of these two terms reciprocally. Starting at now, the Oman court
rehearses and receives the law that any type of agreement or contract is a law that is
administering all the individual or gatherings identified with the agreement or contract. The
7. 6
Oman court likewise takes after the ward that every one of the terms and conditions of a
specific contract ought to be taken after and must be connected to as said in the agreement or
contract paper. On the off chance that there is any event of the rupture of agreement bringing
about the immediate and predictable misfortune which implies that the misfortune has
occurred as a characteristic aftereffect of non-execution or in execution delay, and the
bothered party cannot satisfy the misfortunes and there no odds of doing execution and that a
causal connection is characterized between the break and misfortune the harmed gathering
will get pay from the other party. On the off chance that the commitment said under the
agreement is identified with money related terms, at that point the pay paid will subject to the
predetermined sum specified.
In the above-talked about case, Mr. Badar has not taken after every one of the standards and
directions of the agreement. As indicated by the agreement, he should have arrived five days
before the beginning of the marriage function to join the practice for the performance. In any
case, he didn't take after that. Rather, he said he was sick and came two days before the
function and was prepared to perform. Presently, he did not educate about his ailment
previously and when he arrived he was good to go to perform. Additionally, he was executed
as the initial tenor in the festival which is a vital position and requires earlier practices so as
to be flawless upon the arrival of performance. Subsequently as per the laws identified with
the sold provisions in Oman, there was a break of contact from the piece of Mr. Badar and
Mr. Yosuf was the oppressed party who has brought about some immediate misfortunes. A
causal connection between the break and the harmed party that is Mr. Yosuk for this
situation. Besides, Mr. Yosuf considering this as the rupture of the agreement ended the
contract which he made with Mr. Badar. The end of the agreement will be substantial and
legitimate just in the event that it was said in the provisos of the agreement that any rupture in
the contract from any side will bring about direct end of the agreement between both the
8. 7
parties. Along these lines, for this situation, it might be lawful for Mr. Yosuf to scratch off
the agreement on the off chance that it said in the statement.
Conclusion and Advice:
a. Advice to Mr. Badar: In this case, not every one of the terms and condition of the
agreement which was made amongst Mr. Badar and Mr. Yosuf was followed by Mr. Badar.
As the law of Oman states that the principles and controls of the agreement or contract made
between the parties must be entirely followed and that any viciousness or carelessness from
any of the party will prompt a rupture of agreement and the harmed party get remuneration
from the charged party. As by coming late to the function, Mr. badar has breached the
agreement with Mr. Yosuf , Mr. Badar needs to pay the compensation to Mr. Yosuf
appropriately what is specified in the statements of the agreement.
b. Advice to Mr. Yosuf: The terms and conditions of the contract as specified should be
followed also by Mr. Yosuf as well. In the event that the agreement is breached from any
party can bring about the end of the agreement then Mr. Yosuf can end the agreement. In any
case, on the off chance that it is not said in the Clauses and some other method of punishment
is specified for exchanged harms bringing about the rupture of agreement then Mr. Yosuf
need to take after that request. On the off chance that he does not take after that then he may
confront lawful issues.
CASE 2:
Identifying and Analysing Each Legal Issues to The Relevant Law:
As per the given case study, it can be identified the Ministry of Oman sports department is
interest to commence a horse racing events in Muscat. In this regards, the scheduled date of
the events has been decided to fix on 10th, 11th, and 12th September 2018. As the horse racing
event is most lucrative to attract the audience, therefor, to manage the crows the Ministry of
9. 8
Sports has decided to reconstruct the seating arrangements and build a new car parking
ground. According to the plan the government department gave a contract to the Mabela
Builders for finish the job within 8th September 2018. In this regards, the Sports Ministry paid
RO 6000,000 to the Mabela Builders at the time of contract and rest amount RO 6000,000 is
paybale after finishing the project. However, in order to reconstruct the seat, the government
department of Sport selected the Seeb Sitting company to change the seats before 8th
September 2018. After evaluating the estimate time and nature of work, the company has
made a deal of RO 3000,000 with the Ministry of Sports.
However, as the case study depicts, the company Seeb Sitting did not perform required and
proper work within the scheduled time. It is clear from the case study that there were many
seats which have not fitted properly and the company claimed the full payment of RO
300,000 from Ministry of Sports. During the time of insoection of the seats, on eof the
auditor named Mr. Abdullah from sports department got severly injured from the newly
constructed seat. While taking to the Royal Hospoital, the doctor said Mr. Abdullah has got
spinal dis-alignment from the accidental case of slipped down from the newly constructed
seat in the race ground. On the other hand, due to heavily rainfall dated on 2nd, 3rd, 4th
September, 2018 in Muscat, the underwork area of car parking was mostly washed away. In
addition, due to the reason of haevy waterlogging the undersonstruction area of car parking
was entirely drwoned. The situation portrays that a complete new start and supplementary
developemnt process are required over there as the construction site is completey destroyed
for this heavy rainfall. When the situation went wrong, Mabela Builders calimed the balance
costing of RO 100,000 from the Ministry of Sports. Adding to this the Mabela Builders
claimed for some extra money also as the labour cost was so higher and the total expenditure
for developing the car parking area in Muscat was RO 800,000. Thus, the managemnt of the
Mabela Builders desired to take the money from the Ministry of Sports.
10. 9
After evaluating the entire scenario, it is clear that the enture case now can be evaluated
under the consideration of Construction contracts law and the laws of Decennial liability for
Contractors and Architects in Oman. The case study clearly describes the strong case of
corpoarte offence both from the Mabela Builders and Seeb Sitting Company to the Oman
Ministry of Sports. It has been viewed that the foremost legal dispute in this chosn context
can be the extra charge demanded by the Mabela Builders and a huge project carelessness
made by the Seeb Sitting Company. In addition, the another legal case which can be inposed
on Seeb Sitting Company is the accidental damage of spinal dis-alignment of Mr. Abdullah,
an inspector from the Ministry of Sports department.
Considering the case of Mabela Builders and as per the norms of Construction contracts law,
in Oman, it is essential to analyse the total cost price and work volume before making a
contract. During the progression of the work if it is found that the costing of raw materials
and the other essential expenditures is incaresing in a substantial way, then the contractor
requires to notofy about this to the main proprietor (https://omanlawblog.curtis.com, 2018). It
has been stated in the law that if the conrtactor did not inform the employer about the
exceeding price of raw materials and essential commodities, then the main employer of the
prject is not liable to py the extar cost after finsihing the project. As per the rules sttaed in
civil code, in the event that the abundance required to be performed in doing the plan is
considerable, the business may pull back from the agreement and suspend the execution. But
it is clearly mentioned that the proprietors must pay the contractor as per the estimation of the
work which has been completed. It is also mentioned in the Construction contracts law, that
if the agreement is made depending on a concurred design in light of a single amount
installment, the contractual worker may not request any expansion over the singular amount
as may emerge out of the execution of such plan (https://omanlawblog.curtis.com, 2018). On
the other hand, if any change of expansion is made to the plan with the assent of the business,
11. 10
the current concurrence with the contractual worker must be seen regarding such
modification. Accordingb to civil court of Oman, if there is an occurrence of the issue in unit
cost, there are two conditions identified with the conceivable increment of the unit value
structure. The conditions say that the expanded cost has to be found during the work
progression and told instantly to the business. The absence of notice on an earlier premise
would be lead towards the immediate adversity for the contractor. Furthermore, O'Reilly
(2014) addressed that as the Oman court has embraced a more extensive approach towards
the significance of the "sanction of propertier", there can not be any increment in the total
expenditure from the contractual worker. An expansion must be made with the propertier’s
concent in the case of second concern which depends on the installment of singular amount
sum from the propertier side.
As per the case study, Mabela Builders has already received a amount of RO 6000,000 from
the Ministry of Sports and it was deal that the rest amount of RO 1000,000 would be paid
after completing the total project. As it was nit in the contract, thus, the comoany can not
make any demand of extra money due to expericing high labour cost during the time of work.
Morover, the natual disaster in Muscat has destroyed the total development structure made by
Mabela Builders. Therefore, considering the entire context, the Ministry of Sports is not
liable to pay any kind of extra money to the contractor company by breaking the contract law.
In the case of Seeb Sitting Company, due to the high negligence in work Mr. Abdullah, the
auditor from Ministry of Sports got injured severely by slipping down from the properly not
fiited seat. The accident was happened from the newly constructed stand during the time of
inspection duty. Therefore, considering the law of Decennial liability for Contractors and
Architects in Oman, Seeb Sitting Company is entirely responsible for this damaged work and
require to provide further warranty to the work. In addition, Seeb Sitting Company is also
12. 11
responsible to offer life insurance coverage to Mr. Abdullah for getting serious injured in
spinal cord.
Advice and Conclusion:
a. Advice to The Ministry of Sports – The Ministry of Sports must pay the balance amount
of RO 1000,000 to the Mabela Builders for the development, however, it has been destroyed
due to the heavy rainfall and flood. Thus, as per the contract the Minnistry of Sports are
accountable to pay the rest amount but not the extra demanded amount claimed by Mabela
Builder due to hike in labour charge. Furthermore, the Minnistry of Sports only release the
payment of Seeb Sitting Company when the company would finish the work by giving at
least next ten years guarntee.
b. Mabela Builders – The Mabela Builder cannot claim any extra amount now as it was not
in the initial contract and the contractor management did not take the consent of chief
employer while proceeding with the high cost labour charge. Therefore, the Mabela Builder
only receive the balance amount of RO 1000,000 as decided in the intual contract.
c. SeebSitting Company – The Seeb Sitting Company has to fix the work issue initially due
to mismanagement and lack of negligence. The company is also abide the rules of Decennial
liability for Contractors and Architects as the seat were not properly fitted and an accident
has happened with Mr. Abdullah. Therefore, before cliaming any payment, this company
needs make a proper seating replacement in the stand and for giving the safety measure it
should provide a 10 years’ work assurance to the Ministry of Sports. Moreover, the Seeb
Sitting Company has to be pay an insurance coverage to Mr. Abdullah as the accident has
happened for the negligence of work.
d. Mr. Abdullah – It is suggested that Mr. Abdullah should claim an immediate treatment
coverage from the Seeb Sitting for the negligence of work which resulting a severe spinal dis-
13. 12
alignment problem to Mr. Abdullah. Moreover, being an auditor of the Ministry of Sports Mr.
Abdullah can also charge for compensation for own department and next 10 years work
safety and assurance.
Conclusion:
After analysing the current study, a strong and concise picture of Oman laws, rules and
regulations have become clear. A flawless understanding has developed in regards to
Construction Contracts in Oman and its effectiveness becomes clear to preserve the social
and commercial value of Oman.
14. 13
References:
Hesselink, M. (2015). Democratic contract law. Oman Review Of Contract Law, 11(2).
http://dx.doi.org/10.1515/ercl-2015-0006
Levine, M., Gloyn, W., & Robinson, R. (2012). Construction insurance. Construction Law
Handbook, 2008(9), 201-226. http://dx.doi.org/10.1680/clh.2008.2008.9.201
Mallet-Prevost, C. (2018). Decennial Liability for Contractors and Architects in Oman.
Omanlawblog.curtis.com. Retrieved 27 April 2018, from
https://omanlawblog.curtis.com/2017/11/decennial-liability-for-contractors-
and.html?m=1
Mallet-Prevost, C. (2018). Liquidated Damages vs Penalty Clauses in Oman.
Omanlawblog.curtis.com. Retrieved 27 April 2018, from
https://omanlawblog.curtis.com/2016/06/liquidated-damages-vs-penalty-
clauses.html?m=1
Mallet-Prevost, C. (2018). Understanding Construction Contracts in Oman: An Employer's
Perspective. Omanlawblog.curtis.com. Retrieved 27 April 2018, from
https://omanlawblog.curtis.com/2017/07/understanding-construction-contracts-
in.html?m=1
O'Reilly, M. (2014). Chapter 1.6: The construction contract. Construction Law Handbook,
2009(1), 177-200. http://dx.doi.org/10.1680/clh.2009.2009.1.177