Description

Question 1

Clinton Public Company Limited placed an advertisement on their web page as follows;             “Anyone interested in going to the moon? We can provide this service to you at a cost of

Five million dollars.  Call 800-MOON and book your flight.”

Donald’s dream since he was a kid is be the first in his family to go to the moon.  He heard about the advertisement, via a friend and immediately logged on to Clinton’s web page for further details.  Donald immediately thereafter called 800-MOON and booked his trip for December 22nd 2020, because he wanted to spend Christmas on the moon.

Donald’s wife Daisy subsequently discovered what her husband planned to pursue for the Christmas holidays and is furious. She was hoping that he should use his available monies to buy her a brand new Lamborghini. She confronted him on the issue and after a few hours of arguments, he agreed to buy her the Lamborghini and forsake his much-anticipated trip to the moon.

Donald called Clinton Public Company Limited and informed them that he no longer desired to go to the moon because of unforeseen circumstances.  Clinton’s Customer Service Representative informed him that he had an agreement with them, because he accepted their offer when he called and booked his flight.

Donald is confused and is seeking your legal advice on this matter.                         (35 marks)

Question 2

George Company Limited (GCL) is desirous of purchasing ventilator machines to enhance its operations of its employee’s medical service company, due to the increase of the Covid 19 related illnesses in Trinidad.  The Operation Manager of GCL has located an ideal ventilator machine in China from Wuhan Machine Services Limited (WMSL).  GCL has dealt with WMSL over the last 10 years on several business matters, but never with respect to ventilator machines.

Mr. Noitall from GCL, developed specifications of the ventilator which they required and emailed it to WMSL. WMSL submitted an offer to  GCL which consist amongst other information the following,” the ventilator  will be  of the same type submitted to other companies in Trinidad and Tobago” It also included information on price, freight on Board etc.

GCL accepted WMSL’s offer via official letter dated the 3rd March 2020.

Mr. Noitall on a subsequent visit to Jetson Incorporated saw that they had the same ventilators that GCL ordered from WMSL and requested from Jetson’s management to take a closer observation at its engineering capabilities. However, to his amazement, it was of a very poor standard and he subsequently reported that fact, to his executive management.  GCL immediately decided via email to inform WMSL that they are no longer interested in purchasing the ventilator machines.

WMSL responded shortly thereafter to GCL’s email and advised GCL that they had a valid agreement with WMSL and they will treat any decision by GCL not to proceed with the transaction as a breach of contract.

Kindly advise GCL whether or not they can avoid this agreement.                          (35 marks)

Question 3

The Paria Oil Company is seeking police protection for the duration of industrial turmoil at its Head Office, due to layoff caused by the Covid 19.  During discussions with the Police to deal with the turbulence, the Police suggested that a mobile patrol would be adequate because the disorder was largely contained.  However, the CEO of Paria insisted on permanent police presence. The CEO then offered to compensate the Police, if they agreed on a permanent on site presence during the turmoil.

The Police thereafter indicated that they will provide 10 officers at a rate of $5000 per day, which they will maintain during the entire strike period. A few weeks after the strike was over, the Commissioner of Police, sent an invoice to Paria Oil Company for the cost of protection for two months.  However, Paria Oil refused to compensate, and argued that the Police have a duty under law to protect the company from any pending violence and lawlessness.

The Commissioner of Police has sought your advice on the matter. Can you please advise him?