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?
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