Business Law
Contributory negligence describes the conduct that usually creates individual risks that are not reasonable (Magnus &Martin-Casals, 2004). That is such individuals are obligated to act reasonably as a person. Therefore, when a person fails to act in such a manner and injury occurs, then such a person may be held partially or fully responsible for the injury even if another person was part of the accident. For example, a driver knocking down a pedestrian who was crossing the road blindly without checking the traffic or any crossing sign. In this case, the pedestrian will partially responsible and is liable for contributory negligence because of carelessness while crossing the road.
Comparative negligence
It is the approach of contributory negligence whereby the negligence of each party is weighed for any given injury caused by the determination of damages. That is the damages of a plaintiff are summed and later reduced to show the contribution of his or her injury caused. For instance, if $ 5,000 was given and according to the judge, the plaintiff was liable at 25% for the injury, then he or she should be awarded $ 3750.
(B) The anticipatory breach occurs when one party has or expresses an intention of performing their contractual duties (Liu, 2011). Similarly, such parties may perform their duties in a way that is not consistent with the original terms of the contract. Therefore, there will be numerous options available to the innocent parties.
Force majeure
It is the forceful occurrence of an event or an occurrence of the unavoidable accident (Brunner, 2009). Therefore, it sets both parties involved in the contract free from the liability, especially there is an occurrence of an extraordinary event that is beyond the control of human beings. Examples are war, riots, strikes, criminal activities or any other events that occur as a result of the act of God like floods, volcanic eruptions, and earthquakes. Consequently, such acts will limit both parties from performing their duties under the contract. However, the clauses of Force majeure dot not provide any excuse to the parties in the contract for non-performing, but it will only provide for a suspension for its duration.
(C) The additional managerial qualities are clear and consistent communication skills, integration of individual thinking, and effective management of human resource.
(D) According to the case of premise liability, the trespasser is one who enters into the property of another person without seeking permission from the owner of the property. On the other hand, a tenant is considered to be an adult who has appended his or her signature for some rental agreements with the owner of the property for the purpose of renting it. Therefore, the tenant will have legal relations with the property owner. The agreement between the landlord and the tenants is a good example.
An invitee is someone who occupies the property of another person simply because he or she is invited by the owner of the property. Therefore, an invitee should occupy the property for the purpose of conducting the business or because the property belongs to the public. According to the law of tort in the U.S, a licensee is the person who occupies the property of another person because he or she has been permitted to enter. An example is a social guest in the residential area.
E1. There is a contract that exists between HGI and the Hotel through Mr. Jones, the sales agent of the HGI because Jones had been contracted by HGI and should sell the products of the company to third parties and this is explained well by the contract of sale.
E2.There is a contract that exists between ABC and HGI because a contract can either be in writing, by word of mouth or may be implied from the conduct of the parties and this is the case between HGI and ABC as the law of lease providers.
E3.The express warranties are parts of the sales contract. Therefore, there is a contract between Jones and the Hotel since Jones in the sales agent entitled to sell HGI products to any other party known to himself.
E4.There is a contract between Jones and ABC because ABC is contracted to by HGI to produce its products. Therefore, Jones must deal with HGI as an implied warrantor. The legality of the matter is that implied warranty is imposed by the law of sale, and the seller may not adhere to explicit promises.
E5. According to UCC- 316(1), the UCC is in play, especially when there is a conflict between the express and disclaimer warranties and the agreements presented in the case study, there is no express warranty, so the problem does not arise. UCC applies to all contracts in the case provided because it classifies all remedies of the buyer in conception on the basis whether the buyer revoked the acceptance of the products.
E6.Bob Jones breached the contract by ordering goods for the Hotel without the brand names of HGI. Therefore, the legality of the case will imply that all warranties in a blanket disclaimer will remain ineffective, but the express warranty will remain unchanged under UCC 2- 316. The immediate remedy is that the seller will be held accountable for enumerating individual contracts without including integration clauses. Section 2-313 (2) of the UCC states that there should be no formal words required for an express warranty to arise. However, the creation of an express warranty may be through description, sample or model of the goods.
E7. The express warranty was breached in this case by Bob Jones because he failed to fulfil the terms of sales promises by not stamping the words Casino Royale. Therefore, the law makes an assumption that the seller gave out some warranties regarding the products that were to be sold, and Bob Jones has to stand behind the assertions. According to the requirement of the Uniform Commercial Code (UCC), Bob Jones breached the express warranty because the goods failed to conform to the affirmation of the facts in the description.
E8. Between HGI and ABC, HGI should assert all the provisions that were adding to the legality of the contract by including the obligations of ABC and the terms and conditions. On the other hand, HGI should have included the liability of Bob Jones in the contract so that in an event of any breach, he is held liable. Lastly, in the quotation forms to its sales team, HGI should include terms of payment, performance, and their liabilities.
References
Brunner, C. (2009). Force Majeure and Hardship under General Contract Principles: Exemption for Non-performance in International Arbitration. Kluwer Law International.
Liu, Q. (2011). Anticipatory Breach. Hart Pub.
Magnus, U., & Martin-Casals, M. (2004). Unification of Tort Law: Contributory Negligence. Kluwer Law International.
