Question: 1) given how fast things can change in a crisis situation, is it a waste of time to develop plans in advance? Why or why
1) given how fast things can change in a crisis situation, is it a waste of time to develop plans in advance? Why or why not?
2) Johnny has an agreement with Vegan Lifestyle Ltd according to which Johnny will be the exclusive seller in his town of the spicy tofu chickens that they manufacture. A clause in the agreement provides that during the term of the agreement and for a period of two years after termination of the agreement, Johnny is not permitted to manufacture or distribute tofu products anywhere in Australia. Johnny decides to sell in his restaurant a new dish made from tofu. Can Vegan Lifestyle Ltd enforce the term in the agreement and prevent Johnny from selling the new dish? explain as a) issue b) law c) application d) conclusion
3) Johnny arranges for his new pizza oven to be installed in his restaurant by Gary. According to the terms of their agreement, Gary is to install the oven on 20 February. He, in fact, installs the oven one week later on 27 February. As a result of Garys breach, Johnnys planned launch of a new range of vegan pizzas is delayed by a week. The advertising flyers he had printed for the launch have to be thrown away and a new set of flyers printed. Also during that week, he had to explain to a number of disappointed customers that the pizzas were not yet available. And because Johnny had to close the restaurant on the 27th instead of the 20th (to allow Gary to install the oven properly) he had to cancel an extremely lucrative private function booked by the Vegan Food Appreciation Society, who then decided to go to a different restaurant. If Johnny sues Gary for breach of contract, how will Johnnys damages be calculated? explain as a) issue b) law c) application d) conclusion
multiple choice
4) A person who has signed a written contract is bound by the terms of that contract and cannot avoid liability even if: (a) they did not read the contract. (b) the contract contains a cooling off period. (c) they can rely upon non est factum. (d) they were led to believe that the document was not contractual in nature.
5) Which of the following type of misrepresentation typically allows for a party to terminate the contract but NOT seek damages? (a) Fraudulent misrepresentation. (b) Innocent misrepresentation. (c) Negligent misrepresentation. (d) All of the above.
6) Courts generally prefer to enforce rather than void contracts and will be willing to imply a term into a contract if: (a) it is reasonable and fair to do so. (b) it is necessary to make the contract viable. (c) it is so obvious that it goes without saying. (d) it is able to be clearly expressed and consistent with the express terms. (e) all of the above.
The first 3 questions in detail please & thank you!
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