Write an individual assignment of up to 3,000 words by answering the following Short cases:
Instruction: You have to answer all two cases below:
Case 1: Contract Between Taha and Abdulaziz
A contract was made between Abdulaziz and Taha. Abdulaziz is obliged to deliver 1000 kilograms of imported fresh meat from New Zealand to Taha's meat shop. One day, the Ministry of Health of Oman announces that all imported fresh meats are banned due to the outbreak of foot and mouth disease abroad until further notice. Taha believed that based on the law of contract of Sale of Goods, Abdulaziz is committed for breach of contract. What advise can you give to Taha?
Given the above case problem, answer all the following questions:
1. Understand the facts in the case problem and identify the legal issues involved in the case.
2. Analyse each issue in relation to the relevant rules or laws. Support your answers with relevant laws and regulations in Oman.
3. Draw your conclusion and give your advice to both Taha and Abdulaziz.
Case 2: Abdullah Trip Business
Abdullah owns a one-man business organising guided outward-bound trips in Muscat. A trip will involve hiking and foraging. Abdullah's trips are offered during winter or good weather conditions.
Charima booked a day trip with Abdullah for herself and Dawood, her twin brother, as a joint-birthday celebration. The trip was scheduled for late January.
Charima had learnt about Abdullah's trips through his website, which included a link to the business's terms and conditions Charima made her booking over the telephone and, in due course, she received a confirmation in the post. On the back of the confirmation letter was an extract from Abdullah's terms and conditions stating:
Customers participate in Abdullah's holidays at their own risk. Abdullah excludes any liability, whether caused by breach of express or implied term, for loss suffered by customers on one of Abdullah's holidays.
On the day of Charima and Dawood's trip, Abdullah misreads his map, which meant that by dusk the group was miles off. course. To correct his mistake, Abdullah decided to take a short-cut to get the group back on track. The particular short-cut Abdullah chose was through the Muscat terrain which was well known to be treacherous and which a competent guide would avoid during the winter months.
Whilst the group were on the short-cut, they were caught up in a land-slide. In the incident, both twins were badly bruised and their expensive hiking equipment was destroyed. They eventually made their way to a nearby village in Sohar several miles from their intended destination where Abdullah told the twins that the trip would have to be abandoned. As it was very late by then, the twins incurred the additional expense of spending the night in the village inn. When Charima subsequently complained to Abdullah, Abdullah referred Charima to the exclusion clause quoted above.
Given the above case problem, answer all the following questions:
1. Understand the facts in the case problem and identify the legal issues involved in the Case.
2. Analyse the issues in relation to exclusion clause, recovering damages, duty of care and breach of duty, and negligence tot Support your answers with relevant laws and regulations in Oman.
3. Draw your conclusion and give your advice to:
a. Abdullah regarding the validity of the exclusion clauses.
b. Charima regarding recovering the damages for their injuries, damaged hiking equipment, and expenses in the village inn.
Learning Outcomes
On successful completion of this module students will be expected to be able to:
- Understand and critically reflect upon the theoretical foundations and central principles that underpins the operation of the contemporary laws of contract and torts within social, economic, political and business context;
- Develop the ability to use relevant information to understand how the laws of contract and torts operate and to apply their understanding through analysing problem based practical scenarios.
- Communicate effectively and accurately the content of legal principles and advice based upon the application of those principles in an appropriate written format.