Question 1
a. Contractual liability may be discharged in certain circumstances. Discuss.
b. "An aggrieved party in a breach of contract is entitled to claim for damages" Discuss.
Question 2
Alternative dispute resolutions (ADR) are processes and techniques that act as means for disagreeing parties to come to an agreement short of litigation. ADR has gained widespread importance in the business environment. Explain those processes and techniques of ADR and the "raison d'etre" of arbitration.
Question 3
Following a tender exercise, the services of Computa Company Limited (CCL) has been retained to provide laptops to students of the University of Kangool (UoK). In the tender document, it was specified that laptops of the famous mark Bell and of British origin should be provided. At a certain stage, CCL started to have major challenges with his supplier from England and could no longer supply laptops to the students of UoK. To fulfill his obligations, CCL turned itself towards an Indian company as an alternative supply and continued his supply by providing laptops of the make Dall instead.
How would the contract be affected in the following cases:-
a. If the challenges with the British supplier were that latter had gone bankrupt and stopped the fabrication of laptops.
b. If the challenges with the British supplier were that the price of laptops has gone up and the supplier claimed for an increase in the selling price.
c. The alternative supply was not a unilateral decision of CCL.
Question 4
Offer and acceptance can now be made by sending the appropriate electronic messages. Examine the provisions of this law which intervenes in favour of the validity of electronic mailings sent between parties to an electronic contract.
Question 5
Explain the following contractual issues:-
(a) The agreement between the parties.
(b) The general principle of offer and acceptance at an auction.
(c) Contractual principles following agreement by tender.
(d) The legal intention to create contractual relationship.
(e) The capacity to enter into contractual agreement.