Suddenly the husband refused to pay for it so the wife took the action to the

Suddenly the husband refused to pay for it so the

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Suddenly, the husband refused to pay for it so the wife took the action to the court. It was held that there is no legally contract between the couple and the wife lose( casebrief). Application: To this case, the agreement between Alan and Charleen is considered as social domestic agreement. By apply the case of Balfour and Balfour , the contract between Alan and Charleen is not legally formed. Secondly, Charleen is still an O level student and she is below 18. It concern that, she is not able to make a legally contract. Conclusion: The sister is not able to sue her brother due to unsuccessful contract. The contract is not legal and they will not be bound by the law. 5.Damien’s legal position and remedies Issue: Alan and Damien formed a contract to buy the commercial law book of Alan. When the purchase has been processing, Alan gave Damien the wrong material that include in the contract as on the post that Alan advertise the book on facebook. Does Damien have the rights to sue Alan for the breech of contract? Relevant law/procedures: The similarity study case to this article is the case of Carlill and Carbolic Smoke Ball Co . According to the case, the company put the advertise of it smoke ball and stated that when who use the smoke ball accordingly to the instructions but still caught the flu. The company will pay 100 euro to the person. Carlill used the balls correctly but still got the flu. Carbolic Smoke Ball Co refused to paid her the amount that she deserves to have. The court held that the company must pay ms Carlill because there was a clear statement on the advertisement that the company willing to pay. Application: As applied on this case, Alan post his commercial law book and notes advertisement and it is very clear of its details. Damien then saw the advertisement and decides to buy Alan’s book. There was fully elements of legally contract has made and they formed a contract when they fulfill those elements. Conclusion:
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According to the case of Carlill and Carbolic Smoke ball Co , Adam and Damien will be bound by the contract and Adam have to pay Damien for breech of contract for giving the wrong materials. 6.Alternative dispute resolusions Alternative dispute resolutions which also be called of ADR. This ADR is the formality for disputes setter. This cost low price and quick on solving dispute between parties. These method included: litigation, mediation and arbritration (findlaw). Litigation This is known as the process of party disputation that take the right actions to the lawsuit. This process provided civil law and criminal law(Singapore legal advice). In civil category, a plaintiff who is on spot of party taking an action against the defendant who pursue the clams. Before the court made the judgment, there need to have the proof of parties’ evidences and pronounce of the court. On the other hand, according to criminal category, this process is to resolve the disputes between citizen harmed by each other. The defendant will end up in jail or pay a fine or both of the above of being guilty. The advantage of this process is provide the fairness among the parties and treat everybody equally. However, the disadvantage of this process is costly and it usually take a lot of time.
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  • Summer '13
  • JanRoy
  • Law, Arbitration, commercial law book

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