Interview; discuss circumstances of interview

Getting an overview of the case: What is the nature of

the dispute? Signed 21greement?

Establishing facts and chronology of events: What

happened? Notice to termin21te the contmct - how? In

writing? Wh21twere the reasons? Was there anything in

The contr21ct which might permit Bennet to terminate the

21greement?

Identifying issues, developing and supporting a theory:

Recovery in genera/: B21sed on wh21t has been described,

Allied might h21ve21ch21nce at recovery, but it will depend

On the evidenti21ry findings. H21dthere been 21contractu211

Provision requiring Bennet to conduct a site investigation

Before commencement of the work, the risk would have

Been shifted to Bennet. This is normally the case in

Construction contracts of this type. However, since the

Contract does not contain such a clause, the court could

Very well find that Allied is charged knowledge of the

Conditions of its own premises. A decision concerning

Which party had this duty might very well come down to a

Factual determination at trial.

Possible damages:

Absence of a

Me21sure of d21m21gesvery

in Allied's f21vour,the

Would be the costs

Nother firm to complete

Compens21tory

€1 million, repl21cement

d21m21ges€O.5 million).

Would 21lsoh21veto be

Difficult to

For lost rent211

,

CASE FILE 2

ROLE: Client (BIBEC)

Parties to contract: BIBEC Corp (Buyer) 21ndFmnklin

Auto Industries, Inc. (Seller)

Reason for consulting lawyer: Do we h21ve21binding

21greement? C21nwe force them to m21kethe sale? If not,

wh21t can we recover?

Facts of the case:

Long period of negotiations reg21rding the sale of

Fmnklin to BIBEC.

Parties sign 21letter of intent st21ting only th21t e21ch

party would 'm21ke every reasonable effort to agree

upon and have drafted as soon as possible' a

Contract of sale.

Soon thereafter, Franklin gets a better offer.

Franklin terminates the agreement based on

'unforeseeable circumstances'.

Unit 15, Exercise 10

CASE 1: CLIENT

Description of the situation

You are the owner and managing director of a mid-sized

Language school in a small city. Your competitors are

Three companies of equal size and five consider21bly

Smaller companies. Until now, of you have been able

To co-exist relatively well. At a langu21ge te21ching

Conference held l21st month, you met with some of the

Owners of the other l21ngu21geschools inform21lly. There

W21St21lk of working together 21ndof 21greeing to coordinate

Prices so th21t all of you could ch21rge more 21nd

Incre21se profits. One of the other l21ngu21geschool

Owners mentioned th21t this W21Silleg21I, but you 21renot

Sure th21t 21friendly co-oper21tion of this kind would be

Bre21king 21nyI21WS.You would like to l21wyerif it

Is illeg211or not.

"-

Glossary

Abuse of a dominant position (UK) situation that occurs

When one firm is in a position to be able to act

Completely independently of its competitors,

Customers or consumers, remaining profitable and

Engaging in conduct that is likely to impede effective

Competition in that market. It is this last part, the

Hindrance of effective competition, which is prohibited

In most jurisdictions rather than the mere situation of

Date: 2015-12-11; view: 817