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Interview; discuss circumstances of interviewGetting 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 ˆ1 million, repl21cement d21m21gesˆO.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: 984
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