Case Suudies_ A Whatis te legal abligation (farn) inthe folowing situatians Gve
ID: 347139 • Letter: C
Question
Case Suudies_ A Whatis te legal abligation (farn) inthe folowing situatians Gve reasors for yourarbwers (a) Each month, Henry, Kate and their grandson, Sam, entera general knowledge competition, each paying AED10 towards the entry fee Sam always emails the entry form, pays the entry feeand receives the confirmaton of entry. Last mornth, they won the competition and the prize was AED 6000. Sam refuses to share the AED 6000. Advise Henry and Kate. (b) Mike called the police when he discovered a thief had stolen his car. When they arrived, he told Reem, the officer in charge, that he woud give each of the 3 police officers AED600 if they returned the carto him by 9am the next day when hewas due to go on a driving holiday. The police officers recovered the car and returned it to Mike by 8am the next day. Mike has refused to make the payment to the police officers. Advise the police (c) Maitha buys a washing machine as a gift for her mother from Home Supplies Ltd The washing machine stops working ten days later. Who can sue Home Supplies Itd for breachof contractand why? What has been the impactof the Contracts (Rights of Third Partes) Act 1999 in situations like this and why? (d) Bob borrows money from Fair Bank to set up his own small business, selling fitness books and equipment which pays for his own lessons to becomea fitness trainer After a few months Bob's main supplier finds out he is only 17 and refuses to trade further with him. This means Bob doesrt have enough business to pay for his essons to become a trainer Heis also behind with paymentof his mobile telep hone account Advise Bob about the enforceability of each of the four contracts he has entered into: i. For the bank loan ii. With the supplierofthe fitness books and equipment iii. For his lessons to become a fitness trainer v. For his mobile phone.Explanation / Answer
A. As per the form filed by Sam, it has name of Henry and Kate. So, legally all of them are entitled to the winning money. As per general rules as each has paid equal money they are supposed to get equal share of the prize. So Henry and Kate should stake their claim, unless there is any other contract saying otherwise. B Here there is no contract only verbal agreement. As per any contract to be obligatory it needs to be in writing and agreed by all parties involved. In this case there is no real contract that could be enforced as there is no proof that the agreement was made. C The rightful owner in this case is Maitha as she has got into the purchase agreement with Home supplies. But as this was gifted, if there is a transfer of ownership done legally only then her mother can stake the claim and sue Home Supplies, else Maitha will have to sue Home Supplies as she has got into an agreement not her mother. Third parties also have similar rights if they are in contract with the first or second party owning or sharing the contractual obligation. And it has to be done in a legal way. In this case if the gift is accomanied by a transfer contract only then her mother becomes third party and can sue Home Supplies