Sunday, September 8, 2019
Business Law Questions (Part 1) Assignment Example | Topics and Well Written Essays - 750 words
Business Law Questions (Part 1) - Assignment Example Yankitââ¬â¢s and they were bound by ââ¬Å"common considerationâ⬠(Harold, 2006). It is irrelevant that they did not have a written agreement prior to delivery of service. In this case, Bill wishes to purchase a neighbourhood grocery belonging to Mel Merchant and they have agreed that Mel will not open another store of the same nature within a distance of 150 miles during the next 10 years. This is referred to as ââ¬Å"voluntary restraint of tradeâ⬠since both parties have entered into the agreement and no party has influence over the other which could have forced them into agreement (Michael, 2005). This arrangement is vital for the significance of the purchaser because, should Mel decide to open another grocery near the previous one, then Bill will have to go out of business since Mel is likely to acquire all his previous clients. My reasoning is due to the similar case in Dias v Souto (1960) where the defendant sold his trade under related circumstances and established a competitive dealing within the terrain. The defendant charged him before the court and he was held to blame. For the court to enforce this accord they first have to consider the space to which the moderation is applicable and the time it will be valid (Michael, 2005). They will also have to consider the sort of dealing the parties are engaged in. In this case, the distance of 150 miles and period of 10 years under control are irrational. Slander is any spread of information which is likely to hurt the image of the person to whom it is spoken against by word of mouth or sign language (Harold, 2006). However, the words must be heard by other people other than the person to whom it was being addressed to. In the case of Barak and Rush, both committed slander because their words were heard by the news reporter who even spread the information further. They words they said against each other had ill intentions and would change their public status hence they amounted to slander. Eves
Subscribe to:
Post Comments (Atom)
No comments:
Post a Comment