Reference no: EM131729365
1. Answer BOTH parts of the question.
(a) Discuss with reference to the appropriate case law the following:
I. “Offers” distinguished from “invitations to treat”.
II. The rules relating to the termination of an offer.
III. Intention to create legal relations and
IV. Lack of genuine consent because of misrepresentation.
(b) On 15th May 2014 Brown in Auckland sent a Postal Order telex message to Gray in Christchurch, which read, “I offer you 100 shares in Jones Ltd stock at $30 each. I must receive you answer by 10 a.m. tomorrow.”
Gray, upon receipt of Brown’s offer, immediately sent a reply accepting the offer, posting his letter Fast Post at the Christchurch main Postal Centre at 3 p.m. on 15th May. This letter, in the normal course, should have reached Brown by 9 a.m. on 16th May.
Unbeknown to either party, the plane carrying the mail was delayed by fog and Gray’s letter did not reach Brown until 10.30 a.m. on 16th May. In the meantime Brown had sold the stock at 10.15a.m. on 16th May to White.
Outline the relevant legal issues and advise Gray whether there is a contract.
2. Answer ALL THREE parts of the question.
(a) Discuss the significance of the English House of Lords decision of Donoghue and Stevenson [1932] in relation to the tort of negligence.
(b) Discuss the concept of ‘Vicarious Liability’.
(c) What are the two main forms of defamation and what must the plaintiff prove to succeed in a claim for defamation?
3. Answer BOTH PARTS of the question.
(a) What does patent law protect and how is the protection gained?
(b) How are names and brands protected in New Zealand?
4. Describe the essential features of the Torrens System - the current Land Transfer System in New Zealand.
5. What do the Employment Relations Authority and the Courts look into to establish whether a person is an employee or a contractor and why is the distinction important?
6. What are the duties that an agent has towards his or her principal?