CASE 2: In 1967 the plaintiffs, Ashmore, Benson, Pease & Co, manufactured tube tanks. The defendants, AV Dawson, a haulage company, agreed to carry the plaintiff’s equipment by lorry. With the knowledge of the plaintiff’s transport manager, the defendants loaded their vehicle in excess of the weight permitted by the Road Traffic Act 1960, s.64 (2). The vehicle toppled over during the journey, and the plaintiffs sued in negligence for £2,225 in damage caused to the equipment by the defendant’s driving. At first instance the trial judge found in favour of the plaintiffs and awarded damages. The defendants appealed.


a) Analyze in details the type of contract that took place between the two parties? (5 marks)
b) Evaluate whether any recovery of damage can take place if a party enters into a lawful contract but the contract is carried out unlawfully. (5 marks)

Answers

Answer 1

a. This contact is known as a void contract. A void contract can be described as a contract that is not enforceable. Such a contract can also be said to be illegitimate.

This contract in this question is void because the equipment that they are to carry by lorry is overweight. This is illegal because it is against the stated traffic act.

The parties entered into a contract that is legal but the contract was carried out in an illegal way. This is what makes it Void.

b. Any recovery can not be made if the contract was lawful but carried out unlawfully. This is a contact breach. The rules of the traffic act that they disobeyed has revoked any hope for a recovery.

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Related Questions

24. By the time help arrives, the refugees many weeks. A. waited B. have waited C. will have waited by the time I got to the bus stop.​

Answers

Answer:

Explanation:

C will have waited. That's the correct way to express their dilemma.

I don't know what to do with by the time I got to the bus stop. It must be part of something else.

quick question:

im studying accountancy but i can't tag the subject since its not available here so what should i tag?​

Answers

Answer:

Any of them should be fine honestly

Explanation:

But I would do social studies

Ex 1. Choose the different words.
1 A. great B. beautiful C. teacher D. means
2 A. wet B. better C. rest D. pretty
3 A. horrible B. hour C. house D. here
4 A. party B. lovely C. sky D. empty
5
6
7
8
9
10 A. stove
A. sunny
A. When
A. stove
A. learn
A. books B. moment
B. under
B. Who
B. lovely
B. hear
B. cats C. sometimes
C. student
C. Why
C. must
C. ear
C. papers D. close
D. lunch
D. Where
D. but
D. theater
D. maps
Ex 2. Give the correct tense and form of these verbs.
1. My father (be) a worker. He (work) in a factory in the city center. Everyday he (catch) the bus to work, but today he (go) by motorbike.
2. I (send) you a massage as soon as I (return).
3. – Where you (be)? – I am upstairs. I (have) a bath.
4. We (not) go fishing next Sunday. We (visit) our teacher.
5. They (study) in Hung Ha town secondary school at the moment. They (be) students in four years.
6. Mrs Trang is in hospital. – I know, and I (visit) her this evening.
7. We (play) soccer this afternoon. Would you like (join) us?
Ex 3. Give the correct form of these words.
1. Living in the city is ... than living in the country. (noisy)
2. Monday is the ... and Friday is the ... of the week. (one/ five)
3. I love my ………... because they are very ... ……(friend)
4. Mai feels very ............. because she lives far away from her parents (happy)
5. This is the ... apartment we have. (big)
6. Our new ... ……..,Lan learns English very well.(class)
7. This dictionary is very ..............for you to learn English(use)
8. I have ....................time to play than my friends (little)
9 These ……..in city are very beautiful .(build)
Ex 4. Choose the best answers.
1. He always goes to bed early, but he (doesn’t/ never/ usually) gets up early.
2. Your picture is (more/ much/ very) better than mine.
3. (Which/ What/ How) a beautiful garden!
4. He works (in/ at / on) a hospital. He takes care (for/ of/ to) sick people
5. He has (many/ a lot of/ lot) friends in Ha Noi.
6. – I’m a new student. – (Yes, I am/ I do, too/ So am I)
7. English books are (on/ at/ in) the back (in/ at/ of) the library.
8. My brother (does/ is/ will) very naughty.
9. (What/ When/Where) is his birthday?
10. These are their books and those are ... (we/ our/ ours)
Ex 5. Rewrite these sentences.
1. Is there a sink, a tub and a shower in the bathroom? -> Does .....................................
2. Do you have a better stove than this? -> Is this........................................................
3.That food is excellent. -> What.............................................................................!
4. He spends an hour a day learning English. -> It takes................................................
5. Knowing English is useful. -> It is ...........................................................................
6. Do you want to go to the zoo? -> Would..................................................................
7. What naughty boys! -> How ...................................................................................
8. It is one-forty five. -> It is a........................................................................................
9. Where does Hoa live? -> What................................................................................
10.. What is the price of this cap ? How much...........................................................?
11. Our house is older than any other house in the living centre
Our house..........................................
12. Mai usually works hard.
Mai is usually a………………………………………………..
13. There are eight hundred stamps in Hoa’s collection.
Hoa’s collection.......................................................................
14. How heavy is the chicken ? What ............................................................................?
15. Listening to music is more interesting than watching TV.
I prefer........................................................................

Answers

Answer:

Means

Explanation:

I hope it helps choose me the brainest

One of the requirements for the position is a willingness to go on -------------- business trips overseas.

frequency
frequently
frequent
frequents

Answers

Answer:

One of the requirements for the position is a willingness to go on frequent business trips overseas.

I hope this is correct...Have a good day!!

The bomb______and three people were killed. *
A. got in
B. put away
C. went off
D. stayed up

Answers

Answer:

C. went off

Explanation:

The only answer that would make sense is C:Went Off. :)

Write a poem on this topic….

Think about your fears and insecurities about school safety. Examine your feelings in relation to school massacres that have happened in history. How has this changed you? What do you feel when a school goes into lockdown?

Answers

Answer: Less a Mystery.

Explanation:

It's a mystery, one might say,

that a school shooter, chose

to pull the trigger and end lives.

But why, and who, you might ask,

would have enough evil to commit

such a crime, to make it feel, as if

the moment was lost in time, it's the

feeling of anxiety, the loss of a society,

the feeling of a threat that twas indeed met.

There's screaming, there's yelling,

there's tears, a sad story telling,

the innocent lives lost to mass murder,

you'd never hurt before like now,

begging it all too stop, the pain, the

feeling of death of emotions.

Yet it goes unanswered, the question why;

why would someone kill, some kind of morbid high?

It's a sad truth, the mystery isn't a mystery,

it's all been found, repeated in history,

the casual rejection of a being,

disclosed and rejected, brining more pain then healing.

It's a social group, rather " elite "

rejecting the uncool and creating a heat,

of feelings of hate and contempt, it all has

to start with you, accepting the ones hardest

to friend, and as you learn, it's all less a mystery,

buried in deep pit of misery.

Help me please…………………….

Answers

Answer:

The answer for this question is no d

Activity 1.2.1: Sentence completion Complete the following sentences by choosing the correct word or phrase from the alternatives given. 1. I need a quiet place to study. Where (I should/ ought to I/ should I) go? 2. The airline allows only two pieces of luggage. You (had better not/ better not/had not better) pack too much or you will have to take some of it out at the airport. 3. A: I think that the grade my teacher gave me on my test is wrong. B: Really? You (ought talk/should to talk/ought to talk) to her after class today. 4. It is raining and I don't want to get my dress wet. I (had better not bring/had better to bring/had better bring) an umbrella. 5. A: I'm very hot. B: You (should take off/ought take off/better had) your coat.

Answers

The use of appropriate words or phrases in the given sentences shall be done as,

I need a quiet place to study. Where should I go?The airline allows only two pieces of luggage. You had better not pack too much, or you will have to take some of it out at the airport.I think that the grade my teacher gave me on my test is wrong. Really? You ought to talk to her after class today.It is raining, and I don't want to get my dress wet. I had better bring an umbrella.I'm very hot. You should take off your coat.

What are appropriate words or phrases?

The words or phrases that are the best suitable with the structure of the sentence and grammatically fit the sentence are known as appropriate words or phrases.

Hence, the use of appropriate words or phrases are given above.

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Is this a good comparison summary please help if not?
The main difference between the movie and the book is that Nautilus, the submarine is a battery-powered submarine but in the Disney film, Captain Nemo harnesses nuclear power for his submarine. Which created a dramatic interest in the move for Professor Arannax in discovering the secrets of Nemos, technology, but in the book he spends his time recording species and writing them down in his journals. The last character with a difference is Ned Land who in the book is spending time brooding and pinning for a silent escape. He also is a very powerful man. However, in the movie, it shows that he is a violent and outspoken man. This made all these characters play a unique and important role as they play their part in the book.

Answers

Answer:

it is an average comparison

Explanation:

because it doesn't describe much

Complete the dialogue with the verbs below

Answers

1. Have, been
2. visited
3. was, have, been
4. took. visited
5. have, visited
6. couldn’t see
(Please make sure to recheck as the answers may not be totally correct)

You are writing an essay about dyslexia, a reading disorder. Which of the following could you use as a credible source?


A blog written by a teacher who writes stories about teaching children how to read


A student research paper about dyslexia


A Wikipedia webpage about dyslexia


An article in a scholarly journal about the brain science describing the symptoms of dyslexia

Answers

Answer:

An article in a scholarly journal about the brain science describing the symptoms of dyslexia

Explanation:

Answer:

An article in a scholarly journal about the brain science describing the symptoms of dyslexia

Explanation:

cause i good like that

71/ When did Sara place her order?
(A) Today
(B) On Monday
(C) On Tuesday
(D) On Saturday

Answers

Where’s the thing??? Is there any comprehension if there is I can help you

The ones going to the football game are we juniors

Answers

wheeeeeeeee juniors ruleeeeee

Answer:

weeere Junior ruleeeeee

Which sentence is an example of a misplaced modifier?
1. Robert just wrote a two-page assignment.
2. Natalie travelled only to Milan for summer.
3. Sasha barely knew her new classmates.

Answers

Answer:

is Robert just wrote a two-page assignment.

Explanation:

In this sentence the modifier just creates confusion. It’s not clear whether the sentence is conveying that Robert recently finished writing the assignment or that Robert wrote only two pages.

(a)
In two sentences, summarize the benefits derived from the
mining industry
(6)
In one sentence, summarize the negative effect of mining
on the environment.
(c)
In three sentences, summarize how the mining industry
can be made more beneficial to the local community and
the nation

Answers

1. Mine exploration, construction, operation, and maintenance may result in land-use change, and may have associated negative impacts on environments, including deforestation, erosion, contamination and alteration of soil profiles, contamination of local streams and wetlands, and an increase in noise level, dust and ...

2. Mined materials are needed to construct roads and hospitals, to build automobiles and houses, to make computers and satellites, to generate electricity, and to provide the many other goods and services that consumers enjoy. In addition, mining is economically important to producing regions and countries.

3. In addition, mining is economically important to producing regions and countries. It provides employment, dividends, and taxes that pay for hospitals, schools, and public facilities. The mining industry produces a trained workforce and small businesses that can service communities and may initiate related businesses.As a developed society we are fortunate to enjoy the many benefits that lignite, uranium and industrial minerals help provide. These benefits include low-cost, reliable electricity and the materials necessary to build our homes, schools, hospitals, roads, highways, bridges and airports.

Someone help me porfasss

Answers

Answer:

what that mean can you explain please

What is the main topic of discussion between the characters in the excerpt Of Pride & Prejudice?

Question 16 options:

They mainly discuss an issue concerning Elizabeth


an impending disaster


a new development project in the community


a new wealthy single man's move into the neighborhood.

Answers

Answer:

a new wealthy and single man move into the neighborhood

Explanation:

The main topic behind the discussion between the characters of the excerpt of Pride & Prejudice is that there is a new wealthy single man moving into the neighborhood. Hence, Option D is correct.

What is the theme of Pride & Prejudice?

A book is written by an author named Jane Austen, with the central theme of romantic comedy, love, and the marriage that was between the main characters of the book, whose names are  Darcy and Elizabeth. It is one of the most loved and cherished books of English literature, in nwhcih the courtship period was shown of  Darcy and Elizabeth.

From the novel, the reader can know about the different ways love may grow or disappear. Just like other love stories in this novel also lovers have to overcome numerous stumbling blocks, which  begins with the tensions caused by the lovers’ own personal qualities. the story is all about Elizabeth’s pride and  Darcy’s prejudice.

Thus, Option D is correct.

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She said ,"I work in hospital".

Answers

Answer:

she said that she worked in hospital.

What's the question?

Fix the pronoun errors.

Teachers and parents may try to instill good values into children, but ultimately each child must decide for themselves what they think is right or wrong.

Answers

Install I think is one

Which type of graph would best show the data collected from measuring the volume of a balloon at varying temperatures?

circle graph

frequency table

bar graph

scatter plot

Answers

Answer:

scatter plot

Explanation:

because this type of graph shows multiple different points at different times. therefore it would be most effective to show varying temperatures and volumes of a balloon.

The graph that would best show the data collected from measuring the volume of a balloon at varying temperatures is a scatter plot graph.

The frequency table is used to show how often a certain result is given. For example, if we roll a dice 100 times we can use this table to display how often each number came up, which can look like:

10 times30 times25 times20 times5 times10 times

A bar graph is often used to compare groups or track changes over time. For example, we can measure how many cars pass by certain points in an hour and use a bar graph to display how many cars passed by each place during that hour by representing each place with its own bar, whose height will tell us the number of cars. This would not be the graph we use because we are comparing changes in a single balloon, not in groups of balloons.

The first option is a circle graph, which is used when one thing contains varying percentages within it. The circle graph can display how much of the total is comprised by each sub-division. This is not the kind of graph we are looking to use because it would be incapable of displaying varying values for the same variable.

The graph that would best show the data collected from measuring the volume of a balloon at varying temperatures is a scatter plot graph because this kind of graph can represent two different variables and is used to compare the relationship between them, in this case, the volume of the balloon and the temperature.

For more on scatter plot graphs see:

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What is the purpose of a team-building activity?

Answers

Answer:

the purpose of team building activities is to motivate your people to work together,to develop their strength,and to address any weakness.So,team building exercises should be encouraged collaboration rather than competition.Be sure to incorporate team building into your workplace routines and practices.

Define employment. Write in brief about international employment.

Answers

Answer:

em·ploy·ment

/əmˈploimənt/

noun

the condition of having paid work.

Explanation:

hope this helps

31. The/they/get/had/off/before/of/the/turn/light/office/out

Answers

Answer:

They had to get out before the lights in the office turned out.


Read the sentences.
Jasmine grabbed a hat and gloves. Then she headed outside to play in the snow with Benita and Logan. She found them building a snowman.
Which word is a subject pronoun in the sentences?
A. Jasmine
B. them
C. She
D. in

Answers

Answer:

She.

Explanation:

For example, it could have said " Jasmine found them building a snowman " but it's not necessary since we know for a fact that it was Jasmine without saying her name, so we replace it with " Her ".

Read the following line from “To Her Father With Some Verses."
Yet for part payment take this simple mite
Use context clues to determine which of the following words is the best synonym for mite.
A. a bedbug
O
B. a coin of little value
O
C. physical strength
D. possibility

Answers

Answer:

I think it's B

Explanation:

Well mite means a bug type thing but in this line it won't make sense. They are talking about payment so they must be talking about a coin. They also said simple mite so a coin with little value. So the answer would be b I think.

hellp me

hellp me

hellp me

Answers

Answer:

1.False

2.False

3.True

4.True

5.True

Answer:

31 T

32 T

33 F

34 T

35 F

Explanation:

why are trees important to the environment?

Answers

Answer:

I hope above information will help you a lot.

Have a great day ahead.

Answer:

providing oxygen,

improving air quality,

climate amelioration,

conserving water,

preserving soil

Explanation:

Review the ending to “Seventh Grade.” Is Victor’s conflict completely resolved? Explain your answer.

Answers

Answer:

No, the conflict is not resolved. Victor agreed to tutor Teresa, but he does not speak French. Teresa will find out that he lied to impress her and will probably be angry with him.

Explanation:

what does it mean by predict?

Answers

Answer:

to make a guess about the future/a future outcome

Explanation:

have a nice day!

I waited for my friend. I waited till his arrival.


join by suitable word

Answers

Answer:

I waited for my friend until his arrival.

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factor that affect gravitation Consider the line 9x + 8y = -8.What is the slope of a line perpendicular to this line?What is the slope of a line parallel to this line? What x 1/4 = 2? X 1/4 = 2 Its an equation You have overheard you parents talking about your grandfather and his memory of his past. It seems that he remembers pleasant events very well, but often forgets unpleasant events entirely. What type of memory are your parents discussing Question 2: thanks!!! hi my name is TZ I am from Miami Examine the meaning of charter and joint-stock company by using each term in a sentence a special effects artist mixes two different liquids in a bowl. both liquids are white. when she heats the bowl, a new compound forms. will the new compound be a white liquid? .............................. What is another name for data?A) square rootB) additionC) subtractionD) information A 3-gallon jug of water costs $15.00. What is the price per quart? Which scenario describes an ethical lab behavior What are the ratio of 1:6 and 3:8, 2:14and 3:42 the sum of 5 consecutive even numbers is 130. find the numbers. Find the distance between the pair of points.(7, 3) and (-6, -4)A. 2.4B. 11C. 1.4D. 14.8 the 2kg block slids down a firctionless curved ramp starting from rest at heiht of 3m what is the speed of the block at the bottemvof the ramp write the poem titled is Handcuffs and write a dairy entry over two days as the speaker who is in prison. There is a sequence of rigid transformations that takes A to A', B to B', and C to "same sequence takes D to D'. Draw and label D': Drama is different from other genres of literature because: discuss two concerns regarding funeral restrictions that your community complain about lock