REVISION QUESTIONS Shanila H Gunawardena LL B Hons
REVISION QUESTIONS Shanila H. Gunawardena LL. B. (Hons. ) (Colombo) Attorney-at-Law, CTA (CASL)
Question 1 On Monday, 4 th September 2017, “Yale Computers” made an offer to “ABC Software Limited” to sell 3 laptops for a price of Rs. 150, 000/- each. The offer was made by Yale Computers to ABC Software Limited via e-mail which was sent at 8. 30 am on Monday. The e-mail clearly stated the brands of and all the specifications relating to the 3 laptops. The aforesaid offer also stated as follows: “Please send your acceptance via e-mail before 12 noon tomorrow, 5 th September 2017. ” The aforesaid offer was received by the mailbox of ABC Software Limited at 8. 35 am on Monday. ABC Software Limited saw the e-mail at 9. 30 am and immediately reported to the relevant departments for necessary action. After discussion, ABC Software Limited decided to accept the offer. Consequently, ABC Software Limited sent its acceptance at 11. 45 am on Tuesday, 5 th September 2017, via e-mail. However, Yale Computers had experienced a network failure from around 11. 30 am to 1. 30 pm on Tuesday, which Yale Computers only realised at about 12. 45 pm. Therefore, the acceptance letter sent by ABC Software Limited was only seen by Yale Computers at 1. 35 pm. However, the e-mail indicated that the offer was received by the mailbox of Yale Computers at 11. 50 am. Meanwhile, not having received ABC Software Limited’s acceptance by 12 noon, Yale Computers made another offer, via telephone, at 12. 30 pm on Tuesday to Mr. David to sell the same 3 laptops for a price of Rs. 150, 000/- each. Mr. David accepted this offer immediately. Discuss whethere was a binding contract between Yale Computers and ABC Software Limited, and/or between Yale Computers and Mr. David.
Question 2 “ABC Dairies” is located in Bandarawela and is in the business of producing dairy products including, fresh milk and yoghurt. Wimal lives with his wife and his 6 year old son in Bandarawela close to ABC Dairies and is a regular customer of ABC Dairies. Therefore, the owner and the employees of ABC Dairies are aware of Wimal’s family and the fact that Wimal’s son usually eats one cup of yoghurt per day. As per Wimal’s usual routine, on his way home after work on Monday, Wimal purchased 2 bottles of fresh milk and 1 cup of yoghurt from ABC Dairies for a total price of Rs. 250/-. Prior to the purchase, Wimal checked the expiry dates indicated in all 3 products and it was confirmed that the expiry date had not passed. Wimal’s son consumed the yoghurt soon after that evening and after a few hours the son fell sick. The son had to be hospitalized immediately. The medical reports showed that the illness was due to a germ, which was present in the yoghurt. Advise Wimal.
Question 3 “The fiduciary duty of directors is a mandatory element of company law and is owed by directors to the company individually. ” Discuss in relation to the provisions in the Companies Act, No. 7 of 2007 (as amended) relating to the duties of directors.
Question 4 Write short notes on the following: • Subrogation in contracts of insurance. • Creation of agency by estoppel. • Promissory notes.
- Slides: 5