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.

Read more https://brainly.com/question/14953327?referrer=searchResults


Related Questions

Root word related to "rule"

Answers

Answer:

The Greek root word crat means “rule,” and the English suffix -cracy means “rule by.” This Greek root and suffix is the word origin of a good number of English vocabulary words, including the familiar terms democrat and democracy.

Based on the excerpt, the conclusion that “personal mood seems to affect honesty" is best supported by which of the
following statements?
O Relaxing summer and fall holidays generally cause payment rates to drop.
O Stressful fall and winter holidays generally cause payment rates to drop.
O Relaxing summer and fall holidays generally cause theft rates to increase.
Stressful fall and winter holidays generally cause theft rates to remain steady.

Answers

The excerpt this question refers to can be found online. Since it is too long, I will not add it here. It belongs to the book "Freakonomics," by Levitt and Dubner.

Answer:

The conclusion concerning mood and honesty is best supported by the statement that follows:

B. Stressful fall and winter holidays generally cause payment rates to drop.

Explanation:

In the excerpt, we are told about a man who leaves a basket with bagels at different companies for employees to buy. He does not stay there to sell the bagels; he simply trusts people's honesty when it comes to money.

It turns out that people pay higher rates when they are in a good mood. However, after stressful holidays or when the weather is not that good, people tend to pay lower rates, and even the number of bagels stolen (not paid for) increases.  In other words, mood and honesty are connected.

Answer:

b

Explanation:

i just took test

In the space provided, write whether the verb in sentence is active voice or passive voice.
A computer had been used to design this sari pattern.

Answers

Answer:

passive

Explanation:

Please discuss if you were a young scientist and therefore the person to whom Wilson's letter is addressed, how does he make you feel that your career as a scientist is appropriate, worthwhile, and honorable?

Answers

Answer:

He would make me feel honored and respected because the things that he said would make me feel like the job that I do is worth the time and the effort.

Explanation:

Hope it helps :)

Which statement is most likely a theme of a work of fiction?
O A. Tamara practices hard to make the school's softball team.
O B. Many Americans spend time with their families during the
holidays.
C. Our state is home to the tallest mountain in the United States.
O D. Traditions are important and can help make our lives meaningful

Answers

D. Traditions are important and can help make our lives meaningful.

Could you please check this line for me, please. I am not a native English speaker:

"We are pleased to inform you that the Conference will bring together outstanding students from all places of the country"

Answers

Conference is not capitalized
Outstanding students from all over country

We are pleased to inform you that the conference will bring together outstanding students from all over the country.


Find one example of an idea from Du Bois's speech that you believe the narrator of The Autobiography of an Ex-
Colored Man would agree with. Find one example of an idea that you believe the narrator would disagree with. Explain
both in a well-rounded paragraph, and cite specific evidence from both the speech and the novel to support your ideas.

Answers

There are two statements in which the narrator agrees with one and disagree with the other.

''The battle we wage is not for ourselves alone but for all true Americans. It is a fight for ideals, lest this, our common fatherland.'' This is the statement which I believed the narrator would agree with because this is the battle for all Americans as well as for their loving country. ''False to its founding, become in truth the land of the thief and the home of the Slave.'' is the statement that I believe the narrator would disagree with.

https://brainly.com/question/24280917

1) You should keep the milk in the refrigerator_____________ it doesn’t go bad.

Answers

The answer is: so that

You should keep the milk on the refrigerator “so that” it doesn’t go bad.

Answer: no

Explanation:

Can someone please help

Answers

Answer:

11.D

12.K

13.C

14.J

15.D

Explanation:

im in AP english so

She loved him nonetheless. He brought her treasures from his traps. He told her stories of strange creatures he'd seen in the salt marshes.

Which of the following correctly describes the main purpose of this text in the narrative?

A Create the climax
B Develop characters
C Hint at the resolution
D Provide exposition

Please explain, thanks

Answers

Answer:

D) Provide exposition

Explanation:

Expository text is typically nonfictional and educational. This kind of organization is less about having a story-like framework and more about following the aims and goals of the author or using certain types of information.

Question text




Mrs. Duarte is enrolled in Original Medicare Parts A and B. She has recently reviewed her Medicare Summary Notice (MSN) and disagrees with a determination that partially denied one of her claims for services

Answers

Answer:

She can file an appeal within 120 days from the date she received her Medical Summary Note.

Explanation:

Medical summary note is a presentation of Medical facts about a persons health conditions. Mrs. Duarte is enrolled in Original Medicare parts, if she disagrees with MSN she can file an appeal within 120 days.

Which of the following words were added to the English language due to Christianity entering Britain?

A. Candle
B. Sky
C. Topic
D. Earth

Answers

One word that was added to the English Language due to the presence of Christianity in  Britain was: A. Candle.

The origin of the word Candle is Latin.  In Latin, candle means candēla, which is from candēre, meaning "to shine," "to glisten," or "to become white."

The old English spelled Candle as "Candel."  Other English words that derived their origin from Christianity's entrance into Britain include: abbot, altar, apostle, clerk, mass, minister, monk, nun, pope, priest, and school.

Thus, Candle became an English word because Christianity was brought to Britain.

Learn more about another English word that originated from Latin because of the presence of Christianity in Britain here: https://brainly.com/question/11969298

Which detail from "The Monkey's Paw" most clearly helps create tension?

Answers

Answer:

hope it helps plz mark me brainliest plzzzzzzzz!!!

Explanation:

The detail from "The Monkey's Paw" that most clearly helps create tension is Mr. Morris throws the monkey's paw into the fire and Mr. White grabs it.

Explanation:

In "The Monkey's Paw" by W.W. Jacobs, we can see the constant use of several literary elements to produce horror suspense and tension, many feelings come to life in this story, but when the monkey's paw is thrown to the fire to be destroyed and Mr whites grabs it, we have a big moment of tension, because we don't know what is he going to wish for and how is this going to affect them.

HELP PLEASE! WILL GIVE BRAINLIEST TO THE RIGHT ANSWER

1. School cafeterias should serve healthier food and avoid empty food filled with carbohydrates.
2. Vegetables are not only healthy, but they also keep students from feeling hungry later in the school day.
3. Sweets, like chocolate and cookies, are easily and quickly digested, leaving students hungrier in less time.
4. Some schools serve soda alongside other more healthier drink options like milk and bottled water.

Which two statements serve as counter-claims to the claim presented in the first question?
A) Healthy food, unfortunately, is often more expensive than unhealthy food items.
B) Some people eat cereal for breakfast before school while others eat bacon and eggs.
C) Students in the public school cafeteria should be allowed to eat whatever they wish.
D) Donuts are a particularly popular breakfast food that is not commonly considered healthy.
E) Healthy foods may indeed be better for you, but giving students a personal choice in what they eat is even more important.

Answers

Answer:

E.) and D.)

Explanation:

E and D should be the answer

Read this sentence.

Bothered by allergies, a condition that made them sneeze, some of the high schoolers had sinus troubles that caused them to miss
several days of school last fall.

Rewrite this sentence in a more concise way without losing important information.

Answers

Answer:

Bothered by allergies, some high schoolers missed several days of school in the fall due to their sinuses.

Explanation:

Some preschool children with allergies, experiencing sneezing and sinus troubles, missed several days in nursery school this spring.

The sentence is now more concise without losing the essential information about the children's condition and the reason for their absences from school due to allergy-related issues.

By using a more compact structure, the sentence conveys the same message in a clearer and more straightforward manner, making it easier for readers to understand the situation faced by the affected children.

Know more about allergies:

https://brainly.com/question/34306886

#SPJ4

Wat is an objective?

Answers

Answer:

The answer is:

Explanation:

The word 'Objective' means 'One word Answers' or answer that are no longer than one or two words..

Hope this helps....

Have a nice day!!!!

A discussion or answer that has more then one word

"Human rights" has always been an excuse for the United States to violate other countries. Many human rights violations in the United States are extremely extreme, and the United States has not revealed its scars

Answers

Answer:

"Human rights” has always been an excuse for the US to violate other countries.  Many human rights violations in the United States are extremely serious, and the United States has not shown its scars

Explanation:

a period of one thousand years​

Answers

millennium
hope it helps :)
please mark brainliest!!!

Answer:

Millennium

Explanation:

a period of 1000 years

Could someone check this for me

Answers

Answer:

Yes these are also correct. Good job.^_^

After the creature tells Frankenstein his tale and requests he makes him a companion creature:_________
a. Frankenstein is eager to start the task as he is confident immediately that this is the solution to both his and the creature’s suffering.
b. Frankenstein is unsure. He is moved by the creature’s story, but every time he looks at him, he is again moved by disgust and distrust, and questions the creature several times before agreeing.
c. Frankenstein tells the creature he must think on the matter further and promises to meet him again in the same location in two weeks’ time with an answer.
d. Frankenstein outright refuses. He and the creature argue at great length about prospect and still Frankenstein cannot be convinced. It is not until the creature threatens to kidnap Elizabeth that Frankenstein complies.

Answers

Answer: B. Frankenstein is unsure. He is moved by the creature’s story, but every time he looks at him, he is again moved by disgust and distrust, and questions the creature several times before agreeing.

Explanation:

When the creature tells Frankenstein his tale and requests he makes him a companion creature, Frankenstein is unsure as he is moved by the creature’s story, but every time he looks at him, he is again moved by disgust and distrust, and questions the creature several times before agreeing.

Therefore, the correct option is B.

Read the passage from the..

Answers

Answer:

From the what?? Read the passage from the WHAT??

Explanation:

Drag each label to the correct location on the image.
Identify whether each element of an argumentative text belongs in the introduction, body paragraphs, or conclusion
restated claim
counter claim
commentary
brief summary of main points
context for argument
evidence
claim
Introduction
Body

Answers

Answer:

introduction: claim & context for argument.

body: counter claim & evidence, commentary.

conclusion: restated claim & brief summary of main points.

Explanation: Correct on Edmentum ⚡️

Answer:

intro: thesis, context for argument

body: counter,evidence,commentary

con: summary, restated thesis

Explanation:

Which term in the passage includes a formal definition? a. herbicide-resistant super-weeds (paragraph 6) b. nutritional value (paragraph 5) c. genetically modified organisms (paragraphs 1 and 2) d. processed foods (paragraphs 3 and 4)

Answers

Answer:

c. genetically modified organisms (paragraphs 1 and 2)

Explanation:

In that passage, genetically modified organisms are formally defined. The reader is told that these kinds of organisms have had their DNA altered in order to achieve certain traits that will not be seen in other similar species. Genes possessing those particular traits are introduced through technologies like Recombinant DNA technology or Reproductive cloning.

A formal definition gives an official explanation to a term while an informal definition gives a subjective explanation.

how do you correct series in a sentence​

Answers

Items in a series occur whenever a sentence includes a list of two or more things.The items can be of any part of a grammatical unit:nouns,verbs,participles etc

rearrange the jumbled sentences into a perfect sentence .

2.1 cultural/ of the/ anticipated/carnival/ festival/hornbill/ most/ is/Nagaland/ the​

Answers

Answer:

The Hornbill festival is the most anticipated cultural carnival of Nagaland.

Explanation:

indicate whether the following statements are true or false:
1. Should the parents feel unvalued, they may ask the principal how best the can assist the school.
2. The school assessment programme can only be in a constructive way, if educators collect, record and report on specified assessment activities.
3. Parental involvement is a combination of supporting student academic achievement and participating in community-initiated functions.
4. Monitoring of children and taking part in the school trips may be ways in which the school appreciate the involvement of parents.
5. The UBUNTU philosophy can be used where assessment focuses on human qualities and character, than on the stated outcomes.​

Answers

How many police vans were on the scene

i first(meet)my best friend three years ago

Answers

Answer:

met

Explanation:

i first met my best friend three years ago

We can actually deduce here that the correct sentence will become: I first met my best friend three years ago.

What is correct sentence?

A correct sentence is actually known as the sentence that is correctly written and which have all the grammatical functions correct.

We can see here that "meet" is the word that should be changed into "met". This is because the sentence itself is in the past so the verb should be in past tense.

Learn more about correct sentence on https://brainly.com/question/16726894

#SPJ9

No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States ... How does the excerpt relate to the premises of Brown Board of Education ?

Answers

Answer:

Based on the given excerpt above taken from the Fourteenth Amendment to the Constitution, this relates to the premises of Brown v. Board of Education in a way that the case of Brown talks about whether the system of education that is separated by race would limit the privileges of the citizens.

Hope this helps.

Explanation:

Walker Evans was a photographer. He is best known for the photographs he took while working for the Farm Security Administration during the Great Depression. His photos documented the effects of the Dust Bowl on average Americans. Evans’ best photographs do not include images that people often find in many Dust Bowl photographs. There are no dirty, starving children. There are no sad adults who look as though they have lost the will to live. There are no families gathered in filthy, collapsing shacks. Instead, people see something that is often missing from Dust Bowl photographs: dignity.
Evans does not use his art to enforce ideas. He does not use his art to show that the people he takes pictures of are different from the people who see the pictures at museums. He uses his photographs to show the dignity of his subjects to the viewer. He shows his subjects’ run-down shacks for what they are—simple, well-kept homes. He does this to remind the viewer that shacks may look different, but they are similar to the viewer’s home. The families who live in these shacks are similar to the viewer’s own family.

Which detail is important and should be included in the summary of this passage?

A.
The viewer sees that the people Evans photographed lived in simple, well-kept homes.
B.
Evans uses his art to show the viewer that the people he photographed are dignified.
C.
Evans shows the viewer that the shacks in the photos are similar to his or her home.
D.
The viewer does not see sad adults who look as though they have lost the will to live.

Answers

Answer:

A.) The viewer sees that the people Evans photographed lived in simple, well-kept homes.

Explanation:

The pictures Evans took pictures of were small and simple. He wanted people to know about the life of poverty. Let me know if this doesn't make sense.

Could you please give me brainliest?

Answer:

B.

Evans uses his art to show the viewer that the people he photographed are dignified.

The story of Sosu and the Bukari boys the point of views in the story​

Answers

Answer:

Third person point of view is he/she

First person point of view is I/my

I've never read this so I wouldn't know sorry

Explanation:

Other Questions
8. The following poster is from WWII.Why did the U.S. government produce posters like these during World War II?A. to recruit soldiersB. to fight espionageC. to prohibit price gougingD. to ration natural resources9. The following chart describes actions of the U.S government following World War II.The Federal-Aid HighwayAct of 1944:Increased funds forfederal-aid highwayprograms to create anational system ofinterstate highwaysThe Federal-Aid HighwayAct of 1956:Planned to link 90 percentof the cities withpopulations of 50,000 orgreater and many othercities and townsWhat was the major result of these acts?A. Prevented the decline of small town industriesB. Avoided the shortage of farm laborers in rural areasC. Met the transportation demands of growing suburbsD. Accommodated the influx of migrants into inner-city areas What is Nintendo what is Nintendo Lyric poems often express the poets _____. What are jobs in the hotel industry (at least 3)? Give some brief informationabout them? Find the measure of the missing angles. The graph of which functions has an axis of symmetry at x = -1/4? A property title search firm is contemplating using online software to increase the productivity of the researcher performing the search. Currently, an average of 64 minutes is needed to do a title search. The researcher cost is $1.70 per minute. Clients are charged a fee of $410. Company As software would reduce the average search time by 20 minutes, at a cost of $3.50 per search. Company Bs software would reduce the average search time by 21 minutes at a cost of $5.50 per search. a. Calculate the productivity in terms of revenue per dollar of input.b. Which option would have the highest productivity in terms of revenue per dollar of input?a) Company Ab) Company Bc) Current A woman bought some large frames for $17 each and some small frames for $6 each at a closeout sale. If she bought 18 frames for $141, find how many of each type she bought. She bought ____ large frames. a shopkeeper marked price a article a certain price above the cost price and he allowed 16% discount to make 5% profit if a customer paid 9492 with 13% vat to buy it by what percent is the mp above cp how does the natural resources affect the development process twice nAlgebraic expression Help please! Need this answered quick! Find the values for which the statement is true.lxl=x (2x2 + 1) + 3/2x2=1=4 All changes saved2. A group is planning a multimedia presentation on the history of computers. Which of the following might be a helpful addition to the presentation?O text explaining how to code an audio file of someone keyboardingO music from a video gameO photos of the earliest computers X cubed = 343^-1 find the positive value of x The ratio of the volumes of two similar solid polyhedra is equal to the square root of the ratio between their edges. True or False? HELP QUICK PLSSSSS If an investor has a choice of investing money at 6% compounded daily or 6.025% compounded quarterly which one is best what the recipe of momo Find the missing side length. Leave your answers radical in simplest form. PLEASE HURRY