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Individual Assignment 22

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Thai Ngoc Minh (K17 DN)
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60 views2 pages

Individual Assignment 22

Uploaded by

Thai Ngoc Minh (K17 DN)
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
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INDIVIDUAL ASSIGNMENT

(5 points) Please brief a case;

You might use some cases for reference:

1) Polaroid Corp. v. Polarad Electronics Corp., 287 F.2d 492 (2d Cir. 1961)
2) Hughes v Lord Advocate [1963] AC 837
3) Francis Nemeth v. Brenntag North Amercia [2022]
4) Liebeck v. McDonald's Restaurants 1995 WL 360309 (Bernalillo County, N.M. Dist. Ct. 1994)
5) Caparo Industries v Dickman [1990] 2 AC 605
6) Gibson v. Manchester City Council [1979] 1 WLR 294
7) Carlill v Carbolic Smoke Ball Co. [1893] 1 QB 256
8) Tesco Stores v Connor Frederick Pollock [2006] EWCA Civ 393
9) Thomas v. BPE Solicitors (a firm) [2010] EWHC 306 (Ch), [2010] All ER (D) 306

In addition, you might use any civil cases at your option; it is not compulsory to
use the abovementioned;

(2.5 points)

Smith Company and Peter Company entered an agreement in which Peter Company has to
transport 200 products in trucks to Smith’s warehouse in Vietnam. The parties agree that:
"Peter Company is obliged to preserve the goods during transportation. If damages occur,
Peter must be responsible for compensating for the damages." However, while Peter was
delivering the products, there was a big storm. Although Peter tried his best, approximately
55% of the products on the trucks were damaged. Smith then asked Peter to compensate for
all the damaged products.

1. Assuming the delivery agreement between Smith and Peter is established verbally, is it
recognized by law?

2. Is Peter Company liable for compensation?

(2.5 points)

On 2 Jan 2019, Smith hired Peter to harvest durians for 5 million VND. Smith’s durian garden
was located along the road to his commune. To prevent other people in the commune from
passing by, Smith hired Kevin, who was 09 years old, to stand near durian trees to watch and
tell people not to go to or stay near the durian trees. As being occupied with his game, Kevin
did not realise that Mrs. A had come near a durian tree on which there was Peter. Peter then
accidentally dropped a durian and hit Mrs. A's shoulder, causing her to be hospitalized for
treatment which cost approximately 20 million VND.

Who must compensate for Mrs. A?

Please use your country’s regulations for the abovementioned questions and give specific
reference to such regulations in your assignment.

Please keep in mind that

❖ Any assignments which are 15-20% identical will have ½ of their points deducted; If the
similarities account for more than 20%, that assignment will not be scored;

❖ Any assignments which are 15-40% of AI written will have ½ of their points deducted; Any
assignments which are more than 40% of AI written will not be scored;

No plagiarism exceeding 20% is allowed for the individual assignment.

Requirements for Individual assignment:

✓ Languages used is English

✓ The assignment is submitted in doc and pdf

✓ Harvard style is used for Bibliography and References

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