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

PLZ HELP ASAP I NEED HELP PLZ!!!!!
Write the following sentence in the acting (active) form.
The lights are turned off by my dad.

Answers

Answer:

My dad turned off the lights

Answer:

My dad turns offs the lights.

what are some setting in the book scythe with quotes

Answers

Answer:

Scythe Quotes

“Hope in the shadow of fear is the world's most powerful motivator.” ...

“Without the threat of suffering, we can't experience true joy.” ...

“I think all young women are cursed with a streak of unrelenting foolishness, and all young men are cursed with a streak of absolute ”

Explanation:

hope it helps

1
Select the correct answer.
Read this excerpt from Nathaniel Hawthorne's The Scarlet Letter
"And thus, while standing on the scaffold, in this vain show of expiation, Mr. Dimmesdale was overcome with a great horror of mind, as if the
universe were gazing at a scarlet token on his naked breast, right over his heart."
Which subgenre of fiction is this work?
OA.
historical novel
OB
romance
Oc
realistic novel
OD
bildungsroman

Answers

Answer:

OB

romance

Explanation:

The Scarlet Letter by Nathaniel Hawthorne is a romance.

Answer:

The correct answer is OB romance.

Plot summary of Scarlet Letter :-

The novel is set in a village in Puritan New England. The main character is Hester Prynne, a young woman who has borne a child out of wedlock. Hester believes herself a widow, but her husband, Roger Chillingworth, arrives in New England very much alive and conceals his identity.

Learn more about Nathaniel Hawthorne's The Scarlet Letter here brainly.com/question/17152116

#SPJ2

When you read a work and then identify and organize the key points, what can you find?
O The central idea
The publication date
The response topic
O The discussion board

Answers

Answer:

The Central Idea

Explanation:

Adding up the key points of any storyline leads to the conclusion of the central idea

Which statement most effectively conveys how cultural
viewpoint affects the text?

It shapes the point that Tara Charan needs a proper
mate.

It shapes the idea that only some people are allowed
to marry.

It shapes the fact that Kunda needs a place to live.
It shapes the notion that marriages are made based
on love.

Answers

Answer:

C) It shapes the point that Tara Charan needs a proper mate.

Explanation:

I took the unit test

I am confused on this problem, taking a test
Select the correct answer from the drop-down menu.
Read the excerpt. Then choose the correct way to complete the sentence.

The rhetorical appeal found in this excerpt of the speech is

Answers

Answer:

Pathos, because it appeals to audiences feelings of unity and patriotism

Explanation:

Pathos is a way of writing that you tap into people's emotions and feelings

A compound sentence is at least two independent clauses joined by a comma, semicolon or conjunction. For example, "My mother is beautiful, and my auntie is cute."


Please, write a compound sentence about things that make you happy.

Answers

Answer:

I love watching movies, and spending time with my friends.

Explanation

Does the following sentence use coordination, subordination, both, or neither?
The cartoon strip also shows Calvin's acrimonious relationship with Suzie Derkins, the little girl who lives next door.
O A. coordination
O B. both
O C. subordination
OD. neither

Answers

Answer:

The correct answer is

Explanation:

The sentence is using coordination. The answer is exactly correct and I am a 100% sure.

Hope this helps....

Have a nice day!!!!

Answer:  Neither.

The word, also, can be used as a coordinating conjunction, but here it is an adverb, modifying shows.

Explanation: If the sentence had two clauses connected by also it might have coordination.

The cartoon strip shows Calvin's friendly relationship with the mythical tiger, Hobbes, and it also shows Calvin's acrimonious relationship with Suzie Derkins, the little girl who lives next door.

In this example, there are two sentences connected by the coordinating conjunction pair: and also.

How did companies like NBC™, whose radio shows were free, make money?

Answers

Answer:

Companies bought time from the radio network to run ads for their goods and services. NBC™ was not in business to make a profit. NBC™ sold off radio stations to several new companies, one of which formed ABC™

ere
English composition

Answers

Answer:

ere means before. It is an archaic term that is outdated and no longer used by the contemporary people.

went to the lake.
is that a sentence or a fragment​

Answers

Answer:

FRAGMENT DUH

Explanation:

SILLY GOOSE, pay attention to your class!

lol

If an author wanted to write a book that showed the humor and the tragedy of life in a distant country, he or she would most likely write alan
A. parable
B. tragicomedy
C. satire
D. allegory

Answers

Answer:

... he or she would most likely write a/an:

B. tragicomedy.

Explanation:

Parables are short stories, usually easy to understand and that have a moral lesson at the end. Jesus, for instance, used to preach by using parables, so that even simple people would learn the lessons he wanted to convey. We can eliminate this option.

A satire does use humor, but its purpose is to expose the vices and imperfections of certain people, especially of those in power. Its purpose is to ridicule them. We can also eliminate this option.

An allegory is a story that carries a hidden meaning. A famous example of allegory is George Orwell's "Animal Farm", in which the animals and the events are representations of the Russian Revolution. This is also not the choice we are looking for.

The best option is indeed letter B. tragicomedy. This literary genre is a mix of humor and tragedy, of comedy and sadness. The instructions tell us the author wants to write a book to show "the humor and the tragedy" of something. There is no better choice than a tragicomedy.

Answer:

B. tragicomedy

Explanation: hope this helps :)

Which theme is apparent in this excerpt from Jane Austen's Pride and Prejudice?

Answers

Answer: The answer is prejudice.

Explanation: Preconceived opinion that is not based on reason or actual experience.

Answer: prejudice

Explanation:

That’s the correct answer on plato

Why was Antiochus Epiphanes hated by the Jews? select all that apply


He erected a statue in the Temple to a heathen god, Jupiter Olympius.
He sacrificed a lamb on the Temple altar.
He forced the Jews to learn the Greek language.
He sent women and children into slavery.
He prevented the Jews from obeying the requirements of the Law of Moses.
He was a cruel ruler who killed thousands of Jews.

Answers

He was a cruel ruler who killed thousands of Jews.
He sent women and children into slavery.
He prevented the Jews from obeying the requirements of the Law of Moses.
He erected a statue in the Temple to a heathen god, Jupiter Olympius.

Question #1: Choose the answer that makes the sentence most effective. All meetings were scheduled to begin at nine o'clock in the morning. A.All of the B.Every one of the C.This sentence needs no change.

Answers

A. All of the...

All of the meetings were scheduled to begin at nine o'clock in the morning.

Which statement best explains the motivation for the
narrator's mother to introduce her daughter to
everyone they meet?
She wants to adhere to the customs of the Chinese
community
She wants to satisfy people's curiosity about her
daughter.
She wants to share in her daughter's
accomplishments
She wants to exert control over her daughter.

Answers

Answer: The correct answer is that she wants to share in her daughter's accomplishments.

Explanation:

In this story, we watch as the daughter becomes particularly good at chess, which is outside of Chinese culture, and the daughter was supposed to be doing chores and helping out around the house. However, since the American society they've found themselves in welcomes chess, her mother supports her and shares her accomplishments with the people they meet.

Answer:

C

Explanation:

How many year you in wold

Answers

Answer:

I have more than 400 years

Explanation:

At first people were afraid to speak out against the general. But as the unrest grew, more and more people poured into the streets to protest rising prices and falling wages and demand an end to autocratic rule. What does "autocratic" mean as it is used in this reading? Use this dictionary entry to help answer the question: -cratic (suffix) type of government

Answers

Answer:

-cratic means "a type of government". So, we know that "autocratic" is a type of government.

We also know that "auto" means "self". If you put "auto" and "cratic" together, you get a "self type of government".

So, in the reading, we can say that "autocratic" is a rule where only one person carries all the power in the government, like a dictatorship. We can also tell that an autocracy is a negative thing, as people are afraid of the government and there is political unrest.

Hope this helps!

Autocratic as used in the sentence indicate a general who does not listen to what his people are saying or their complain.

What is autocratic government?

This type of government dictate, they do not hear people's complain to improve on it.

They act just as they want.

Therefore, Autocratic as used in the sentence indicate a general who does not listen to what his people are saying or their complain.

Learn more on autocratic government below,

https://brainly.com/question/3710016

#SPJ9

kind of this sentance ?

Ali is a boy.

Answers

Answer:

assertive sentence....

Explanation:

and pls mark this ans as brainlist ans

II. Choose the word whose stressed syllable is different from that of the others.
1. A. education B. professional C. alternation D. preparation
2. A. secure B. nation C. vision D. ready
3. A. promotion B. performance C. correction D. dangerous
4. A. alternate B. discussion C. satisfy D. commuter
5. A. comfort B. install C. neighbor D. motion
6. A. graduation B. technology C. activities D. security
7. A. satisfaction B. television C. entertainment D. informatic
8. A. difference B. vegetable C. suggestion D. physical
9. A. prepare B. announce C. discuss D. notion
10. A. sometimes B. question C. station D. receive

Answers

Answer:

1.    B

2.   A

3.   D

4.   A and C are the same; B and D are the same !!

5.   B

6.   A

7.   A, B, C, D all have the same stressed syllable !!

8.   C

9.   D

10.  D

Explanation:

One direction
is
the
new
singing
song

Answers

Answer:

indeed more people are liking and listening to it these days.

Well, still the OG up to these day. Can't lie.

In a raisin in the sun, why is Ruth upset when she learns that she is pregnant? What are her plans for the baby?

Answers

Answer:

she doesn't want the baby

Losing a pet or a loved one can be very difficult

Question: what are some ways the family coped with the loss of Daisy

Book: Wonder

Answers

Answer:

they kept supportive and helped eachother out

ps. WOnder is my favourite book and movie

change these sentences into negative and interrogate sentences​

Answers

Answer:

1. Does he goes to the market?

He does not goes to the market

2. Does Ram plucks the mango?

Ram does not plucks the mango

3. Do you sing a song?

You do not sing a song

4. Do they play  in the garden?

They do not play in the garden

5. Do I write a letter?

I do not write a letter

Explanation:

e) Education should be compulsory and free for all
Citizens why ? Give practical reasons for your
argument.​

Answers

Answer:

Explanation:

People are human resource. They help in converting a substance into a resource. They can do this only if they have knowledge, technology and skill to do so. So they need to be educated. If there is no education, then the people will not get any knowledge , will not acquire any skills and will not be able to develop the technology for the development of the country. In many places, the people do not educate the women. Also the poor do not have enough money for education. This is not right. They also help in the development. So education should me made compulsary and free for all including all men, women, children, rich, poor etc. so that they can also contribute towards the development of the country.

Hope this helps

Plz mark as brainliest!!!!

Work individually. Think of your own reading experience and write a paragraph of 150 – 200

words. Use the following questions to guide you.

1. What books or texts did you read when you were in high school?

2. How did you read them? Did you read them all in similar ways? Did you use different

ways of reading? If different, what were the ways?

3. Do you think your reading in the past was effective? Why or why not?

4. Do you think you will need to change the way you read for your university study?

Explain.

_____________​

Answers

Answer:

While I can't just write up a paragraph for you ( Twould be plagarism ), I can certainly help. List the books you read in high school, and in the ways you read them ( quickly, slowly, methodically, excitiedly, ect. ect. ) Example: " I read War and Peace when I was in high school, and while at first I felt a bit overwhelmed, as I continued, I began to get more and more engrossed in the book, the plot, and fell in love with all the characters. It made me realize that I should slow down and learn to enjoy the book for what it was, not just words, but an art well worth taking the time to appreciate. " and then continue to say how if you were to read another book like it, how you could/would read it, maybe differently, or the same if desired so.

Explanation:

It's alot easier to finish once you start, trust me :)

What word in the English language does the following: the first two letters signify a male, the first three letters signify a female, the first four letters signify a great, while the entire world signifies a great woman. What is the word?

Answers

Answer:

heroine

Explanation:

1st 2 - he; signifies male. 1st 3 - her; signifies female. 1st 4 - hero; signifies a great man whole word - woman hero.

HOPE THIS HELPS!!!! :)

What positive impacts has technology had on society

Answers

Answer:

Makes live easier.

Explanation:

It helps easy communication simple. Easy to locate each other.

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:

https://brainly.com/question/4012383?referrer=searchResults

Which statement best describes how Nixon’s resignation speech and the Washington Post article on the resignation address the same subject in different ways?

Answers

Answer:

The statement is:

The speech offers a subjective or biased view of the resignation, while the article gives an objective and unbiased record of it.

Hope this helps.. Good luck!

Other Questions
Find the distance between the points (-4, -2) and (-8, 6) A town with a small airport is served by two competing airlines. Which of the following strategies would make the airlines more likely to compete on price?a) The airlines fly identical planes, with the same type of seat and the same amount of legroom for customersb) One airline offers meals on board every flight while the other serves no meals but has fewer delayed flightsc) Each airline offers flights to a different set of other citiesd) The airlines offer loyalty programs, motivating existing customers to continue to fly with them Multiply. 6x15xy20 Please answer as quickly as possible Find the equation of the line thatis parallel to y = 4x + 1 andcontains the point (1, 1).y = [? ]X + [ ] If the graph of y=|x| is translated so that the point (1,1) is moved to (4,1) what is the equation of the new graph? Which slow, stately dance captured the attention of European kings and queens for over 150 years? The lines shown below are parallel. If the green line has a slope of -2, what is the slope of the red line? A.2B.-2C.D.- It takes Serina 1.72 hours to drive to school. Her route is 47 km long. What is Serina's average speed on her drive to school? Your Answer : Do you think cystic fibrosis or muscular dystrophy, genetic disorder, would show up in a person's DNA fingerprint profile? Explain your Reason Please. through: (3, - 3); slope = 2/3 round to the nearest place value shown The probability distribution of number of televisions per household in a small town is given below.x 0 1 2 3 P(x) 0.05 0.15 0.25 0.55a. Find the probability of randomly selecting a household that has one or two televisions.b. Find probability of randomly selecting a household that has one or two televisions If Q(x)=x26x2, find Q(4). a cylinder with radius 7 and height 4 is in table,then find its volume? Researchers decide to find one customer who is willing to speak to them about their donut consumption. Apparently, this customer only started patronizing a certain caf chain two months ago. Around the same time, she began experiencing migraine headaches. The researchers decide to do an in-depth analysis of this one case. What type of study is this? Case Study Prospective Cohort Cross-Sectional Correlational please help me i need right now a swift can fly at 160km/h. what is the speed in m/s? show clearly how you worked out your answer. PLEASE HELP ME OUT I NEED IT RIGHT NOW!! :((( I need help with this question I added an image so yall can see ! whats the ph for a solution poh4 9.78 concentration of solution