Law Questions

Canadian Law2006Answer to Problem 11 (a )Wilson leave behind be favored in obtaining the remedies he seeks . It is basic in narrow-minded d give birth honor that any squinch is a brush of the minds of the parties thereto and much(prenominal) musical arrangement would serve as truth between the promise parties . The restrictive covenant where Ivanov promised not to own , operate or work for a barber blackleg within a radius of ten kilometres from the shop he sold to Wilson was hold fast upon him and his act of working for some other barbershop within the contract s limits was a violation thereofAs a common rule , contractual stipulations that detain trade or vocation ar considered void for organism against public policy Nordenfelt v . Maxim Nordenfelt Guns Ammunition Co , the law allows for exceptions , however , when the contract involves the sale of a craft and where the terms and conditions oblige are commonsensible . In this skid the restriction imposed on Ivanov in his calling is reasonable because it was limited as to the fourth dimension (5 years ) and place (10 kilometres . Ivanov was not completely stripped of his financial support but merely stipulation reasonable limits which he current through writing as part of the consideration for the bribe of his business enterprise . Regarding the numerate of 800 ,000 as liquidated alter , however , the court of law will have to pare the amount equitably for being unconscionably uppity . It has been held in Thermidaire tummy . v . H . F . Clarke Ltd . [1976] that the court may foreshorten any liquidated damages concur upon if it is found to be a grossly excessive and punitive response to the problem to which it was address . In this case , the amount of 800 ,000 is clearly excessive considering that it constitutes much th an ten times the appreciate of the property! sold .

By no stretch of image can it be reassert as compensation for Ivanov s trial to respect the limitation imposed by the contractSimply stated , since Ivanov did not perform his part of the agreement he must be compelled to pay the normal damages but not the excessive liquidated damages agreed upon . take out any covering of bad faith , fraud or illegality , the contractual stipulations alkali as law between the promise parties and they must be complied with completely . The court will demo damages to Wilson coextensive to the injury caused by Ivanov in weakness to comply with his certificate of indebtedness . In addition , the court may enjoin Ivanov from practicing his pro fession within the ten-kilometre and five-year limits set by the contract1 (b )Wilson will probably kick upstairs the suit . The consideration for Wilson to enter the contract consisted of the entire business including the subject computers . Without any knowledge of the will power of the computers precedent to the signing of the contract , Wilson is considered an innocent party and had every adept to assume that no problems would arise out of the motion . By failing to disclose the lack of ownership of the computers , Ivanov s lawyers act misrepresentation that would make them liable for...If you want to get a sufficient essay, order it on our website: OrderEssay.net

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