Law Bridging Assignment
Question 1
Issue:
The issue of this question is to discuss the offences committed by the three China bus drivers who went on strike. Apart from going on a strike, these bus drivers also threatened their fellow colleagues and will be charged for disrupting essential services of the country.
Rule of Law:
The first offence is the Breach of Contract. It means failing to perform any term of contract, written or oral, without a legitimate excuse.1 A party may commit this offence by repudiating his liability under the contract before the time for performance is due. Repudiation can be Actual or Anticipatory.2 An example of a breach of contract would be the failure to supply goods or perform a service as agreed. This can be seen in the case between Hochster v De La Tour (1853).3
This is followed by Duress. This is when a person is forced to enter into a contract by violence else the person will be threatened if the person refuses. For a contract to be valid, the parties must act freely. All contracts must end at your own freewill without any force or threat. An example of this law is the case between Barton v Armstrong (1976). In this case, the defendant has threatened to kill the plaintiff if the plaintiff did not enter contract therefore the court held that the plaintiff could set aside the contract as it was not favourable.4
Lastly, there is the law of Conspiracy. It states in the study guide that this law is committed when two or more persons commit the tort of conspiracy if they agree on a course of conduct to harm another.5
There are various elements to establish conspiracy. An example would be employees who plan to resign from their job at once and together, and depending on the situation, negatively affecting the employer’s business hence suffered a loss as a result. This can be seen in the case; Wu Yang Construction Group Ltd v Zhejiang Jinyi Group Co Ltd.
Application of Law to the Facts:
The China bus drivers committed a breach of contract as they
Issue:
The issue of this question is to discuss the offences committed by the three China bus drivers who went on strike. Apart from going on a strike, these bus drivers also threatened their fellow colleagues and will be charged for disrupting essential services of the country.
Rule of Law:
The first offence is the Breach of Contract. It means failing to perform any term of contract, written or oral, without a legitimate excuse.1 A party may commit this offence by repudiating his liability under the contract before the time for performance is due. Repudiation can be Actual or Anticipatory.2 An example of a breach of contract would be the failure to supply goods or perform a service as agreed. This can be seen in the case between Hochster v De La Tour (1853).3
This is followed by Duress. This is when a person is forced to enter into a contract by violence else the person will be threatened if the person refuses. For a contract to be valid, the parties must act freely. All contracts must end at your own freewill without any force or threat. An example of this law is the case between Barton v Armstrong (1976). In this case, the defendant has threatened to kill the plaintiff if the plaintiff did not enter contract therefore the court held that the plaintiff could set aside the contract as it was not favourable.4
Lastly, there is the law of Conspiracy. It states in the study guide that this law is committed when two or more persons commit the tort of conspiracy if they agree on a course of conduct to harm another.5
There are various elements to establish conspiracy. An example would be employees who plan to resign from their job at once and together, and depending on the situation, negatively affecting the employer’s business hence suffered a loss as a result. This can be seen in the case; Wu Yang Construction Group Ltd v Zhejiang Jinyi Group Co Ltd.
Application of Law to the Facts:
The China bus drivers committed a breach of contract as they
References: casebrief.me, Home, Torts, Smith v Leech Brain. (n.d.). Retrieved from http://casebrief.me/casebriefs/smith-v-leech-brain/ e-lawresources, case summaries, Hochster v De la Tour. (n.d.). Retrieved from http://www.e-lawresources.co.uk/Hochster-v-De-la-Tour.php Goldsmith International Business School, Free Resources, Breach Of Contract Notes, Page 1. (n.d.). Retrieved from http://www.goldsmithibs.com/resources/free/Breach-of-Contract/notes/Breach-of-Contract-Remedies.pdf Straits Times, Breaking News, SMRT statement on mainland Chinese bus drivers ' protest. (2012, November 26). Retrieved from http://www.straitstimes.com/breaking-news/singapore/story/smrt-statement-mainland-chinese-bus-drivers-protest-20121126 (2013). Lecture Slides. In M. R. Lange, Business Law (p. 27). (2013). Study Guide. In M. R. Lange, Business Law (pp. 77-78). (2013). Study Guide. In M. R. Lange, Business Law (p. 117). (2013). Study Guide. In M. R. Lange, Business Law (p. 81). (2013). Study Guide. In M. R. Lange, Business Law (pp. 105-111).