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Foundation of commercial law assignment

   

Added on  2021-02-21

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FOUNDATION OFCOMMERCIAL LAW
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Table of ContentsINTRODUCTION...........................................................................................................................3FACTS OF THE CASE...................................................................................................................3DECISION AND RATIONAL OF THE CASE..............................................................................4ANALYSING THE DECISIONS...................................................................................................5CONCLUSION................................................................................................................................6REFERENCES................................................................................................................................7
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INTRODUCTIONCommercial law refers to such law which is mainly imposed on business to protect therights, conduct the values and norms which is to be maintained at the time of entering intocontract. The laws are mainly based on civil and criminal activity and than accordingly thejudgement is to be undertaken. The whole report is based upon the case study of Donau Pty Ltd vASC AWD Shipbuilder Pty Ltd (2019) NSWCA 185 in which the various factors are determinedin perspective of contract law1. In this the Donau Pty Ltd is the appellant and ASC AWDshipbuilder Pty Ltd is the respondents. This case study reflect the situation of the air warfare. Ascommon wealth entered into the project with ASC AWD shipbuilders regarding the parts of theships. ASC entered into the sub contract with the three companies Donau Pty Ltd (ForgasEngineering Pty Ltd), New castle based civil and defences shipbuilders. Forgacs and ASCentered into such contract in 2009 which is under the original contract. The contract is entered onthe bases of delivering the parts of the ships through which they can assemble at the end of thereceiving the delivery. The subcontract was also on the bases of formula regarding the ForgacsFees for completing this projects.The decisions regarding payment is based on the payable fees. Issue arises in respect ofparties entered into the Heads of agreement in which the matters is related to payment to theappellant2. The appeal is raised regarding payment to be made under second HOA. As by notmanaging the payable fees of the Forgacs it results in terminating the terms regarding paymentwhich is to be made within stipulated time.FACTS OF THE CASEThe appeal is filled in the supreme court and the decision is declared on 26th July 2019by Bell P, Basten JA and Emmett AJA. The facts on the basis of which the decision is mainlyfocused on regarding the appeal which is made on the bases of managing costs. As second appealis made regarding terminating the procedure for payment. At the time of entering into anycontract it is made with for a certain time period and also if both the parties agree to dismiss any1The concept of reasonable time in contract law: the Court of Appeal resets the clock inDonau v ASC. 20192Beale, H., Fauvarque-Cosson, B., Rutgers, J., & Vogenauer, S. (2019).Cases, materials and text on contract law. Bloomsbury Publishing.
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