Creative Writing On Law

Question 1

Ann’s cause of action lies in negligence. She can sue the owner of the vehicle and the police for their negligent acts. Zsike leaving the car running was negligent. The police giving chase at high speed without regard to other road users was negligent. The question that should be answered is whether the parties owed Ann a duty of care, whether they breached that duty and whether that breach occasioned injury.
In this case it may not be easy to succeed against Zsike. The owner of the motor vehicle was negligent but her action of leaving the car running was not the proximate cause of the accident. She could not foresee that her action of leaving the car would cause injury to any other party. Causation is lacking from her action. The accident was not a consequence of her action. It was not foreseeable that a thief would get into her car and that the police would give chase.
Ann can only successfully claim against the police. The police in the conduct of their duties owed other members of the public a duty of care. They could equally foresee that the high speed was dangerous to other road users and that an accident was imminent.

Question 2

Under the substantial performance rule, the innocent party in a contract is required to fulfill his payment obligation even though there are certain defects in the performance of a contract. It is contrary to the “strict tender” rule which requires that all the specific details of a contract are met.
There are three conditions that must be met for the substantial performance rule to apply. The court will consider the benefits received by the innocent party, whether damages will be sufficient compensation for the deficiencies in the contract and the extent of bad faith of the party at fault.
Strict performance should not be insisted on because commercial transactions would be hindered if the courts were to insist on strict performance. An innocent party can easily frustrate a contract due to some minor defects that do not go the root of the contract. So long as the substratum of the contract is not destroyed by the breach, the innocent party should be obligated to pay for the service rendered. If for example, a contractor performs 90 percent of the contract to the expectation of the other party, it would be unfair to render the contract void. As much as a party is entitled to their bargain insisting on strict tender would frustrate many contracts hence making businesses almost impossible.

Question 3

The organizations are beneficial in promoting international trade. The organizations ensure that equality is promoted in international trade relations between states. The trade concessions and reduced trade tariffs offered to state parties promote mutual relations in the world of commerce. Through these organizations countries have an opportunity to expand their export markets. This is an opportunity for growth even for developing nations. These organizations also ensure globalization in trade.
However, there are certain disadvantages that the organizations present especially to developing nations. The requirement that the members nations should have market oriented economy posses challenges to the developing nations as they have to compete with other stronger world economies. Infant industries may not be easily developed in developing nations if some level of tariff protection is not offered. The plight of developing nations is not considered in the WTO arrangements.