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Legal Hw2 Essay

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Below is an essay on "Legal Hw2" from Anti Essays, your source for research papers, essays, and term paper examples.

(a) What are the legal remedies available to KittyPacific, if any, under the laws of Hong Kong? Explain. Enforceable Contract To explore legal remedies available to KittyPacific, one has to first look if there exists an enforceable contract between KittyPacific and HumanSoft. It is apparent that by entering into the commission agreement to develop a program in exchange for a fee, the three criteria namely 1. Agreement between parties, 2. Consideration and 3. Parties have intended to create legal relations are met. Based on the facts, it is also fair to assume that the contract is concluded in Hong Kong and therefore KittyPacific can seek legal remedies under the laws of Hong Kong. The rights and obligations under a contract is governed by contractual terms and also implied terms under Sale of Goods Ordinance (Cap 26) when we are dealing with the sale of goods. It was decided in St Albans v ICL that software is not goods, but where software is sold through a tangible medium (i.e Part A of the software via CDs) the implied terms as to quality and fitness for purpose under SOGO would apply. Part B of the software although not transferred through a tangible medium (i.e. Part B installed from server), the court may imply a term that the software has to be reasonably fit for its intended purpose. The intended purpose of the software is to schedule the work shifts complying with labour regulations in the airline industry. Given the implied terms identified, the issue we have to deal with now is whether those terms are breached and to what extent. The facts in the question suggest that the software produced schedules that do not always comply with labour regulations and would sometimes assign the same pilot or crew to work on two different flights at the same time. These facts are in direct conflict with the intended purpose of the software and would suggest a breach of the implied terms as to the quality and fitness for the intended purpose of the software. KittyPacific...

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"Legal Hw2". Anti Essays. 13 Dec. 2018

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Legal Hw2. Anti Essays. Retrieved December 13, 2018, from the World Wide Web: http://teachingsail.com/free-essays/Legal-Hw2-628923.html


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