You are advising the founders (Dad and Daughter Delightful) of a new business “Delightful Developers”. They have asked you to advise them about their following concerns:
1.You are advising Dad Delightful: ?He accepted a lift to site in Careless Carl’s van. They were both late for a meeting. ?Careless Carl drove well above the speed limit, skidded and crashed into a wall. ?Dad Delightful was injured but it was made worse because he was not wearing his seat belt. Including reference to case law, advise Dad Delightful about a possible negligence claim against Careless Carl.
2.The founders are planning to buy a freehold plot of land to develop with money borrowed from a bank. Delightful Developers are worried that others may continue to have rights over their property.With reference to case law, explain the following: a.a mortgage; b.easements; c.restrictive covenants; and d.adverse possession.
3.The founders are worried about the consequences of being in breach of contract. Advise Delightful Developers of the basic elements required for the formation of a contract and the basis on which damages for breach of contract are calculated. The founders are considering trading in partnership or forming a company. With reference to the relevant legislation, explain the key features of a partnership and a company. Conclude, with reasons, whether Delightful Developers should trade as a partnership or as a company.
Legal Advice for Delightful Developers
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