Commercial Law Case Study

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contract Kallesi have no rights to do so. According to the case of Wade v Waldon 1909 S. C. 571. Wade, a comedian has made a contracted with Waldon to appear in one year’s time at a Glasgow theatre. In the contract stated that Wade need to give 14 days’ notice before performance and also supply a publicity material and he fail to do both and Waldon have call of the entire contract. The court said that it is true that wade have violate the contract but it was a non-material breach and Waldon could not terminate the contract but he can ask Wade to pay for the damages as he repudiate the contract.

On the other hand, according to the agency law Maya are Kallesi’s agent and she is responsible for making orders of various kinds for the hotel. As an agent Maya’s duty was to obey the instruction. According to the case Gilmour v Clark (1853) 15 D 478, Gilmour gave instruction to Clark, a carrier, to take goods to the docks and put them on a ship called the Earl of Zetland. Unfortunately, Clark have put the goods on a ship called the Magnet. Then, the ship sank and the goods were lost. The case has been held and Clark was liable to Gilmour for the value of the goods. In Maya’s situation, Maya is liable for all the goods that she had ordered because she disobey the instruction of the principal. The third party could not be blamed because they did not know that Maya is an agent and they did not know what is Maya’s condition with the owner. On the other hand, Kallesi need to minimise the damages that had been done by Maya for disobeying her instruction.

The conclusion is, Maya is liable for all the order that she has been made by her which is the two of the various kinds item for the hotel and the several boxes of expensive shampoo and shower gels. The other two orders have been paid by Kallessi and it will consider as he approve those orders. Kallesi also have the rights to terminate the contract of Maya as the manager of the hotel due to the material breach that had been done by her but if he wants to give another chance to Maya he can continue Maya’s contract but Maya need to pay for the damages. The third party has nothing to do with their contract because they did not know what are the restriction in the contract between Maya and Kallesi.

b)

If Kallessi Mc Tavish and Maya Stork cannot settle this dispute, they will be heard in the Sheriff Court. W. Green stated that “Sheriff court is the busiest local court because it deals both civil and criminal cases but for the criminal cases, the Sheriff courts can only be heard for minor crimes and offences only. There will be no jury in this court, the case is heard by the sheriff only. The sheriff’s power has been limited by the Criminal Procedure (Scotland) Act 1995 to 12 months’ imprisoment and/or a fine up to 10,000 Pounds according to W.Green. There are six sheriffdoms in Scotland and each of the sheriffdoms will have a sheriff principal and usually the sheriff principal is from the senior member of the bar. The jurisdiction of the sheriff court can held to the action of debt and damages without any limits so that the sheriff can dealt with the case involving thousands of pounds.

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