Flk1 Mock 29 Nov

Question 1

Can a uk act impliedly override a clearly defined rigth granted in withdrawal agrement?

Answer 1

No, the provisions of the Withdrawal Agreement that meet the criteria for direct effect will override conflicting national law. This is the case even where the national legislation is enacted after the Withdrawal Agreement came into force, as Factortame (No 2) makes it clear that the doctrine of implied repeal does not apply in this situation.

Question 1

Exemption clauses, implied term in CRA s49 rememdy?

Answer 1

If the service breaches:
Section 49 (reasonable care and skill).
Section 50 (performance-related terms included in the contract).
Section 52 (performance within a reasonable time).

consumer can demand repeat performance but is entitled to a price reduction if repeat performance cannot be carried out within a reasonable time.
Consumers can seek other remedies instead of or in addition to repeat performance or price reduction, including:

Claiming damages.
Recovering money paid where consideration has failed.
Specific performance or orders for specific implement.
Ending the contract for a fundamental breach.

Question 2

contract damages what losses can be recovered in b2b reach

Question 3

Company- req for a short notice gen shareholder meeting

Answer 3

90% shareholder agreement to it.