Law of Commerce
question four
what are the necessary elements that must be present for a person to be classified as a trespasser?
consider the context of a homeowner with unruly guests, or a business with unruly patrons. apply the
trespass to property act in your answer.
question 5
explain with reference to decided cases, what a person must do to establish negligence. expand on the
tests which may be applied and discuss what remedies and defence are available. how does negligence
relate to professional liability?
question 6
explain the types of mistake and the types of misrepresentation which can give rise to a court being
required to interpret a contract. what remedies are appropriate to each type?
question7
distinguish among duress, undue influence, and unconscionability and give two examples of each.
describe the remedies available for each type.
question8
LAW OF COMMERCE 2
describe the types of assignments which may occur. give two examples of each. consider what
requirements are necessary to make an enforceable assignments.
Trespass is the invasion of another person’s possession without his consent thus
interfering with his property rights. The main elements of trespass are unlawful intrusion to the
property, the use of force, intent of intrusion, and the subsequent injury to the owner. For one to
enter into someone’s property, the law requires that he or she should first seek the consent of the
owner in order to avoid violating the other person’s rights. The failure to inform the owner
would amount to trespass, leading to possible prosecution in the courts of law (Sealy & Hooley,
2008).
For negligence to occur, the defendant must owe a duty recognized by the law to the
plaintiff, failure by which would lead to possible harm as was the case in Bolton v. Stone.
Negligence are highly related to professional practice, such as medical profession, where the
doctors are expected to observe a high code of professional conduct. The remedies that are
LAW OF COMMERCE 3
available for negligence are refund of the fees paid, compensation for the lost property, and
compensations.
There are several mistakes that are concerned the commercial law such as the unilateral
mistakes, mutual mistake, and collateral mistake among others. Mutual mistake occurs from the
misrepresentation of the material fact in relation to a subject matter in discussion whereas the
collateral mistake does not afford the right of rescission. The remedies that are available for both
mistakes are rescission where the contract is fully cancelled or reformation where a written
agreement is changed to reflect the interest of both parties.
In the context of commercial law, duress has been defined as a threat of harm made to
compel a person act against his will whereas undue influence is the act of taking advantage of the
other person due to your position in power. On the other hand, unconditionally is the act
providing inconvenience to others by disobeying the law (Sealy & Hooley, 2008).
Reference
Sealy.L. S & Hooley, R.J. (2008). Commercial Law: Text, Cases, and Materials. Oxford
University Press; 4th edition
