Contracts Law II_1st Lecture.txt

Oh, they're still here. The IT people, are they still here? The IT people. Yeah, that's the person I have. I don't know. Are they still here? I'm going to go check. And someone go and check if these IT people are still there, next to the MLT. Good afternoon. We meet again. And then, there are some o...

Oh, they're still here. The IT people, are they still here? The IT people. Yeah, that's the person I have. I don't know. Are they still here? I'm going to go check. And someone go and check if these IT people are still there, next to the MLT. Good afternoon. We meet again. And then, there are some of you that have just joined us. And I'm Jeff. Okay. There are people who are not here so we are able to use this introductory for our introductory lecture. So we'll do that on Thursday, right? Tomorrow is Wednesday, and we will not meet tomorrow, but we will meet on Thursday and Friday. You know, I really hate this hour. Tomorrow I'm going to talk about food and fire with no time. I'm starting to work my eyes out out of this. So tomorrow I'm going to be negotiating with you. The other lecture I'm taking is for civic networks, so we can swap C-Country 4 and 5-River for TN4. Alright, so, first things first, let me welcome you, those of you that have just joined us this semester, and those of you that have been with me since Season 1 and we continue our games together in Season 2 Welcome back! Actually, I missed you. So, welcome back! And I also want to welcome back one of our tutors, who is still with me, Mr. Nixon Popov. And so he is in fact about to stay with me for this year. And I think Brian might stay with me, but I'll check with him if you want to take the Friday lectures. So, good to meet you again, and we complete our journey together. Now, the subjects that still remain to be investigated and completed this semester, so that you can go on, move on with your careers, work around in contract form. Now, before we go into that, let's choose our password again for this semester. Last semester we had Mr. Sheldon Hila. I don't think he's here. You can't mistake it's him. and also these communities here so we have to choose new people but actually I don't want to choose new people I'm comfortable working with these two so I'm going to propose a motion to all of you motion is that we retain our 2 plus 1 from business 1 Those in favor say aye. Those against the motion, nay. The ayes have it. So we'll continue with our class reps, I'll be dealing with them as I've been dealing in the middle of the week, the last semester, perhaps a day. We've all had a bit of tangible, sorry, not tangible, before sometimes. Tangible, actually, I didn't have a tangible. And I got shocked when somebody told me that Tuesday afternoon is from three to four, so three to five. That's what a tangible looks like, it's three to five. And then some other people came and told me, It can't be 3-5, it's got to be 4-5, because 3-4 equals 6-11, right? So, I don't know who's running 6-11, so I'll be speaking to him about that tomorrow, and we'll deal with it. So we swap, he'll see that's a 4-5, and I'll do the 3-4. lecture. Right? The only difference is that I get to get away at 4 o'clock and I get to continue on at 4 o'clock. All right. We've got two other time tables there, but I'm sure we can't use this. We'll come back on Thursday and have our first lecture, introduce ourselves to what we'll be discussing this semester. But first of all, first on your topic, first on your outline, course outline, is we're going to be looking at what's known as vitiation practice. And then we'll go on to looking at bridges of contract. And then we'll go on to looking at remedies for bridges of contract. And then we're going to wrap it up by looking at time limitations within which one must bring an action for breaches of contract into a court of law. That's also very important. It's last on our topic because the right to take an action in a court of law for breaches of contract is not one that lasts forever. The law sets limitations within which people must bring their complaints to a court of law. And those limitations are there for good reason. People die, people migrate, evidence gets destroyed, people lose their memories, and so on. So it's there for evidentiary purposes so that within that statutory limitation of time, the evidence is still available. people migrate, and so on, and so on. So the limitations are there for a purpose. But first things first, we'll be looking at mitigation factors. That's when we come back on Thursday, we'll have a look at that. But what I intend to do, is to take you back, in that lecture on Thursday, take you back again to semester one, when we started, because we will not understand Michelin practice without re-looking again at what contracting is and what a contract is. So I want to do that so that we know what this is about, and then we'll be looking at the other subjects. Now the assessment scheme, we'll stay with the assessment scheme as we had in the first semester, an assignment, two tests, as well as a tutorial assessment. Now, did I get your class rep to, did I download the sample answers for the exam for last semester? Did I download to you sample answers for the exam for last semester? Did I? Yes Huh? Yes Are you sure? I thought I did Maybe I downloaded it to someone else That I met at Laman Oh, talking about Laman I'm going there again, to see my team, Blues, trash maroons again. Actually, if I had a choice, but Mamané is not actually a good place. It's so noisy. You can't hear a thing. You can't even hear yourself think. It's so noisy. Anyway, Mr. Popo and Ms. Gomar, Popo will be in charge of your tutorial exercises, and in charge of your tutorial group, would you like to start? Very much so. But as you wish, that's fine. Yes, well, we want to start on Thursday, and by next week, by this time next week we want to be well on our way in the program. So, the third session might start next week, might start depending on our lecture progress. The test and the assignment are actually ready. I was actually thinking of bringing the assignment today. But I'll wait until Thursday and I'll give you the assignment. Is that too early? It's never too early. So, I think we can leave early, but again I want to bring you back to the program of contract law. It's, like I told you at the beginning of the semester, last semester, contract law is the only discipline in law that affects each and every one of us very, very intimately. With other things like contractual authority, criminal law, for instance, unless you become a criminal, or unless you become a criminal law practitioner, which makes you a prosecutor, or a defense attorney, or counsel, you have very little to do with criminal law in your professional careers. And the other disciplines that people do, the first, second, third, and finally the other, they are also varied. But you most probably will not be coming in contact with the issue as you would a contractor. So, contract law is very, very exciting. I've always lived contract law. In my entire career, working life, I've defended contracts in four countries. are in Guam, Hawaii, Guam, and Hawaii are U.S. jurisdictions. But I'm a veteran in that jurisdiction. I've been able to appear in those jurisdictions. The World War I had to do with non-delivery of 25,000 vitamins for the KGBF. It was not delivered. You have to go and file a suit at the nearest U.S. court. And the nearest U.S. court in Beijing is going to have to file a claim there. And the judge was a lady, black, African American lady. She said, you know, counsel, you're probably in the NTS bank, I said. Well, this is a U.S. court. Why are you in the U.S. court? I said, man, I'm admitted here in this court. I presented my credentials to her, my certificates of admission and all, and then she accepted me and said, so what's your complaint, what's your matter here? And I explained that we paid for these rifles from the federal government of America, they haven't been delivered yet. So, I filed the pleadings And the federal government was given a couple days to respond. And then two weeks later, she rendered judgment in our favor. So I ordered the US government to deliver those rifles to James, and we got them. So the contract was very, very fascinating. Some of you will probably be out there and will venture out. Contract law is so big, you can actually break it down and specialize in one area. Remember I was telling you about the exemption clauses, the limitation and the exclusion clauses? Remember? Remember that? Well, let's just go one case. Recently, before your exam, our client, my client, at least, were flying 200 or so cartons of medicine too late, most of them too late, right? And over 200 boxes, 45 are missing. They've looked for it everywhere, but they can't find it. 200, 200, sorry, excuse me, 200, 147 boxes are missing, 200 minus 145 what's left, 200, 145, 55 boxes didn't get to lay The 145 didn't get too late, so they did an investigation, they looked for them everywhere, they've now been declared lost. And our clients have made a claim for African Indian kina against the airline, and lo and behold, they come back and say, They say, oh, but your clients ought to have read the limitation on the back of the ticket for goods. We only will pay three kina per kilogram. So 145 boxes, basically it amounts to 25 kina per kilogram. It amounts to about 7,500. They've limited their liability to 7,500. So we just kind of left it there. We have not moved it. I know they'll come back. I know they'll come back. Because airlines are like that. They will deny liability altogether or they will try to limit their liability. As in this case, they say, no, we prefer to pay only 20 kina per kilogram for the lost items. Why? Because your clients ought to have been made aware, in fact, they were made aware that that's the limit of our library, the back of the ticket. Again, so we're revisiting all those principles that we've looked at last semester when it comes to exemption clause, sorry, when it comes to denial of liability altogether, or when it comes to limiting liability to a certainty. So, here in this case they're saying don't pay Filipina per kilogram, and that amounts to 7,000 Filipina the offering, we couldn't take it, we said take, we'll leave it of course we have not taken it we just left it there we just left it there and then we draft him the writ we draft him the writ so you as a lawyer, what are you going to say oh our class were not aware of the limitation clause Are you going to say that? Are you going to? Don't say it. Don't do that. You go to the dentist, come back to your dentist, but it's the back of the ticket. Your client must be stupid. It's the back of the ticket. How could they have not seen the limitation of my opinion? So don't. Don't touch that. Don't touch that. But you still rely on example of both. So what do you do? What shall you do? You don't deny that the limitation clause is there and that your client is aware of the limitation clause. You don't go and tell the court or our client, you know, aware, make aware of the limitation. Let's find out the ticket. What's wrong with the other side then? How could he not have been made aware when it's not a valid ticket? There is no law for that. So what do you do then? You deny the existence of a limitation clause? No, you don't. You simply don't. Is that the court? No, we are not here to say that our client is not aware of the limitation clause. Because we are here to ask the court to read the limitation clause against them. That's what we do. Right? That's what we do. We ask the court to read it against them. The party that relies on the limitation, read it against them. That's what it means to limit the scope and efficiency of that clause. Right? Limit the scope of efficiency in that case. And if you go by that way, you will get the court's favor. The court will interpret the limitation clause against the MRI. And here, in PNG, that's easy to do. Because others can go too late. I mean, there's no connection, you also get paid, right? There's no way. So what are the choices you have? Accept to go and get another airline. There's no train connecting the Bay of Motion. So which means that the airline has a monopoly on that kind of business. And if they have a monopoly on that kind of business, ask the court to agree to the acceptance clause against the airline. and in favor of your partner. That's not good. I think I've said enough. Who's new to this class? Who's new here? You must be the best. I was expecting some answer to go up. People all love Unia. Except me. You know love, no? If I stop tearing my hair, and if I stop dyeing my moustache, you will see it. I'm still young. So, are there any questions? We have lost, I think, 20 people that would not be allowed to progress to contract World II because they did not do well in first semester and because contract law is 1 and 2, those who didn't do well in first semester would not be allowed to go to 2. They would have to do it again next semester. Unfortunately, for them, doubly unfortunate for them. Firstly, because they repeated contract for one again. And secondly, they will not be repeating it again. Because I intend to retire at the end of this year. And then start campaigning for 2017, 2027. So you know, you might be looking at the future Prime Minister. Applause. Yeah. No, but, so sick. So sick. You know, yesterday, what's today? Tuesday? Tuesday, Tuesday, on Sunday, his Sunday, I heard a debate that was, a parliamentary debate that was played out two or three weeks ago, but I didn't get to watch the TV program or whatever it is, but I saw it on a mobile phone. My nephew was playing it, the entire, word of no confidence, controversy, he played it, so I told him, don't change it, so I had. Ah, Mr. Speaker, really, really, really got, you know, some people, some MPs got up and said, Mr. Speaker, this name, people of Papua New Guinea, people of Western Province, you're asking more. They will say, ah, MP for Middle Flight. And then, this name, the people of Mogenville and Papua New Guinea asked this person who this person is. It was, ah, a member of the world, not Mogenville. So, if the people of Papua New Guinea know these people, look, seems like you and the community members are the only ones that know all these MPs. And the speaker said, out of order, out of order. But, okay, if you go away, come back to me. Let's say, we have a class tomorrow, let me negotiate this deal with the other lecturer. She'll probably not accept. She'll probably not accept. If you don't accept, then we're stuck with you. Well, actually, you are stuck with me. 3 to 5. I'll get away at 4. But, I think it doesn't work out for me. I'm going to stick with 4 to 5. And again, you know, there's going to be a lot of people So, I simply have to say, well, if the contract requires me to be here for the fight, so be it, even though I'm not unhappy about it, I'll be fighting. You know, I'll be fighting. It's weird, the happy hours are over, sitting here. Happy hours are over, I'll be fighting. So look, this means I'm going to miss out on the happy hour. It actually is different from salesman to salesman. At Lamana, you buy one bottle of good happy hour, or one can, and they give you two extras. Two extras. In other places, the beer, Let's suppose that a pen is here. That's the most expensive thing in Hawaii, pennies. One pen is 80 kina. 80 kina. But you only have to have it reduced to 90. Then we do an auction. The price goes up. So 80 kina. So, I've become very good at this way now, and I've become a very good matchmaker. Kikuchina will give me 6 balls, 6 hands, and I'll still get popular changes, from 8. I'm not encouraging you to drink, are you? Am I? I'm not encouraging you to drink. You all do that pretty much. Okay, so we'll come back on the third stage and get our program in. And then, consult with Mr. Kobo and let's move on to the tutorial program, tutorial exercises. Please do, please do the tutorial exercises. They're very important. But, I did a summary of the examiners, the university examiners, on contract four. There were a total of four total assessments that were not done. Four, right? Four. And the university, the Japanese people here are asking me, how come you got too many? Are you sure it's small? I said, well, you see, the courses that I conduct are structured in such a way that I cannot go wrong about what you get. Right? Why? Because to them, or to me, that they're talking like I'm going to throw an exercise. And that, when you come to me for your consultation and evaluation, I ask you, you've got a space here. Right? You have a space here. And most of you say, why are you doing this? So, you see, I'm right that you didn't do it. And also, six of you did not come to the exam. Five of you, five. The sixth one came to the exam, but did not write his or her name on the exam book I still have. So if you are in this room, please come and put a name on that board right at the end of the break and we will submit the change of grades for you. So five people can come to the exam and one person can be exempt but did not put his or her name on the exam. The tutorials are very important. The assignments are also very important. 3 assignments are not done and 5 tests are not done either there is one more test to do and also, in case you have not read the notices have you got your results? it's going to be published any day now if you want to appeal against my grade you've got 2 weeks to do it from the day when the results are published in the papers. Two weeks, you appeal against the grade, and you just don't, my advice to you is when you appeal, when you appeal against the grades that I've given you, you be specific what you want the appeals committee to do. you can ask for remarking of all your assignments which means you have to bring back all your assignments and test papers which is better for remarking and you also can ask for remarking on the exam I'm not involved in the appeal, right? You give your pain to the pain and I'll offer it to me. Offer it to me. I'm not involved in their pain. And if you want a remarking of the exam paper, bring it back. That's it. Remember the slip? I keep telling people over and over and over again. That slip belongs to you. You don't put it back in the exam paper. So if you want the exact table, you want to bring back that stick. Because that's the proof that you have such an exact table. If you don't bring back the board, you're not going to be all that good. Going through these piles of hundreds of decks, hundreds and tens of decks, you're not going to be all that good. My back already pain, and you can't afford to make my back to a bone. So that's the announcement that we made. You probably get official advice from the Dean's office, but I'm telling you now, if you want to appeal, You've got two weeks from today, your grades from last semester are published. Most of you fell somewhere in the middle. A few of you went up to DI and a few of you went up to HD. But most of you are there in the middle. credit. Stay there. Stay there with credit. You know, I'm telling you now and if you come and see me again more than HD, DIA is not going to stay there. Because that's the most successful people in both I was there all day, all throughout my law studies. I was there all day, all throughout my law studies. And a lot of my colleagues that I'm now still on the bench, live together. If you want to go for a D.I. and A.C., You know, you see, HD people are the kind of people who cannot connect to the real life, right? And where do people, HD people, where do they belong? Here, right here in Boston. You are teachers. You don't belong in academia, right? That's where you belong. The next generation is coming up, because from my experience, those kind of people do not connect, cannot connect. Bring back the tea. Bring back the tea. So I'm teaching you, contact us. Because, strictly speaking, I am not an enemy. I've come from the outside, I've practiced outside in the contract for 24, 25, 30 years. I've negotiated the contract 10 times in the world. I've negotiated with 3 aircrafts in Russia, negotiated with 3 aircrafts in Spain, negotiated in Belgium, London, Washington DC, Beijing, everywhere. So, don't ask for it. Yeah, don't ask for it. It's of no value to you. Credit is the best part. Best way. That's what gets you to be a successful, contactable practitioner in your life. Some problems coming up, but we'll make our way around that. look our way around those issues, like digital technology for instance, then if you say, threshold, GPA, if you don't have a GPA, you won't be allowed to do LTI studies. That's an issue. Look our way around that. Because I strongly feel, and here I'm kind of expressing my personal opinion and thoughts. I strongly feel that the EPA standards of the PCC should not be copied by ATSIA or leave the legal percentage to the department, to the general justice movement again. It's actually the Secretary of the Department of Attorney Generals that's pushing this as an agenda. I met with him the other day. I expressed my concern that this was being done because, you see, the GPA is not, in my view, a proper measure of what's being done. I was once upon a time with a director of media and institute. And they used the same criteria to exclude TV. And I put my career, my job on the line by telling them, come. And of course, the judges came down and got angry. Why did you require our orders? I said, no, it's not TV. They'll prove themselves to be good men. And one day, they'll become good men. Of course, they're very successful practitioners now. So it is not really a good measure of your experiences. That's our view. We do not work around those issues with the law-citing, and so on. So, sorry I've spoken too long. Welcome back. For those of us joining you, Again, welcome to contract law and let's enjoy it, let's finish it, and let's move on and become good contract law practitioners. Thank you for coming and I'll see you again on Wednesday. Mr. Cunningham, how do you know if you have been excluded or not? How do you know if one has been excluded or not?