Contract Case studies 02 - Business Law | Trường Đại học Quốc tế, Đại học Quốc gia Thành phố HCM
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Trường Đại học Quốc tế, Đại học Quốc gia Thành phố Hồ Chí Minh
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Case study 1:
Paradise Island Investment (PII), a hotel developer and Sky High Construction Ltd
(SHC), a construction company have a contract for SHC to build a luxury eco-resort
on a pristine island in Vietnam for PII.
SHC finds that PII, the developer, lacks the necessary permits and licenses required
for beachfront construction in Vietnam at the time of signing the contract. The
contract was signed before obtaining environmental impact assessments and
approvals, a legally mandatory step in Vietnam. The agreed-upon construction price
falls significantly below the estimated cost of building the resort according to
Vietnamese regulations and safety standards. Finallt, it is found that PII made false
representations about their financial status and ability to secure funding for the
project. Based on these matters, the contract was entered into without thorough due
diligence, overlooking crucial flaws and legal inconsistencies. INVALID CONTRACT enable party
Question: Can SHC terminate the contract with PII? terminate the violation law contract Case study 2:
EverBuild Construction Co. (EverBuild), a local Vietnamese construction firm and
Sunny Bay Resort (SBR), a newly established resort developer. Both companies
entered into a contract for EverBuild to construct a luxury beachfront resort for SBR in Nha Trang, Vietnam.
It is found that SBR is a recently established company with limited financial
resources and experience in large-scale construction projects. SBR's initial payments
to EverBuild were delayed, raising concerns about their ability to meet future
financial requirements. It is also found that SBR lacks necessary permits and
approvals from local authorities for the resort construction, potentially causing
delays and contractual breaches. EverBuild has already incurred significant expenses
for preliminary work and materials based on the contract.
Question: Can EverBuild terminate the contract earlier? substantial brreach contract affect to Everbuilt also YES Case study 3:
Green Build Construction (Green Build), a construction company have a contract
with Pacific Star International (PSI), a housing developer. The contract signed in
April 2023, which is about the construction of a luxury apartment complex in Ho Chi Minh City,
Green Build finds that PSI has delayed making progress payments according to the
contract schedule, leading to cash flow problems for Green Build. The quality of
materials used by PSI does not meet the agreed-upon specifications, compromising very
the building's safety and durability. PSI has deviated from the approved construction serious
plans without Green Build's consent, potentially impacting the building's breach
functionality and aesthetic design. Finally, PSI has failed to address Green Build's
repeated complaints about these issues in a timely and satisfactory manner.
Green Build seeks to terminate the contract alleging PSI's material breach of its obligations.
Question: can Green Build terminate the contract under Vietnamese law due to PSI's alleged breach? YES
cause problems to the other party Case study 4:
Dream Destinations Travel (DDT), a local Vietnamese travel agency and its
counterparty is Adventure Seekers Ltd (ASL), a foreign adventure tourism company.
Both parties have a contract for DDT to organize a series of trekking and kayaking
tours in remote areas of Northern Vietnam for ASL clients throughout 2023. unexpected envents
In July 2023, a devastating landslide in the designated tour locations caused
significant infrastructure damage and blocked key access routes. The Vietnamese
government declared the affected area a temporary no-go zone for safety reasons,
prohibiting any tourist activities. The closure is expected to last for at least six
months, making it impossible for DDT to fulfill the contracted tours during that
period. DDT has already received payments from ASL for booked tours in the affected months.
Question: Can DDT terminate the contract early in this case? Case study 5:
SunRice Ltd (SunRice), a Vietnamese rice producer and Green Valley Foods Inc
(GVF), a food distributor have a three-year contract for SunRice to supply GVF with
premium Vietnamese rice, signed in January 2022.
In early 2023, a severe drought and pest outbreak in Vietnam caused a dramatic
decrease in rice production, leading to a nationwide shortage. The price of rice in
Vietnam skyrocketed, exceeding the contract price agreed upon with GVF. SunRice
fulfilling the contract at the original price would cause significant financial losses
and threaten their long-term sustainability. GVF refuses to renegotiate the contract
price, citing the binding nature of the agreement.
fundamental change=> parties can
Question: Can SunRice terminate the contract earlier? ask for termination
if continue, respect contract =>> causes bad results more