Who are the parties in the case? The plaintiff and buyer, Woodside Energy Ltd and others, a Western Australia gas supplier. The defendant and seller, Electricity Generation Corporation, trading as Verve Energy: a statutory corporation and major generator and supplier of electricity in the southwest of Western Australia. Verve uses natural gas under the gas supply agreement for all its power stations. From which court have the parties appealed to the High Court? The parties have appealed against the conclusion and reasoning of the Supreme Court of Western Australia (WASC). What are the facts of the case? Electricity Generation Corporation, trading as Verge Energy, a major Electricity supplier in Western Australia entered into a long term gas supply agreement (GSA) with Woodside Energy Ltd gas suppliers, the buyers. The sellers were obliged to provide the mandatory minimum daily quantity of gas. If the buyer indicated that it required gas beyond the …show more content…
The court concluded that the buyer was not obliged to nominate any supplemental maximum daily quantity from the sellers, the sellers had no obligation to save any daily capacity for the buyer and the buyer’s ‘take or pay obligation’ applied only to the maximum daily quantity of gas. The court held that it was not an absolute or unconditional obligation to use reasonable endeavors, the nature and extent of it is conditioned by what was reasonable in the circumstances. It was concluded that some contracts containing reasonable endeavors also have their own standard of what is reasonable, expressly referring to the business and trading interests of the obligee. Which judgment of the Australian High Court do you prefer?
It was in 1836, two brothers named Adolphe and Eugene Schneider acquired the Creusot mines, forges and foundries in LeCreusot, France. The founding Schneider family benefited from the spectacular rise of industry that took place in the early 19th Century by making smart technical choices and building a strong network of relationships.
General Electric is a state-of-the-art company that specializes in building excellent appliances from lighting fixtures to kitchen appliances along other products. You will find many of these products in millions of homes and offices, factories, and retail facilities around the world work better. GE has a training and development program that employees can use. This program has enabled GE to remain prosperous since 1892. The General Electric was established by J. P. Morgan and Charles Coffin, G. E. has developed a management strategy that has penetrated the complex boundaries between management stages. Not only does GE have training programs available for its managers and employees, but for their customers as well. G.E’s entry-level leadership and experienced leadership programs have allowed this company to excel. G.E. also believes in having a learning culture. Learning is accomplished at G.E.’s John F. Welch Leadership Development Center. These programs and center have greatly contributed to the success and longevity of G.E.
Duke Energy Corporation (DUKE) is a proud North Carolina company based in Charlotte. Duke provides citizens all over the Midwest and Southwest with power. The company operates in three different segments. Regulated utilities, international energy, and commercial power. (McGraw Hill Financial, 2017) A major of Dukes revenue is from providing residential power. Duke energy serves 7.4 million customers all over the country. It is also a Fortune 125 company traded on the New York Stock Exchange. (Duke Energy Corporation , 2015)
Hallington Utilities Services (HUS) is an electrical utility services company from Hallington, Ontario, which has been in operation since 1979. During the mid-1990s, the Ontario government began implementing policies relating to market deregulation in the power distribution industry, which caused the electricity rates in Ontario to skyrocket becoming the third most expensive in Canada. However, the government passed Bill 35 which aim to improve prices and quality of the utilities in the region. At at national level the Energy Competition Act in 1998 determined, “to create jobs and protect consumers by promoting low-cost energy through competition, to protect the environment, to provide for pensions and to make related amendments to certain Acts.” (Legislative Assembly of Ontario, n.d.). This new act pushed the Ontario Energy Board’s (OEB) to modify their responsibilities “to promote economic efficiency and cost effectiveness in the generation, transmission, distribution, sale and demand management of electricity and to facilitate the maintenance of a financially viable electricity industry” (Ontario Energy Board Act, 1998).
Having evaluated the current state of English contract law, mainly made up of piecemeal solutions, it can be seen that despite being satisfactory and doing its job, there still remain gaps within the law of contract where unfairness is not dealt with. Moreover, due to the ad hoc nature of those piecemeal solutions, the latter have often produced inconsistent justice and have manifested cases of unfairness. Hence, “a relatively small number of respected Justices have endeavored to draw attention to the fact that the application of a general principle might be useful and even necessary in English law.”
What are the necessary requirements of the doctrine of proprietary estoppel and discuss whether the notion of unconscionability alone lead to a successful remedy. Furthermore, examine how constructive trusts and proprietary estoppel allow the courts to stray from relevant statutory provisions and empowers judiciary to have more discretion where equitable remedies are queried.
... middle of paper ... ... Gonzaga Law Review 33.3 (1998): 653-668. HeinOnline.com -.
To reduce the energy consumed the Group uses gas-fired cogeneration power plants converting natural gas to low emission electricity by a 160 megawatt electric generator, and the surplus energy is supplied to the electricity grid (RioTinto 2014).
From being a student in the business program I have found that the courses in the MSM program has material that identifies key theoretical concepts and tools of strategy as well as some of the key issues facing business managers and leaders in today’s competitive business world. Therefore, to learn new management and leadership skills as well as how to be an effective business leader, you need to practice. Studying and analyzing a case study allows us to engage in the practice of strategic management by putting ourselves in a decision maker’s position and forcing us to deal with real life business scenarios facing actual managers and leaders in the workplace. However, to be an effective manager or leader you have to have control. Daft (2012) said managers approach to control is changing in many of today’s organizations. Thus, the case study of Lincoln Electric will help me to understand and identify the type of control process approach is used, why it works well for the organization, as well as identify why the control process approach wasn’t successful overseas.
As we learn from the case study, the Lincoln Electric Company is the largest global manufacturer of machines for welding, which are used in all kinds of construction projects. This means that the company has a large global presence and many employees, so its culture affects thousands of its workers. Even though it is now 2014, the company still has a large market share and very satisfied employees, so clearly the culture leaves employees satisfied and motivates them to work hard for the company.
In South Africa, Eskom provides 95% of the electricity, of which coal-fired electricity accounts for 86% (Pegels, 2010). Eskom’s coal-fired power stations have high...
...nuing with the charterparty were commercially impossible or that the vessel was a commercial loss. Rather, this clause points to an assumption of risk and responsibility by the owners to repair any hull damage up to the insured amount. In this case, the insured amount far exceeded the costs of repair and the judge hence concluded that the charterparty was not frustrated.
Write a summary of the case, and define the critical issues and conflicts being faced.
The global demand of energy is growing strongly. Therefore, faced lack of supply and means greater competition for the suppliers
Where a person who is in a position to dominate the will of another, enters into a contract with him, and the transaction appears, on, the face of it or on the evidence adduced, to be unconscionable, the burden of proving that the contract was not induced by undue influence shall lie upon the person in a position to dominate the will of the other.