Essence of arbitration as a substitute to litigations, Business Law and Ethics

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Question 1:

Arbitration, a form of alternative dispute resolution, is a legal method for the resolution of disputes outside the courts, where the parties to a dispute refer it to one or more persons for their decision.

Discuss the essence of Arbitration as a substitute to litigations.

Question 2:

The Ministry of Social Security has decided to buy a second hand building to convert same into a rehabilitation centre. The agreed price is Rs 140,000,000. How would the contract be affected in the following circumstances:

(a) The building was constructed without a building permit.

(b) If the building has been destroyed by a tsunami two hours before the contract was signed.

(c) The building was not meant for housing persons of both sexes due to inadequate toilet facilities.

Question 3:

(a) Explain the ways and circumstances in which a party to a contract can be discharged from his contractual liabilities.
(b) "Any breach of contract always allows the injured party to sue for damages" Discuss.


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