Problem Based Scenario Assignment.
Aziz v National Clinics
National Health is not entitled to any rest
In Aziz v. Nati
National Clinics, the issue revolvedaround specific non-performance. Omar Aziz, the sole proprietor of OzHealth, sold the medical practice business to National Clinics at a price of $800,000. It included the plants and the equipment at the medical
facility. The buyer, National Clinics operates medical centres around Australia. After the sale, Aziz entered into a separate contractual agreement with National Clinics titled "Provision of Services". The service contract allowed Aziz to continue practising on the facility he had sold for ten years in which National Clinics would earn 50 percent of what Aziz made in his practice. National Clinics paid the $800,000 consideration for the sale of OzHealth to Aziz in full n 23rdMay 2013. The money
was deposited in Aziz's wife’s account who was not a party to the agreement. The money was immediately transferred to a
third party’saccount the same day. Aziz worked for National Clinics at his former OzHealth facility for five months after which National Clinicsstarted
breach of contract proceedings against him for abandoning his responsibilities.
Allegedly, he was also planning to leave the country. Aziz denied the
breach
and the
proceedings
did not go to trial. After the out of court
’s
resolution of
the disput
e, the parties entered into a settlement deer in which Aziz and his
wife acknowledged that they are indebted to National Clinics to the tune of
$800,000 arising from the liability related to the actions pleaded during the
2
proceedings.
#OmarAziz
#ContractLaw
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#Equity
#LegalDocuments
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#Contract
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#SpecificPerformance
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#Fiduciary
#Unconscionability
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