INTRODUCTION TO BUSINESS LAW The Law of Tort Core Reading: Lucy Jones‚ Introduction to Business Law (Oxford University Press‚ 2011). Chapter 11 on The Tort of Negligence (Refer to pages 340 – 374). Please note that we ARE NOT going through every single areas in relation to negligence. For instance‚ the area on nervous shock. Aims and Objectives: - To enable students to appreciate the general law of tort‚ especially the concept of negligence; To understand how this area applies
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Charles Dong LBS Prof Calderon Legal Assignment Two Enforceability of the Pet Clause in the Lease Rafi should have the right to keep Roscoe in his apartment because his landlord cannot enforce the pet clause of the lease based on the given facts. On one hand‚ the bilateral mistake in the contract invalidates the lease‚ and therefore the pet clause is no longer enforceable. Also‚ the doctrine of promissory estoppel can be used to help Rafi not only keep his dog in the apartment but also
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The following situations are similar (all involve the theft of Makoto’s laptop computer)‚ yet they represent three different crimes. Identify the three crimes‚ noting the differences among them. 1 While passing Makoto’s house one night‚ Sarah sees a laptop computer left unattended on Makoto’s porch. Sarah takes the computer‚ carries it home‚ and tells everyone she owns it. 2 While passing Makoto’s house one night‚ Sarah sees Makoto outside with a laptop computer. Holding Makoto at gunpoint
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2) Is Bright entitled to specific performance because of the unique nature of the goods? Yes‚ the seller should cure the nonconforming goods for the buyer. If the buyer accepts the sellers re-tempt to make another delivery because the nature of the circumstance‚ it would need to be done within the time for performance expires. (UCC 2-508; 2A-513) 4) Hoselton did not have a chance to cure the defects. Is Hoselton correct? No‚ the buyer is given the opportunity to inspect the goods. If problems
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Explain the facts‚ issues and reason in the case of Carlill v Carbolic Smoke Ball Company. FACTS The Carbolic Smoke Ball Company made a product called the "smoke ball". It claimed to be a cure for influenza and a number of other diseases‚ in the context of the 1889-1890 flu pandemic (estimated to have killed 1 million people). The smoke ball was a rubber ball with a tube attached. It was filled with carbolic acid (or phenol). The tube would be inserted into a user’s nose and squeezed at the bottom
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1 . “The fundamental attribute of corporate personality is that company is a legal entity distinct from the members.”Elucidate the statement .Also specify the important features of a company. 2 . Discuss the essential elements of a valid contract. 4 . What are the characteristics of negotiable Instrument? Discuss the ‘privileges’ of holder in due course as per the provisions of the Negotiable Instruments Act‚ 1881? Also state the important amendment to be incorporated under sec 138 of the
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Pusateri v. E. F. Hutton & Co.‚ Inc. Fiduciary Duty after Francis Pusateri retired; he met with Gilbert J. Johnson‚ a stockbroker with E. F. Hutton & Co.‚ Inc.‚ and informed Johnson that he wished to invest in tax-free bonds and money market accounts. Pusateri opened an investment account with E. F. Hutton and checked a box stating that his objective was “tax-free income and moderate growth.” During the course of a year‚ Johnson churned Pusateri’s account to make commissions and invested Pusateri’s
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Business Law 1 Mid Term Teshvinder Singh Chopra SEGi University College: American Degree Program 2 July 2010 Accordingly‚ as with the situation‚ Tim has sustained injuries from the incident. The person at fault for Tim ’s condition is surely Danny‚ as he had parked his car illegally‚ which definitely breaking the rules‚ and he as well forgotten to engage the parking brake. This caused the car to roll back and eventually hits an electric wire and the sparks from the ignition of the electric
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Genuine Assent Are you for real? -Valid‚ void‚ voidable. -Valid: perfectly fine contract. -Void: contract cannot be used. -Voidable: a party of the contract has the right to declare it void. -Unilateral Mistake: mistake by one party‚ has no effect on the contract. Contract must be followed‚ even with mistakes. Valid contract. -Mutual Mistake: mistake made by both parties. Causes agreements to be void. -Existence of subject matter. -Nature of the agreement. (For some really good
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The issue of this case is whether Freeze Bhd. (FB) has acted as an agent of necessity in the situation and qualified to claim for warehouse storage charges from Nice to Eat Restaurant (NER). Section 142 Contract Act 1950 states‚ “An agent has authority‚ in an emergency‚ to do all such acts for the purpose of protecting his principal from loss as would be done by a person of ordinary prudence‚ in his own case‚ under similar circumtances.” According to Section 142‚ an agency by necessity may arise
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