DIRECTORS COLLEGE OF BUSINESS School of Accountancy BACHELOR OF BUSINESS STUDIES BACHELOR OF BUSINESS INFORMATION BACHELOR OF ACCOUNTANCY 155.203 Law of Business Organisations Semester 2 2008 Wellington Week 7 Lecture 2 21 DIRECTORS (1) 21.1 Who is a director? Section 126. gives an extended meaning to the term director in order that the persons who actually run the company are liable as such in law. 126 Meaning of “director” (1) In this Act‚ director‚ in relation to a company‚ includes—
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Explain in which way an agency may be terminated by operation of law. (3marks) Answer: An agency is created by express appointment when the principal appoints the agent by express agreement with agent. This express agreement may be an oral or written agreement between the principal and the agent. There are four factors can cause the termination by operation of law. i. Agency is terminated by frustration In Marshall v Glanvill‚ Glanvill who is a firm of drapers appoints Marshall
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Part A Question 1: Step 1 The issue of law it that for a reasonable contract to be established‚ whether the element of agreement required for the formation of a contract can be formed in parties. Step 2 A legally enforceable contract can be organized by three significant parts; there are intention‚ agreement and consideration. With regards to agreement‚ it means a discussion of the consensus on critical terms needed for a workable transaction. Generally‚ while the parties intended‚ an agreement
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give them legal effect. Statutory interpretation is an integral part of the court ruling process‚ as the role of a judge is to apply the law‚ not make it. When trying to establish Parliament’s intention within an Act‚ there are various aids available to help. Firstly‚ there are three approaches to interpretation. The first of these is the literal rule‚ where‚ according to Martin (2007)1 “courts will give words their plain‚ ordinary or literal meaning‚ even if the result is not very sensible”
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in a case where the mortgagor did not do so‚ then the lender would do and pay whatever was required to protect property value and the rights of the lenders of the property (Tonnon‚ 2005). Consequently‚ Jayne Briseno went to court to sue the bank for a breach of contract. The breach was as a result of the good faith covenant and fair dealing. Additionally‚ she felt that the mortgage transaction was an example of unfair practice of violations in business under the unfair competition law of the state
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court might find a similar case‚ though one not involving the Internet‚ and extend its application to the Internet. Through this process‚ existing law can be extended to apply to new situations. Difficulties can arise if courts extend the application of an existing law to a new area where there are crucial differences that make the application of the old law improper. The Jurisdiction of the Court% Steve often purchases office supplies from Supplymax. a company with stores in many states‚ but none
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agreement during their employment. They both left CH20 and went to work for Meras. According to their non-compete agreement from MERAS v. CH2O‚ INC Northern District of California (2013) “after they ceased working for CH20 they would not work for “any business of similar nature to that of [CH20] which is in competition with [CH20]” for the period of three years” When Beriner and Sughroue went to work for Meras they violated their non-compete agreement by not waiting the specified three years before taking
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Mia K. Thompson LS311- Business Law I Kaplan University Professor James Starcher November 13‚ 2012 Introduction The purpose of this assignment is to discuss the renovation of Danile and Sondra Estelle home. To finance the cost they obtained a line of credit from Banc One‚ Indiana‚ which periodic does inspections to disburse funds. When the bank did the inspection they found the work to be of poor quality. When Allen failed to act on the Estelle’s complaints‚ they filed a suit in an Indiana
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------------------------------------------------- Prepared for: ------------------------------------------------- Mr John M. Andre (Lecturer) ------------------------------------------------- Unit 5: Aspects of Contract and Negligence for Business ------------------------------------------------- Banking Academy‚ Hanoi ------------------------------------------------- Submission Date: 19th November 2012 ------------------------------------------------- No of words: 3100 words -------------------------------------------------
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Questions Learning ResourcesTextbook: Business Law Seventh Edition‚ 2010 Henry R. Cheeseman Prentice Hall 1) According to Judge Jerome Frank‚ uncertainty in the law: a. is an unfortunate accident b. should be avoided whenever possible c. is of immense social value d. does not exist in the U.S. legal system 2) Which of the following is most consistent with the Natural Law School of jurisprudence? e. Law is based on moral and ethical principles
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