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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Lecture Four – Topic 9 Directors’ Duties 2 Preparation: Read: Jason Harris‚ Anil Hargovan and Michael Adams‚ Australian Corporate Law (LexisNexis‚ 4th ed‚ 2013) Chapters 15‚ 16 Questions/Activities: 1. What is meant by good faith? 2. What are the company’s interests? 3. What are proper purposes? 4. How does a court resolve the purpose for which a power has been exercised where a director has more than one purpose? 5. (Seminar Problem) A tsunami hits
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Business Law I January 31‚ 2013 Corporate Structure Assessments Part A: A sole proprietorship is a type of business entity that is owned and run by one individual and in which there is no legal distinction between the owner and the business. The owner receives all profits (subject to taxation specific to the business) and has unlimited responsibility for all losses and debts. The IRS does not consider the sole proprietorship as a separate business entity. The owner reports
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Business Law–LEGT1710 The Role of Law In Business The Law is a systematic set of rules to control conduct within a society‚ created by parliament and is enforced by courts. Sources of Law Law is made up of two parts: 1. Enacted (Statute) Law: law that is made by parliament. It can be changed by parliament but is interpreted by judges. In the case of a conflict between statue and common law‚ statue law prevails under the Doctrine of Parliamentary Supremacy as it has the ultimate law making
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tutorial class on Teaching week 3. Topics Topics 1 and 2 – Introducing Law and Exercising Legal Skills Your preparation Read Chapters 1-3 of Business Law and attend the Lectures on the first two topics. Problem 1: There are a number of websites devoted to the republic issue. Sites such as that of the Australian Republican Movement (www.republic.org.au) support Australia becoming a republic‚ and sites such as that of Australians for a Constitutional Monarchy (www.norepublic.com.au) oppose such a
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suffice to displace the provision that they are entitled to share equally. 4. Hence‚ Morrissey would most likely be awarded 1/5 of the capital as the provision was displaced by the understanding that Morrissey was to have a 1/5 share of the business should dissolution be ordered. Did Morrissey have authority to bind firm‚ making Smiths liable for losses caused by the power outage at Manchester Meat(“MM”) and damage to the air-conditioning? Actual Authority 5. Actual authority may be
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profit. Canny Gabrial Castle v Volume Sales(p200): Canny Gabrial argued that the 2 companies were joint ventures Decision: Agreement was partnership Polkinghorne v Holland(p205): Was the giving of financial advice outside the ordinary business of the law firm‚ such that the partners would be jointly liable Decision: Held that the firm was liable for the actions of hollan’s son Lec 5 Chap 13 Balfour v Balfour(256): At the time of the agreement‚ did the parties intend the arrangement
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[1991] 1 QB 1. Your answer should also discuss whether Australian contract law should (or should not) provide greater clarity as to what is (or is not) sufficient consideration. ESSAY STRUCTURE : INTRODUCTION BODY CONCLUSION BIBLIOGRAPHY Minimum 12
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DUTIES OF DIRECTOR Introduction Duties and liabilities are imposed on officers of a company‚ including directors‚ both by common law and statute. Thus‚ directors owe their companies fiduciary duties at common law. These duties are further supplemented by the Act. Officer –section 4(1) FD duty of care skill and diligence statutory duty The fiduciary duties of directors may be conveniently examined under the following categories. Director owe a duty to: Act bona fide and in the interests
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