representation of fact. Public Trustee v Taylor Misrepresentation of law (distinction between law and fact is probably no longer supportable in Australia) If the law is fraudulently misstated‚ the representor would be held liable. It would be unconscionable to permit the plaintiff to gain from a fraudulent misrepresentation of law. The consequences and rights (results) should be the same between the making of fraudulent misrepresentation of law by which a party was induced to enter into a contract and from
Premium Contract Contract law
DEPARTMENT EXAM TEST BANK SPRING 2011 True/False Indicate whether the sentence or statement is true or false. __F___ The Offeror Is The Party With The Power To Decide Whether To Create A Contract. __T___ An offer made as a joke‚ where a reasonable person would conclude that it was made as a joke‚ cannot result in a contract. __T___ The communication of an offer can be made by the offeror or the offeror ’s agent. __T___ Generally‚ advertisements‚ catalogs‚ price lists‚ etc. are not treated
Premium Contract
COMMERICAL LAW EXAM Agency Definition Agency may be defined as a relationship between the principal (P) and the agent (A) whereby A has the authority to create a legal relationship between P and the third party (T). The purpose of agency is that two people can enter a valid contract with one another without having to deal with each other personally. Instead‚ the contract or other transaction is brought about through A who when dealing with T acts or purports to act‚ on behalf of P. Authority
Premium Contract
MEDICAL LAW NOTES Semester 1 2011 Compiled by Gabe and Will Contents Topic 1: Contract‚ Battery & Negligence In order to place medical law in its context‚ each of the potential actions for redress will be explored. Contract – Medicine as trade Existence of contract A contract is an agreement between two (or more) parties 3 elements required for a contract to exist Offer and acceptance (also called agreement) Consideration Intention to create legal relations In the context of a
Premium Contract
CARIBBEAN MARITIME INSTITUTE MARITIME LAW & INTERNATIONAL CONVENTIONS MIC 602 FINAL EXAMINATION AUGUST 10‚ 2013 TIME OF EXAMINATION: 3 HOURS Answer all questions from Section A and two questions from Section B. RULES: 1. This paper is worth 50% of your final grade. 2. Books‚ texts and materials are not permitted into the examination room for any examination whatsoever. 3. No electronic devices with recorded notes permitted in examination room. 4. No cell phones are to be used
Premium United Nations International Maritime Organization Human rights
Graduate Diploma in Law Contract Law Examination Paper DATE: 16 June 2010 TIME: AM TIME ALLOWED: THREE HOURS INSTRUCTIONS TO CANDIDATES Where questions are sub-divided‚ candidates should not expect the sub-divisions necessarily to be of equal weight. Materials provided: GDL Statutory Extracts (which MUST be returned UNMARKED at the end of the examination). You must answer THREE questions out of SIX Continued Overleaf OA6544 1 © The College of Law 2010 This is
Premium Contract 1969 Contract law
BUSINESS LAW FINAL * Article 2 governs sales of goods- True * Delivering of a title- Sale * A warehouse receipt is a document that provides proof of ownership of commodities that are stored in a warehouse * Shipment contract- the seller is required or authorized to ship goods by carrier‚ such as a trucking company. The title passes to the buyer at the time and place of shipment * The risk of loss in a shipment contract passes to the buyer or lessee when the goods are delivered
Premium Bankruptcy Debt Finance
1) Which of the following is a distinguishing feature of a common law legal system? D. The making of law by the judges and the following of precedent 2) Which best describes the types of agency authority held by officers of a corporation? D. Express‚ implied‚ and apparent authority 3) If an LLC fails to follow formalities such as keeping minutes of meetings‚ which of the following is true? C. This failure will not result in imposing personal liability on any member
Premium Contract Parol evidence rule Tort
DOWNLOAD http://www.supportonlineexam.com 1) Which of the following is a distinguishing feature of a common law legal system? A. An appeal process B. The making of law by the judges and the following of precedent C. The sole source of law is a comprehensive civil code D. Requiring guilt be proven beyond a reasonable doubt 2) Which of the following is true about litigatingcommercial disputes? A. A few states have established specialized trial courts for commercial disputes. B. Businesses generally
Premium Limited partnership Contract Easement
of precedence and has two aspects: 1) definitional or substantial – the principle of law is found in the precedence called the ratio decidendi: the narrowest and necessary legal principle upon which a legal decision was based. This is the aspect of the case that binds future courts and must be followed. 2) Structural: what precedent cases must be followed. Rupert Cross wrote a book called “precedence in legal law” and described the structural component of the stare decisis as “every court is bound
Premium Law Common law Stare decisis