Executive Summary Various issues in the common law arise when agents make contracts on behalf of principals. Should a principal be bound when his agent makes a contract on his behalf that he would immediately wish to disavow? The tradeoffs resemble those in tort‚ so the least-cost avoider principle is useful for deciding which agreements are binding and can unify a number of different doctrines in agency law. In particular‚ an efficiency explanation can be found for the undisclosed-principal rule
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THE LAW OF BUSINESS ORGANIZATIONS CHAPTER 4 – Piercing the Corporate Veil Minne B Berkey v Third Avenue Railway Company Overview: This is a New York Court of Appeals decision in 1926 adjudicated by the legendary Justice Cardozo. In this seminal case on ‘piercing the corporate veil’‚ the Court of Appeals finds in favor of the Defendant‚ Third Avenue Railway Company. The Court holds that Third Avenue‚ the parent company of Forty-second Street Company‚ which operated a rail line upon which the
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a commercial building‚ damages of $1000 are payable. The completion is delayed by 20 days due to the fault of the contractor. How much can the innocent party claim if the actual loss suffered is $22‚000? Do you think generally‚ it is wise for a business to always have a liquidated damages clause? 2. At Your Service Pte Ltd is a big company which provides various travel related services‚ including overseas tour packages which are designed in-house. Tom‚ a customer‚ had booked a special in-house
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Business Law Introduction A business consists of trade of any profession or vocation. Business law looks at the formation of the business and the contracts plus legislations within it. The body of a business has rules and regulations that business law enforces enabling it to govern the transactions between business entities. In relation to that is commercial law. Marketing‚ Bankruptcy‚ contracts and trade in general are all under commercial law. In this assignment I will be assessing that
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the contract and claim the damage * WARRANTIES: minor terms ancillary(辅助) to the contract. If breach‚ entitle to damages * INNOMINATE TERMS: the court will decide whether a particular breach to be treated as one of condition or warranty. 4. 区别terms和mere representations * Terms: form part of the contract‚ if not complied with‚ can result in an action of breach of contract * Mere representations: simple statements made to induce the other party to contract‚ not form part of the contract
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performance of all contracts. For a merchant‚ good faith means honesty in fact plus the exercise of reasonable commercial standards of fair dealing. Unconscionability. A contract may be unconscionable if it is shockingly one-sided and fundamentally unfair. 4. Which contracts require a writing under UCC Article? 255 Requires a writing for any sale of goods worth $500 or more. 5. Under Sec. 2 – 2007 what happens to terms which are different? 256 These are terms that contradict those in the offer. Different
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judiciary to apply statutory interpretation‚ to interpret words of a given Act‚ to give them an exact meaning and to 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
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regulation in Saudi that has specific implication when settling disputes. It is forbidden in Islamic law by Qur’an when the operation concerned is risky and could result in deceit of one of the parties (http://www.investopedia.com/terms/g/gharar.asp). In this case‚ the U.S could claim that the reparation cost of breaching the contract could be classified as Gharar as it is specific to Islamic law: Saudi being an Islamic country with applicable jurisdiction‚ the US could claim gharar as the cost of
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Class: SUD1 Business Law Assignment 2 Law of Tort and Negligence Business Law Assignment 2 Law of Tort and Negligence Memo To: Padmanaban Badri Narayanan. From: Doan Le Khanh Vy (Ivy). Regarding: Report On Common Law. Date: 9th December 2012. I am Ivy from class SUD11‚ Sunderland of University. I write this memo to you in order to aid you comprehend my work easier. I have spent a great deal of time for this assignment. This is the first time I study law‚ so there a great
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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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