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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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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Assignment Topic: Laws that Affecting Business Name: Sumon Roy ID: 4050 MBA (Evening Program) Department of International Business University of Dhaka Submission Date: Saturday‚ 17th May 2010. Table of Contents: Contents | Page | Introduction | 1 | Definition of Business‚ Law & Business Law | 2 | Sources of law | 3 | Different laws affecting business | 6-11 | Laws regarding commerce in Bangladesh | 12 | Laws regarding Industry in Bangladesh | 13 | Conclusion |
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Dialogue Agency law is very important in a basic undergraduate law course in that it represents a synergy of two otherwise distinctive bodies of law: contracts and torts. Because these topics are a precondition to a good foundation to agency‚ I never teach agency before having taught both contracts and torts. In addition‚ I have found it useful to remind students of the constant interplay that goes on between these two areas of law. For example‚ I will go through the creation of the agency relationship
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Fridman describes agency as ‘the relationship that exists between persons when one‚ called the agent‚ is considered in law to represent the other‚ called the principal‚ in such a way as to be able to affect the principal’s legal position in resects of strangers to the relationship by the making of contracts or the disposition of property’. The Australian High Court in International Harvester Co of Australia Pty Ltd v Carrigan’s Hazeldene Pastoral Co2 defined agency as ‘a word used in law to connote an
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Advertising Law: You’ve got a great product or service to sell‚ and you’re anxious to begin promoting it to potential customers. To make sure the claims you make about your offerings are truthful and to protect consumers‚ all businesses have to comply with advertising and marketing laws. Employment & Labor Law: Bringing employees on board to work in your business is an exciting milestone. You’ll want to ensure that you are conducting employment processes in accordance to the laws. Finance Law: Healthy
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Business Law Quiz 1a - Key Chapter 1 - True or False 1. Congress can only pass legislation that falls within the limits set up by the US Constitution. T 2. Only the US federal government has a constitution. F 3. State agencies take precedence over conflicting federal agency regulations. F Review Question Bob has a dispute with Ace Company over a perceived product defect. Bob hires a lawyer and after discussing the facts and issues‚ Bob’s attorney agrees to file a lawsuit
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