make a legal offer because it refused to give the car as prize & also neglected to remove the car & the sign before Cobaugh’s play in the tournament. 04. 05. 06. No‚ Madaio did not effectively accept the offer before McCarthy withdrew it. Because Madaio signed the contract but did not mailed or informed McCarthy before withdrawal. 07. 08. No‚ because the purchase price & the closing price . ” & Jessee charged 25 percent. Though he informed Smith but it cannot be enforceable by law. 09. Yes‚
Premium Contract Contract law
Tort of Negligence case study The law of contract: a contract is a legally binding agreement‚ its a promise between two or more to parties with certain things‚each party must fulfill there promises if one of them don’t fulfill there promise then the contract is breached (VOID). The law of tort: A tort is a civil wrong in the sens that is committed against an individual‚ tort is compensated by a sum of money called “DAMAGES”. Contract laws and tort laws share many similarities. At
Premium Tort Contract Common law
likelihoods of product default. The seller sometimes may claim these warranties impliedly or expressly. They also may disclaim warranties or restrict buyers to a few requirements to qualify for a warranty. A warranty is a promise‚ arising by operation of law‚ that something that is sold will be merchantable and fit for the purpose for which it is sold. Express warranties: need to be communicated by words to the consumer by the seller. The seller can communicate the agreement in a written contract or
Premium Tort Negligence Implied warranty
A man once said‚ "Acceptance is not defeat‚ it is understanding." Ernest Hemingway shows this incredibly well in his novella The Old Man and the Sea‚ where an old Cuban fisherman named Santiago suffers from a streak of bad luck. Santiago‚ for the 85th day without a catch‚ catches a marlin which tugs him out to sea for many a days‚ only for his catch to be eaten by sharks on his trip returning home to Havana. He returns‚ exhausted‚ only to find his young companion at his aid‚ which he responds to
Premium The Old Man and the Sea Fishing Ernest Hemingway
Question 1 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
Premium Contract
deliberate intent to cause harm that exists when a person makes a statement with either knowledge of its falsity or reckless disregard of the truth. actual malice is required to establish defamation against public figures. appropriation In tort law‚ the use by one person of another person’s name‚ likeness‚ or other identifying characteristic without permission and for the benefit of the user. assault any word or action intended to make another person fearful of immediate physical harm—a reasonably
Premium Tort law Tort
Business & Company Law – ’11-’12 – Question 1 Introduction: Whenever a contract is to be formed‚ there are certain elements which should meet the requirement in order for it to be established. They are offer‚ acceptance (agreement)‚ consideration and intention. * Definition: Agreement – Is formed when an offer is made and accepted. * Communication: Must be communicated * Except in the case of a unilateral contract. * Two types of Communications: * Instantaneous
Premium Contract Common law
LAW TUTORIAL QUESTIONS Tutorial 1 1. Explain: (a) international law (b) legal rights (c) legal duty (d) public international law (e) private international law 2. Explain the differences between civil law system and common law system 3. Explain: (a) Convention (exam) (b) Treaties (exam) (c) International Organization (d) State (e) Non-Governmental Organization (NGO) (f) MNE & TNC (g)International Person 4.What governs the relationship in International Trade? Tutorial
Premium Common law Contract Law
other law‚ or by order of the court. The maximum penalty is disbarment. 4- Under what circumstances should a lawyer terminate his representation of a client? If the representation will result in violation of the Georgia Rules of Professional Conduct or other law‚ the lawyer’s physical or mental condition materially impairs the lawyer’s ability to represent the client‚ or the lawyer is discharged. 5- What does it mean for a lawyer to act as an advisor? A lawyer may refer not only to law but to
Premium Lawyer Judge Law
enforceable in court law. The Trade practices act 1974 (Cth) particularly s52 cover the contract law: seven elements to create a simple contract‚ which are listed as the following: * Intention * Agreement * Consideration * Capacity * Consent * Legality purpose * Form Acceptance can be accepted by the party to whom offer was made‚ and be strictly in accordance with the terms of the offer‚ it can only did by the offeree him self or his agent and Acceptance must be unconditional
Premium Contract Law