than for independent contractors‚ in the case of company liquidation employees are treated as preferential creditors whereas independent contractors are treated as unsecured debts‚ employers are responsible for the deduction of tax and social insurance of their employees but are not responsible for the deduction of tax and social insurance of independent contractors that they pay for a service. Examples of How to Make the Distinction the Control Test Case: Ready Mixed Concrete (South East) Ltd –vs
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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
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In the case in the text where someone purchased a used safe at an auction for $50‚ but was later found by the buyers to contain more than $30‚000 in cash‚ how did the court rule? a. There was no contract because the buyer was unjustly enriched. b. There was no contract because the act of opening the safe was not completed before the buyers took the safe. c. This was an implied-in-fact contract and the buyers were required to pay the fair value for the safe and its contents. d. There was objective
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Case Study 4.7 1. Assume you were the member of the panel that presided over the academic misconduct hearing involving Zane Cobin. Given just the information provided in the case‚ how would you have voted at the conclusion of the hearing? Defend your answer. Answer: If I were one of the members in the panel at the conclusion of the hearing I would acquit vote for Corbin. Cobin shows a lot of efforts in order to win the up church medal. . 2. Again‚ assume you were a member of
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acceptance * ‘Capacity or the ability to understand the consequences of a contract by persons of such age prescribed by law & those with sound mind. * ‘Mutual consent’ or agreement on the terms of a contract ‘consideration’‚ or reward for goods or services rendered. The element that distinguishes a contract from casual agreements is that it is legally binding: The law provides a remedy in the event that the promise is broken. Legally‚ certain types of contracts should be in writing‚
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Impact of Different Types of Contracts The agreement was binding. The Court of Appeal distinguished the case of Balfour v Balfour (HPH 202) on the grounds that the parties were separated. Where spouses have separated it is generally considered that they do intend to be bound by their agreements. The written agreement signed was further evidence of an intention to be bound.. In this case of husband and wife is a domestic agreement‚ they jointly owned a house. Husband left to live with another
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BUSINESS LAW –II UNIT-I Factories Act‚ 1948 Definition – inspecting staff – Health – Safety – Welfare – Working Hours of Adults – Holidays – Employment of young persons and women – Annual leave with wages object of industrial Disputes Act – Definition of Industrial Dispute – Grievance settlement Authorities – Conciliation machinery – Procedure. Power and duties of Authorities – Reference of Disputes of Boards‚ Courts or Tribunal‚ National Tribunal – Strikes‚ Lock-out‚ Lay-off‚ Retrenchment – Unfair
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Sterling computer has entered into a partnership with NoBugs a microchip processing computer. The collaboration was developing into a something successful until an incident put a strain in the business relationship. Some month ago Sterling computer has had several of their computers explode shortly after customers install them. Upon an investigation which was conducted by Sterling researchers have discovered evidence of NoBugs’s microchips aggravating a dormant defect in their computers‚ causing
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example‚ practices the mixed legal system which includes the Common Law‚ Islamic law and Customary Law. Malaysia’s legal system comprises laws which have arisen from three significant periods in Malaysian history dating from the Malacca Sultanate‚ to the spread of Islam to Southeast Asia‚ and following the absorption into the indigenous culture of British colonial rule which introduced a constitutional government and the common law. Malaysia’s unique legal system is designed to balance the delicate
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Case Study You arrange to meet your boyfriend at the Patio Hotel on Saturday night. Your best friend witnessed the two of you making the arrangement. It is to celebrate your birthday and you buy a new dress‚ shoes and accessories for the date. He does not turn up and does not text you with an explanation. Can you sue him? If so‚ why? If not‚ why not? She would be unable to sue him as this is a social agreement which is unenforceable by law. Neither party has entered into a legally binding
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