Research Paper: The law laid down in Soloman v. Soloman and Co. is often considered the source on the basis of which the jurisprudence of corporate personality has been written world over. However‚ the history of corporate-commercial litigation has witnessed situations where in the Courts have gone beyond the corporate cloak and analyzed the working and the motives of the members or directors of the company: In doing the same‚ the Courts have evolved the concept of lifting or piercing the
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1. What is a Contract? Classify the types of contracts with suitable examples. Ans. A contract is an agreement reached between two or more persons involving the exchange of some goods or services .There are some key requirements for the establishment of a contract: * An offer & an 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
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Mutual Mistakes in Contract Law 4-3 Mutual Mistakes in Contract Law Southern New Hampshire University Abstract In contractual law‚ a mutual mistake is: “Where a mistake of both parties at the time of contract was made as to a basic assumption on which the contract was made has a material effect on the agreed exchange of performances‚ the contract is voidable by the adversely affected party unless he bears the risk of the mistake under the rule stated in 154.” (Rasmusen‚ 1993) 4-3
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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
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Business Law Notes Definition of Law Definition of Law – A rule of civil conduct prescribed by the supreme power in a state‚ commanding what is right‚ and prohibiting what is wrong. Nature of Law Functions of Law - To maintain stability in the social‚ political‚ and economic system through dispute resolution‚ protection of property‚ and the preservation of the state‚ while simultaneously permitting ordered change. Law and Morals * Are different but overlapping; law provides
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employment are known as a ‘contract of service’ and a ‘contract for service’. Someone under a ‘contract of service’ refers to a person who is‚ for example a person working in a supermarket as a shop assistant is under a ‘contract of service’. In contrast‚ someone under a ‘contract for service’ refers to a person who is self-employed (also known as an ‘independent contractor’)‚ for example a plumber contracted by a supermarket to repair the supermarket’s sinks is under a ‘contract for service’. The distinction
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allow the enforcement of a written instrument which does not reflect or disclose the real meeting of the minds of the parties. 3 However‚ an action for reformation must be brought within the period prescribed by law‚ otherwise‚ it will be barred by the mere lapse of time. The issue in this case is whether or not the complaint for reformation filed by respondent Leyte Gulf Traders‚ Inc. has prescribed and in the negative‚ whether or not it is entitled to the remedy of reformation sought. On May 15‚ 1992
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Name:_______________ Business Law I: Final Exam Study Guide [20 points] Material Tested: Chapter 1: Laws and Their Ethical Foundation (p. 04-23) (30 points) Chapter 2: Constitutional Rights (p. 24-47) (30 points) Chapter 3: Court Systems (p. 48-63) (30 points) Chapter 5: Civil Law and Procedure (p. 84-105) (30 points) Long Essay: Explain how legal knowledge will be applied in your personal life beyond high school. (30 points) Instructions: Your final exam of 150 points will include the
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An exclusion clause is a term in a contract purporting to exclude or restrict the liability of one or more parties to the contract for breach of obligation . Exclusion clauses are controlled by common law and statute. The Unfair Contract Terms Act 1977 (UCTA 1977) and the Unfair Terms in Consumer Contracts Regulations 1999 (UTCCR 1999) confine the extent to which an individual can exclude or limit his business liability towards consumers. The Office of Fair Trading runs an unfair terms unit which
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2.3 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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