Question 1 (b) The problem looks at whether the existence of contract entitled Albert to claim for a breach of contract from Charlie with four elements of contract to be established here: that the offer been made by Albert and has been accepted by Charlie‚ that parties intend to create legal relationship and that the consideration was provided. The issue here is to determine if a reasonable person would consider offer had been made. An offer may be described as the indication of one person to another
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CH. 18 – Introduction to Sales 1. What is a merchant under UCC Article 2? 252 A merchant is someone who routinely deals in the particular goods involved. The UCC frequently holds a merchant to a higher standard of conduct than a non-merchant. 2. What are the rules for different terms under Sec. 2-207? 256 If there is no clear oral agreement‚ the Code supplies its own terms‚ called gap fillers‚ which cover prices‚ delivery dates and places‚ warranties‚ etc. 3. What situations are covered by
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Business Law Final Denise Capalbo Chetum v. Knarles Issue: Defamation Rule: Under the common law‚ defamation requires a false statement of fact‚ of or concerning plaintiff‚ published to a third party and causing damages. Also‚ where defamation is about a public person or matter of public concern‚ the plaintiff must prove that the statement is false‚ and that the defendant either knew of its truth or acted with reckless disregard of the truth (malice). Analysis: Knarles’ statements
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KENYATTA UNIVERSITY CITY CAMPUS NAME :OOKO BEVERLY ACHIENG ADM NO:D33S/CTY/11363/2012 COURSE:BUSINESS LAW COURSE CODE: LECTURER: TASK: STRUCTURE AND ORGANISATION OF THE COURT In pre colonial era‚ different communities had different ways of restoring justice. The African Traditional Communities used the fora of justice at family‚ shrines‚ churches and mosques. Other dispute resolutions mechanisms included: a.Reconsiliation: is the process of making it possible for two different ideas‚ facts
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BBA 3210-12H-1A12-S1‚ Business Law Unit IV Mini Project Dustin Brown / ID# 202011 August 7‚ 2012 Case Analysis A bank advertises home loans at low interest rates for its account holders for three months. Toward the end of the second month‚ the bank withdraws the offer. Sam opens an account with the bank because of the offer. He is‚ however‚ a little late applying for the loan and the offer is withdrawn before his application is processed. Sam sues the bank. In this case‚ the Bank advertises
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What is a contract? A contract is an agreement enforceable by law. 2. What is an agreement? An agreement is an arrangement between parties that creates legal obligations between them. Generally an agreement is said to be arrived at when an offer or proposal made by one person is accepted by another‚ with the intention of creating mutual obligations between them. 5. What are the essential features of a contract? Minimum two parties :- Atleast two parties are needed to enter into a contact
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Business Law Tutorial 6 1. Void contract is defined in Section 2(g) of Contracts act‚ 1950 as an agreement which is not enforceable by the law‚ which gives rise to no rights or obligations. Under Section 11 of Contracts Act‚ 1950‚ every person is competent to contract who is of age of majority‚ and who is of sound mind and is not disqualifying from contracting by any law to which he is subject to. The Age of Majority Act‚ 1971 states that the age of majority is 18. The Privy Council in MOhori
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P 205 case 7 Mary McDonald‚ an 86-year-old woman‚ was frequently complaining about the high cost of maintenance of her house and high property taxes. She decided to cancel her fire insurance to reduce expenses. Mary’s daughter was aware of her mother’s concern about the property‚ and she took Mary to the lawyer’s office to sign some papers that would protect her mother. When Mary came to the lawyer’s office‚ she was advised that the paper she was going to sign was the deed to the property. Mary
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conditional constitute consideration? Yes‚ such a promise consideration even if the condition is unlikely to occur. 3. What is the general rule about the adequacy of consideration? The adequacy of the consideration is irrelevant because the law does not prohibit bargains. 5. Is there consideration when a secured note for a lesser amount is given and accepted in discharge of an unsecured note for a greater amount? Explain. No‚ because if a secured not for a lesser amount is given and
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first step in recognizing the underlying ethical dilemma is to determine the individuals involved in this particular case. The first person we become familiar with in this case is the president of Beech Nut‚ Lars Hoyvald. Most of us that work in a business environment today‚ will most likely use the principle of utilitarianism when making an “ethical” decision. We tend to look at our actions‚ or consequences of our actions‚ in order to determine the best decision. I believe that Lars Hoyvald used
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