promised by the other contracting party. There are certain rules that govern a valid contract. THE ISSUE: The issue in the case is whether the agreement was legally binding upon Dream Design or whether it failed for want of consideration. THE LAW: If the promise merely fulfils an existing contractual duty to the promisor‚ he does not provide consideration to buy the buy promisor’s promise. In the case‚ Atlas Express Ltd. V.Kafco (Importers and Distributors) [1989] 3 W.L.R. 389 K entered
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一方邀请另一方检验a statement’s validity 则这个statement通常不会被认为是term. 特别的‚若一方特别指出他的statement可信且不需被检验‚则这个statement通常会被认为是term * Written contracts (the parol evidence rule pp.178) 5. Implied terms (in law or in fact) * Terms implied in law: oblations imposed on certain commonly arising contracts 辨别方法:Has the law already defined the obligation or the extent of it? 可以当作先例为以后的case服务的 * Terms implied by the courts:两个要求 * 1) contract must be a defined type *
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B Bai 1 : Business Law: 40. Principle of Law: In this case‚ Esposito hired Excel Construction Company to repair a porch roof. All terms of the agreement were specified in a written contract. And the dispute occurred when Excel had repaired the rear porch roof because in the agreement failed to specify whether it was the front or rear porch that needed repair. Under civil law‚ two parties here had signed a civil contract in writing. Because the contract failed to specify clearly front or rear
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the two main types of subject-matter jurisdiction in federal court. Definition from Nolo’s Plain-English Law Dictionary The power of the federal courts to decide civil disputes between citizens of different states‚ provided the amount the plaintiff seeks in damages exceeds an amount set by Congress (currently $75‚000). The so-called citizens may include companies incorporated or doing business in different states or a citizen of a foreign country. However‚ note that the federal courts traditionally
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Business Law 304 Case Study case brief---Gregory‚ a comedy writer‚ entered into a contract with Wessel‚ a comedian. The contract provided that Gregory would provide Wessel with a 15 minute monologue for his upcoming appearance on the comedy hour and Wessel will pay $250 to Gregory. All performers could make $500 per appearance on the comedy hour. and when Wessel was scheduled to aper on the comedy hour‚ Gregory informed him that he was unable to provide the monologue‚ because last time Wessel
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is to change the law as it applies to the general population. A minority of Private Members’ Bills becomes law but‚ by creating publicity an issue‚ they may affect legislation indirectly. Like other Public Bills‚ private Member’s Bills can be introduced in either House and must go through the same set stages. However‚ as less time is allocated to these Bills‚ it’s likely they will proceed through all stages. A Bill is a proposal for a new law‚ or proposal to change an existing law‚ presented for
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court might find a similar case‚ though one not involving the Internet‚ and extend its application to the Internet. Through this process‚ existing law can be extended to apply to new situations. Difficulties can arise if courts extend the application of an existing law to a new area where there are crucial differences that make the application of the old law improper. The Jurisdiction of the Court% Steve often purchases office supplies from Supplymax. a company with stores in many states‚ but none
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FACULTY OF LAW UNIVERSITI TEKNOLOGI MARA LESSON PLAN : SEPTEMBER 2012- JANUARY 2013 COURSE : BUSINESS LAW – LAW 416 LECTURER : PUAN FAZLIN MOHAMED ZAIN (Email: fazlin.mz@gmail.com‚ Room No.315‚ C2) |Week No. |Topics |Date (tentative) | |WEEK1 |Introduction | | |
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thefreedictionary.com. The duties are a series of common law‚ statutory‚ and equitable obligations. The duties are analogous to duties owed by trustees to beneficiaries‚ and by agents to principals. Directors owe duties to the corporation‚ and not to individual shareholders‚ employees or creditors outside exceptional circumstances. The duties of a director are divided in two sections‚ the common law duties and the statutory duties of directorship. Common law duties; Duty of Good Faith The most general obligation
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Part A Question 1: Step 1 The issue of law it that for a reasonable contract to be established‚ whether the element of agreement required for the formation of a contract can be formed in parties. Step 2 A legally enforceable contract can be organized by three significant parts; there are intention‚ agreement and consideration. With regards to agreement‚ it means a discussion of the consensus on critical terms needed for a workable transaction. Generally‚ while the parties intended‚ an agreement
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