The issue of this case is whether Freeze Bhd. (FB) has acted as an agent of necessity in the situation and qualified to claim for warehouse storage charges from Nice to Eat Restaurant (NER). Section 142 Contract Act 1950 states‚ “An agent has authority‚ in an emergency‚ to do all such acts for the purpose of protecting his principal from loss as would be done by a person of ordinary prudence‚ in his own case‚ under similar circumtances.” According to Section 142‚ an agency by necessity may arise
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Contract There are different elements of a contract that you must take into account when entering one. The following will give an understanding of these and explain their importance. Capacity There are four essential elements that affect contract law. The first of these is capacity. This element states that parties in agreement with a contract must have the legal capacity to enter into that contract. There are factors that affect the capacity of a party that either does not give them capacity or
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Question 1 When a case of negligence is filed‚ three elements must be proven and justified in order to sustain a lawsuit. These three elements include: i) Defendant owed a duty of care to plaintiff ii) Defendant breached the duty of care iii) Defendants breach of duty caused injury or damage to plaintiff There are several parties of defendants involved in this case including Bart‚ the owner of 1 Main Street‚ the initial property where the fire broke out; Provincial Insurance Inc. for the
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1. What is law? (There are 6 functions) A body of rules of action or conduct prescribed by controlling authority. Six functions: keep the peace‚ maintain the status quo‚ preserve individual rights‚ protect minorities against majority‚ promote social justice and provide for orderly social change. 2. What does jurisprudence mean? What does common law mean? Jurisprudence is the philosophy of law. Common law is judicial decisions that don’t involve interpretations of statutes‚ treaties‚ regulations
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Business Law I January 31‚ 2013 Corporate Structure Assessments Part A: A sole proprietorship is a type of business entity that is owned and run by one individual and in which there is no legal distinction between the owner and the business. The owner receives all profits (subject to taxation specific to the business) and has unlimited responsibility for all losses and debts. The IRS does not consider the sole proprietorship as a separate business entity. The owner reports
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Phase 2 Individual Project - International Law and Business The Legal and Ethical Environment of Business Professor Lisa Smart Francisca Smith September 03‚ 2012 Abstract Just about all of our companies in the United States do business worldwide. Many companies trade and work with companies that are in a variety of other countries and conduct international business. My company is currently engaged in business activities both nationally and internationally. We have heard that a few of the
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Business Law 101 9A 4/19/2012 Chapter 4 – p99 Question: 4.5 Does Whittens “work: satisfy the requirements for a claim grounded on negligence? Yes‚ the plaintiff alleging claims that Whitten’s work was “substandard‚ not to code‚ unsafe and not done in a [workmanlike] manner. Whitten failed to act with duty of care and breached his contract by doing bad work. The tort of negligence occurs when someone suffers injury because another’s failure to live up to a required duty of care. Negligence
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CONTRACT & AGENCY LAW END-OF-COURSE ASSESSMENT JULY 2012 PRESENTATION Submission Date : 08 Sept 2012 Question 1: Legal issues: As there are different parts to “Clause 8” in the employment contract which Julia as an employee has signed with Calypso Private Limited‚ we shall examine four separate legal issues. The first legal issue is whether Calypso is able to enforce part (a) of Clause 8 which states that Julia shall not be directly or indirectly
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| Unit 3 Assignment | LS311- Business Law | | In this paper I will go over three different scenarios and discuss the types of crimes that took place. | Scenario 1 While passing Makoto’s house one night‚ Sarah see a laptop computer left unattended on Makoto’s porch. Sarah takes the computer‚ carries it home‚ and tells everyone she owns it. In this scenario the crime is larceny. Larceny is the unlawful taking and carrying away of someone else’s property with the intent to permanently
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DEPARTMENT EXAM TEST BANK SPRING 2011 True/False Indicate whether the sentence or statement is true or false. __F___ The Offeror Is The Party With The Power To Decide Whether To Create A Contract. __T___ An offer made as a joke‚ where a reasonable person would conclude that it was made as a joke‚ cannot result in a contract. __T___ The communication of an offer can be made by the offeror or the offeror ’s agent. __T___ Generally‚ advertisements‚ catalogs‚ price lists‚ etc. are not treated
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