trees and no one should bear responsibility for Galindo’s death. It is an accident that is beyond the human ability to prevent and the case should be dismissed. Support your decision with an appropriate rule of law. The decision is based on custom/defenses to negligence. Custom rule of law states that there is no breach when the defendant acts in line as everyone else. And in this case the act of ignoring a leaning tree is
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Northwest Brands‚ Inc.‚ is a small business incorporated in Minnesota. It’s one class of stock is owned by twelve members of a single family. Ordinarily‚ corporate income is taxed at the corporate and shareholder levels. Is there a way for Northwest Brands to avoid this double-income taxation? Explain your answer. I believe so‚ the Northwest Brands can stay clear from double-income taxation by electing to be treated as an S corporation
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etc... Intellectual property can be created by you or you can pay someone to create it for you. Intellectual property is protected by trade secrets‚ patents‚ trademarks and copyright laws. Each of these laws covers a specific type of intellectual property. History of Intellectual Property Law Intellectual property law dates at least as far back as medieval Europe. In those times‚ “guilds‚” or associations of artisans in a particular industry‚ were granted authority by the governments to control the
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in the entertainment business providing models and dancers for the industry. In the meantime‚ they entered into a contract of employment with Tyra. Tyra is to act as their event manager. The terms of the contract states that Tyra will be paid RM10‚000 a month and will continue to work with the company once the company has been formed‚ for a period of three years. Three months later‚ a company known as CayoteUgly Bhd (CUB) was formed. CUB’s MOA expressly states that the business of the company is to
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DISTINGUISH BETWEEN SALE AND AGREEMENT TO SELL DOCUMENTS OF TITLE TO GOODS CONDITIONS AND WARRANTIES DOCTRINE OF CAVEAT EMPTOR RIGHTS OF UNPAID SELLER DELIVERY – RULES REGARDING DELIVERY SALE BY AUCTION Introduction Originally‚ the law relating to sale of goods was contained in Chapter VII of the Indian Contract Act‚ 1872. The same was repealed and re-enacted by the Sale of Goods Act‚ III of 1930. Definition (Section 4) A contract of sale of goods is a contract whereby the seller
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agreement is made when there is an offer with the intent to be bound by the offer‚ reasonably definite terms‚ and communication of offer to offeree by offeror. The offer could be terminated either by revocation‚ rejection‚ expiration‚ or operation of law. Brian can argue that there was no agreement to begin with‚ and thus there was no contract. There was no offer made (the advertisement in the LA Times for the seminar was not an offer but an “invitation to negotiation”)‚ and reasonably definite terms
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an offer. According to section 13‚ "Tow or more persons are said to consent when they agree upon the same thing in the same thing in same sense." Thus‚ consent involves identity of minds in respect of the subject matter of the contract. In English Law‚ this is called ’consensus-ad-idem’. Contract act sec 14‚ is the which has been obtained by the free will of the parties. No pressure in the form of coercion fraud undue influence‚ mistake and misrepresentation in
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from a sudden event like: dumping‚ war‚ natural disaster‚ etc. However‚ in most of the cases‚ the exchange rate risk is considered as one of many business risks that companies have to anticipate and face. In this case‚ the event that the value of Swiss franc rose against the U.S. dollar‚ which reduced the profit of the importer‚ was just a popular business risk. Moreover‚ the effect of this currency fluctuation just reduced a half of the importer’s
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proprietor of the store‚ or the cleaner or the floor polish manufacturer The case states that Dylan incurred medical expenses due to slipping on the highly polished floor when shopping at Quills Department Store. This case applied to Australian common law‚ implied terms of negligence. The first issue is whether the proprietor of Quills Department Store is liable to Dylans injury. In order to determine‚ there are three steps must be satisfied. Firstly‚ if the proprietor owed a duty of care to Dylan need
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The Case of Avco Environmental Services Participant: Mohanrasu G Batch : PGXPM 10 Questions: What should Chantale do? What are the reasonable limits on loyalty to one’s employer? Would it make difference if Chantale had a position of greater authority? Would it make a difference if Chantale had scientific expertise? Chantale Leroux had reported to her immediate supervisor as soon as she got to know that the medical wastes are getting disposed of in municipal landfill. Immediate
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