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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Chap 29 United domains Corp v Brian Pty Ltd(p200): Was the agreement a joint venture or partnership? Decision: High court held that the parties were in a partnership; hence United Domain was entitled to share in profit. Canny Gabrial Castle v Volume Sales(p200): Canny Gabrial argued that the 2 companies were joint ventures Decision: Agreement was partnership Polkinghorne v Holland(p205): Was the giving of financial advice outside the ordinary business of the law firm‚ such that the partners
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Citation Kirtsaeng DBA Bluechristine99 v. John Wiley & Sons‚ Inc. (Docket No. 11-697) 568 U.S. __ (2013). The Respondent‚ John Wiley & Sons (“Wiley”)‚ brought a claim against Petitioner‚ Supap Kirtsaeng d/b/a Bluechristine99 (“Kirtsaeng”)‚ for violation of the Copyright Act‚ 17 U.S.C. Sections 101-810. Facts Kirtsaeng began as a legal case in U.S. District Court‚ New York‚ (2010) and culminated in a U.S. Supreme Court (“SCOTUS”) ruling‚ March 13‚ 2013. Both the District Court and the 2nd
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unlike any other known competitors. The business is currently experiencing legal issues and is in need of updating its policies and practices; the café has recently joined the small business federation and have been assigned with legal advisory for best practices on contractual and consumer matters. The Games Cafe needs to improve on how it regulates business operations by adapting suitable policies and practices in order to legally protect the business and help it to operate more effectively
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Mueller FROM: Lin Chen DATE: April 1998 SUBJECT: NES AG – Gifting in China NES AG’s problem is that needs approval to become a holding company in China. However‚ its code of ethics conflicts with the local custom of gifting to as a way of achieving certain outcomes. The problem in the short term is that the company needs to obtain the approval within a month. In the long term‚ not getting the approval would hurt shareholders or‚ if NES AG gives gifts to officials‚ it will violate NES’s ethical
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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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dissolution of Smiths? 2. There was clearly no dissolution. The agreement provided that the partnership may only be terminated “by mutual agreement”. Hence‚ Morrissey’s unilateral action (resignation) is insufficient to dissolve the partnership: Moss v Elphick. Section 26 of the Partnership Act (“PA”) is applicable only when the partnership was silent on the duration of the partnership. In this instance‚ the agreement was for the partnership to enure for the joint lives of the parties (unless terminated
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Business law LAW OF CARRIAGE:- Defination of law of carriage: Law of carriage means carrying goods from one place to another against the price. It is the branch of business. Carriage is the basis for the management and operation of business successfully and effectively. It is the factor of business activity that helps to mobilize the labor‚ raw material‚ and tools and machinery etc. Modern business activity are based on the exchange of goods and transportation of goods from one place to another
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Law And Business Decisions Mustafa Q. Faisal Southern New Hampshire University Jan. 2015 Abstract In this paper‚ I will illustrate the impact of employment law on the business decisions‚ and how the employment law prevents the business owners and managers to make decisions inside the organization regarding the hiring‚ payment‚ promotion‚ and layoff based on the race‚ sex‚ religion‚ and age. I’ll discuss the impact of the government policies on the location decisions of businesses‚ and how the
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CONTRACT – REMEDIES (Pg 183) Damages |Damages is the principal common law remedy for a breach of contract. It refers to the monetary compensation payable by the defaulting party. | |Assessment |Aim of unliquidated damages | | |The general principle of assessment is that the injured party is to be placed in the same financial position he
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