Explain the facts‚ issues and reason in the case of Carlill v Carbolic Smoke Ball Company. FACTS The Carbolic Smoke Ball Company made a product called the "smoke ball". It claimed to be a cure for influenza and a number of other diseases‚ in the context of the 1889-1890 flu pandemic (estimated to have killed 1 million people). The smoke ball was a rubber ball with a tube attached. It was filled with carbolic acid (or phenol). The tube would be inserted into a user’s nose and squeezed at the bottom
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1 . “The fundamental attribute of corporate personality is that company is a legal entity distinct from the members.”Elucidate the statement .Also specify the important features of a company. 2 . Discuss the essential elements of a valid contract. 4 . What are the characteristics of negotiable Instrument? Discuss the ‘privileges’ of holder in due course as per the provisions of the Negotiable Instruments Act‚ 1881? Also state the important amendment to be incorporated under sec 138 of the
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BUSI 2601: BUSINESS LAW CHAPTER 1: THE ROLE OF LAW How Do We Define Law? 1. Law is needed to protect persons and property; it prohibits conduct that society believes to be harmful to others. The law punishes a wrongdoer who is found guilty of such conduct‚ and usually also give the vistim a right to obtain compensation from the wrongdoer. It prescribes simple but vital rules that allow us to get on with our everyday lives. 2. Law gives government the powers to act for the benefit of society
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Negligence In Nursing Defined‚ Described‚ Destroyed Brian Dixon Devry University Abstract In the past the word negligence normally only encompassed the wrongs of a physician and at that time there was a distinct division between a nurse and a physician. The roles of nurses today however have changed quite drastically. Today’s nurses have assumed many functions and responsibilities that were previously performed solely by the physician. As the roles of nurses have advanced and the profession
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In Defense of Negligence Crystal J. Bolden Professor Nekia S. Hackworth Elmo Puppeteer Sued over Sexual Allegations November 28‚ 2012 Relevant Facts in the case of Kevin Clash 1 According to New York Daily News‚ November 2012 the voice behind the little red furry friend Elmo from “Sesame Street” is being sued by three different accusers for inappropriate sexual conduct towards under aged kids. The first accuser came fourth stating that he had sexual relations with Kevin
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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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losing party would be subject to very harsh and unreasonable bc the contract was unenforced Categories of illegal agreements 1)that violate statutes (break laws or are directly assisting in broken laws) 2)violate public policy 3)unconscionable agreements and contracts of adhesion Noncompetition clauses 1) Clause must serve a legitimate business purpose 2) The restriction on competition must be reasonable in time‚ geographic area and scope.3) The clause should not impose any undue hardship.. -Very
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I. CASE 4.28: Contributory Negligence Facts: • Pride Accountants has been the auditor of Skyhign Ltd for the last five years. • The audited was made for the year ended 30 June 2009‚ where Pride Accountants issued an unqualified opinion of the financial reports. • Skyhigh is a largest client of Pride Accountants. • They have a good working relationship. • In the past‚ audits of Skyhigh have run smoothly and its financial reports have always been unqualified. • The audited was made for the
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Introduction to Business Law- Assignment 1B Advise TLC Ltd. as to any possible action they may have for misrepresentation against answer Ltd. _____________________________________________________________________ Treitel in The Law of Contract (2003) defines a contract as: “An agreement giving rise to obligations which are enforced or recognised by law. The factor which distinguishes contractual from other legal obligations is that they are based on the agreement of the contracting
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Genuine Assent Are you for real? -Valid‚ void‚ voidable. -Valid: perfectly fine contract. -Void: contract cannot be used. -Voidable: a party of the contract has the right to declare it void. -Unilateral Mistake: mistake by one party‚ has no effect on the contract. Contract must be followed‚ even with mistakes. Valid contract. -Mutual Mistake: mistake made by both parties. Causes agreements to be void. -Existence of subject matter. -Nature of the agreement. (For some really good
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