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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Business Law in Accounting Melissa Randall Business Law I / 421 Professor Deborah Gronet March 16‚ 2009 Business Law in Accounting Accounting is the system of recording‚ reporting and verifying financial information for individuals and businesses‚ including income‚ expenses‚ value of assets‚ and so on. However‚ Business Law I‚ takes what is normally known of accounting and moves into another arena‚ one which includes civil and criminal liabilities‚ contract law‚ ethics and the Sarbanes-Oxley
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surgeon and he brings wants to bring legal proceedings against the golf course. REQUIRED Advise Wayne whether he will be successful in legal proceedings against the golf club? ISSUE Has the golf club breached its duty care to Wayne. RELEVANT LAW/RULES To determine if there has been a breach of duty the standard of care needs to be considered. The standard of care is set out in section 9 and 10 of the The Civil Liability Act 2003 (Qld). Section 9 sets out the general principles. These include
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Karen Boyd FCCA‚ Senior Lecturer at Northumbria University. Law for Business Students FIFTH EDITION ALIX ADAMS Law for Business Students provides an approachable introduction to the law for those new to the subject or studying law as part of a non-law degree. Alix Adams’ writing style brings the subject to life and encourages you to apply the law to your own experiences and the world around you. The new edition supports your learning and engagement with this area through a new colour design and
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Business Law Business Law: Unit�1 Review: 1.A law that restricts a fundamental right violates substantive due process unless it promotes a compelling or overriding state interest. TRUE 2. Owen claims that a Pennsylvania state statue infringes on his "substantive due process" rights. This claim focuses on: the content of the statute 3. A Rhode Island state statute imposes a prison term‚ without a trail‚ on all street vendors who operate in certain areas. A Court would likely hold this statute
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the facts of this case‚ using the information found in the case in LexisNexis. (5 points) The facts of the case found in LexisNexis is: a child was burnt‚ not determined if the coffee was served scolding hot or not‚ no breach of warranty‚ and no negligence of emotional damage. 4. According to the case‚ why was this not a case of negligent infliction of emotional distress‚ and what tort did the court approve? (5 points) The court did approve punitive damages but Burger King had nothing to do with
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found negligent by having a water spill on the floor. However‚ the factors of the time frame‚ that the spill was open and obvious‚ and that Trina did not know of the spill could remove her negligence. Additionally‚ Karen Logan was contributorily negligent here‚ absolving Trina of any negligence claim. Negligence To be negligent‚ the condition of defendant’s property must present an unreasonable risk of harm to people on the property. Here‚ the puddle of water in the middle of the floor was not
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DUTIES OF DIRECTOR Introduction Duties and liabilities are imposed on officers of a company‚ including directors‚ both by common law and statute. Thus‚ directors owe their companies fiduciary duties at common law. These duties are further supplemented by the Act. Officer –section 4(1) FD duty of care skill and diligence statutory duty The fiduciary duties of directors may be conveniently examined under the following categories. Director owe a duty to: Act bona fide and in the interests
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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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ASSIGNMENT 8: Tort of Negligence Issue 1: Chew’s Losses - $300‚000‚ Anxiety‚ Medical bills and the Closure of his stall. Suing Chew under misrepresentation A special relationship between Chew and Don [Hedley Byrne v Heller] Representor has reasonable grounds to believe his statement was true. Is a term; as Chew would not invest in the bonds if not for Don’s words. Sue for negligent misrepresentation (Using “But-for” test to assess damages) Suing under the Tort of Negligence‚ Chew has to prove:
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