Tortious Liability arises from the breach of a duty primarily fixed by the law : this duty is towards persons generally and its breach is redressible by an action for unliquidated damages. 3. According to FRASER – “It is an infringement of a right in rem of a private individual giving a right of compensation at the suit of the injured party. 4. According to Salmond – “ It is a civil wrong for which the remedy is a common law action for unliquidated damages and which is not exclusively the breach
Premium Tort
2) Is Bright entitled to specific performance because of the unique nature of the goods? Yes‚ the seller should cure the nonconforming goods for the buyer. If the buyer accepts the sellers re-tempt to make another delivery because the nature of the circumstance‚ it would need to be done within the time for performance expires. (UCC 2-508; 2A-513) 4) Hoselton did not have a chance to cure the defects. Is Hoselton correct? No‚ the buyer is given the opportunity to inspect the goods. If problems
Premium Accept Contract Meaning of life
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
Premium Invitation to treat Contract Carlill v Carbolic Smoke Ball Company
Pusateri v. E. F. Hutton & Co.‚ Inc. Fiduciary Duty after Francis Pusateri retired; he met with Gilbert J. Johnson‚ a stockbroker with E. F. Hutton & Co.‚ Inc.‚ and informed Johnson that he wished to invest in tax-free bonds and money market accounts. Pusateri opened an investment account with E. F. Hutton and checked a box stating that his objective was “tax-free income and moderate growth.” During the course of a year‚ Johnson churned Pusateri’s account to make commissions and invested Pusateri’s
Premium Investment Tort law
Tax Law Exam L. 2 Jurisdiction To Tax Basic Formula: S4-10 -Tax Payable = (Taxable Income x Tax rate) - Tax Offsets Taxable Year: 1 July – 30 June (note: s4-10 Note 1 – Commissioner may allow to adopt different period Taxable Income S4-15 – Taxable Income= Assessable Income – Deductions Assessable Income S6-1 – Assessable Income= • Ordinary Income S6-5 AND • Statutory Income s6-10 BUT NOT • Exempt Income s6-15 Deductions General Deductions -s8-1 Specific Deductions
Free Tax Taxation Taxation in the United States
Physical Dimensions. RIGHTS ABOVE SURFACE →The owner’s rights in airspace should be restricted to “any such height as is necessary for the ordinary use and enjoyment of his land and the structures upon it”. If within this meaning their may be an action in trespass. – Berstein v Skyviews and General Ltd. S 2(1) of the Damage by Aircraft Act 1952 precludes action in trespass for overflying aircraft.→ An intrusion by a land based structure located on the defendant’s land constituted a trespass to the
Premium Real estate Leasehold estate Property law
International Law Reading Notes: Ch. 3: Sources * There is no single body to create laws internationally binding upon everyone nor a proper system of courts with comprehensive and compulsory jurisdiction to interpret and extend the law. * Sources: provisions operating within the legal system on a technical level * Reason and morality are excluded as well as functional sources * Survey of process whereby rules of international law emerge * Article 38 of the Statute of
Premium Law
• Association of people (2 or more‚ not more than 20‚ except law & accounting firms) (CA 2001 Section 115‚ Pg 668) • Carrying on a business with a common view to profit Other Forms of Business (Pg 52‚ 3-140 3-160) Joint Ventures • Contractual agreement to conduct a particular venture or related ventures • Not a separate legal entity • Assets & obligations of the venture are the venturers personally • Parties not conducting a business “in common” • Venturers are not agents of each other • Liability
Premium Board of directors Types of business entity Corporation
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
Premium Contract
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
Premium Horse Legal terms English-language films