Business Law – Outcome 2 (Law of Contract) Identify and describe the essential elements of a contract There are 3 essential elements in a contract: * There must be an agreement on all material aspects (Consensus in idem) Both or all parties in a contract must have the same understanding of all terms within the contract. To reach and consensus in idem‚ any acceptance must meet one of the offers made. If a party makes changes to the original offer then this is considered a conditional offer
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A turning point occurs when there is a decisive change ; all previous ideas are overturned and the results are especially beneficial for society. From the 1830s onwards there were many turning points. However‚ in order to be the turning point of the century the change in provision must have the greatest positive impact on the paupers’ lives and there be a shift in ideas of ‘deserving’ and ‘undeserving’ poor. One turning point in provision for the poor was the 1834 Poor Law Amendment Act which overthrew
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services when the public are on the site Pedestrian/Vehicle conflict Workers and others risk serious‚ possibly fatal‚ injuries if struck by a vehicle in a car park or on the highway. Car parking stewarded and car park well lit. Taxi/Bus drop off point provided and pedestrians discouraged from walking on the Highway. Signage and lighting provided to warn other road users of event. Consider temporary speed limits on Highway. Investigate the possibility of providing a shuttle bus. Consult on transport
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ABC and co told Mr. A that the scooter is a new scooter. Is Mr. A a consumer? And does he have any remedy under consumer protection act Mr. Q was going abroad for a business trip for two months. He wanted to give a power of attorney to his friend. Hence Mr. Q sent the Power of attorney in a PDF form through an Email. Is this power of attorney valid? White Detergents ltd was a leading detergent brand in the market. Super white ltd another brand came out with an advertisement stating that super
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Jessica Schmitt Business Law Chapter 15: 8. Sears‚ Roebuck and Co promised to give Forrer permanent employment‚ so he sold his farm at a loss to take the job. But shortly after beginning work‚ he was discharged by Sears who claimed the contract could be terminated at will. Forrer claimed that the promissory estoppel prevented Sears form terminating the contract. Under promissory estoppel a promisor may be prevented from asserting that their promise is unenforceable because the promise gave no consideration
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Business Law 101 9A 4/19/2012 Chapter 4 – p99 Question: 4.5 Does Whittens “work: satisfy the requirements for a claim grounded on negligence? Yes‚ the plaintiff alleging claims that Whitten’s work was “substandard‚ not to code‚ unsafe and not done in a [workmanlike] manner. Whitten failed to act with duty of care and breached his contract by doing bad work. The tort of negligence occurs when someone suffers injury because another’s failure to live up to a required duty of care. Negligence
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1. Which of the following is not an essential element of a Contract of Sale? a. Consent b. Subject Matter c. Delivery d. Price 2. What is the effect when all the three (3) elements of a valid contract of sale are present but there is a defect or illegality constituting any of such elements? a. Contract is Void. b. Contract is Voidable. c. Contract is Unenforceable d. Contract is Rescissible. 3. It takes place upon the concurrence of the essential elements
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Nicholas Business Law Sanders Professor Dennis 9/16/09 District Court of appeal of Florida‚ fourth district‚ 2007 U.S. 946 So. 2d 115 Issue: Should a plaintiff be awarded a case for negligence while being hurt in the owner’s night club‚ knowing that there was a tradition stating that napkins are allowed on the floor dry or damp and anything could happen? Decision: No‚ Florida state court specified that she knew about the risks going into the c‚ lub‚ and also denied her the right
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Comparative Law Case 1-1. IGNACIO SEQUIHUA V. TEXACO INC. ET AL. United States District Court for the Southern District of Texas‚ 1994. FACTS: Plaintiffs‚ Ecuador residents‚ filed suit in Texas over alleged environmental damage in Ecuador. Plaintiffs pray for money damages‚ an injunction to clean up‚ and a court-administered trust fund. Defendants bring motions to dismiss. ISSUE: Should the court decline to exercise jurisdiction based on the doctrine of comity of nations? HOLDING: Yes. LAW: Section
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McGurn v. Bell Microproducts Inc. 284 F.3d 86 (Massachusetts) ISSUE OF THE CASE Bell Microproducts‚ Inc. mailed to McGurn an offer of employment that stated that if McGurn were terminated without cause during the first 12 months of employment‚ he would receive a severance package of $120‚000. McGurn crossed out 12 and replaced it with 24‚ and signed the contract. Bell did not acknowledge the change that had been made to the contract and hired the applicant. McGurn was terminated without cause
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