consumer goods (UCTA) will be explained. Lastly‚ Peter will be advised regarding this issue. 2. Peter v Salesperson Applicable Law 1: Issue This issue is whether the advertisement brochure is an invitation to treat. It is also important to note whether the exemption clause in the brochure makes the invitation to treat‚ permanent. Applicable Law Firstly‚ an invitation to treat is not an offer. It is an invitation for an offeror to begin negotiations‚ make an offer‚ but does not
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Question 1 Explain in which way an agency may be terminated by operation of law. (3marks) Answer: An agency is created by express appointment when the principal appoints the agent by express agreement with agent. This express agreement may be an oral or written agreement between the principal and the agent. There are four factors can cause the termination by operation of law. i. Agency is terminated by frustration In Marshall v Glanvill‚ Glanvill who is a firm of drapers appoints
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likelihoods of product default. The seller sometimes may claim these warranties impliedly or expressly. They also may disclaim warranties or restrict buyers to a few requirements to qualify for a warranty. A warranty is a promise‚ arising by operation of law‚ that something that is sold will be merchantable and fit for the purpose for which it is sold. Express warranties: need to be communicated by words to the consumer by the seller. The seller can communicate the agreement in a written contract or
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Table of Contents Introduction Law plays important roles to protect benefits‚ obligations and bringing fair for everybody in society. This report gives information about tortuous liability‚ contractual liability‚ vicarious liability‚ the tort of negligence and defences. After that‚ I can determine liability of person who is responsible when violations as well as providing advices for the legal problems in business of VJSC. (3.1) Contrast liability in torts with contractual
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Research Paper: The law laid down in Soloman v. Soloman and Co. is often considered the source on the basis of which the jurisprudence of corporate personality has been written world over. However‚ the history of corporate-commercial litigation has witnessed situations where in the Courts have gone beyond the corporate cloak and analyzed the working and the motives of the members or directors of the company: In doing the same‚ the Courts have evolved the concept of lifting or piercing the
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Business Law Tutorial 6 1. Void contract is defined in Section 2(g) of Contracts act‚ 1950 as an agreement which is not enforceable by the law‚ which gives rise to no rights or obligations. Under Section 11 of Contracts Act‚ 1950‚ every person is competent to contract who is of age of majority‚ and who is of sound mind and is not disqualifying from contracting by any law to which he is subject to. The Age of Majority Act‚ 1971 states that the age of majority is 18. The Privy Council in MOhori
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BUSINESS LAW ESSAY PLAN ➢ Acceptance must be communicated to be effective. ➢ Where the parties contemplate acceptance by mail‚ acceptance will be complete as soon as the letter is properly posted. Postal rule definition ➢ Actual communication versus constructive communication ➢ Actual acceptance (real) versus constructive acceptance (postal rule) (Graw p.89) ➢ Contract is an agreement which the law enforces. ➢ Contract law is the basis of business law ➢ Two main sources:
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Common law and equity: the reasons behind the creation of equity. What is it and how is it different from common law? What is the present relationship between common law and equity? Methodology In order to provide a broader image of the principles applied by equity and the common law‚ secondary research was carried out. The process involved both gathering information from the internet websites and Business Law textbooks. Findings The development of English
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show why I agree with the statement. The reason as to why Contract law exists is because it is there to make sure people keep their promises to one another. A contract is made up of a promise of one party to do a certain thing in exchange for a promise from the other party to do another thing. The law will enforce on them if either party breaks away from the promise‚ as promises are what contracts are all about. Contract law is based on several Latin legal principles‚ the most important of which
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OPEN UNIVERSITY MALAYSIA FACULTY OF BUSINESS AND MANAGEMENT Course Code: BBUN 2103 Course Title: Business Law Name: Mariyam Anoosha Afeef Student ID number: S11723225 Tutor Name: Ahmed Nasheed Learning Centre: Villa College Trimester: May 2012 INTRODUCTION We enter into contracts that are made orally‚ every day‚ without us even realizing. For example when we buy something from a shop‚ we make a contract with the shopkeeper. However sometimes written contracts are
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