DIRECTORS COLLEGE OF BUSINESS School of Accountancy BACHELOR OF BUSINESS STUDIES BACHELOR OF BUSINESS INFORMATION BACHELOR OF ACCOUNTANCY 155.203 Law of Business Organisations Semester 2 2008 Wellington Week 7 Lecture 2 21 DIRECTORS (1) 21.1 Who is a director? Section 126. gives an extended meaning to the term director in order that the persons who actually run the company are liable as such in law. 126 Meaning of “director” (1) In this Act‚ director‚ in relation to a company‚ includes—
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Unjust-contract. d. Unilateral-contract. A [easy p. 197] 57. Which of the following are two terms for concept or situation? a. Implied-in-law contract and implied-in-fact contract. b. Implied-in-law contract and quasi-contract. c. Implied-in-fact contract and quasi-contract. d. Unilateral contract and informal contract. e. Formal contract and implied-in-law contract. B [moderate p. 197] 58. Which of the following is needed to impose a quasi-contract? a. A benefit having been conferred and injustice
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unfair advantage of special disadvantage: Abuse by one party of its superior bargaining position in its dealings with the other party.[3] Application In this case‚ Ji is an elderly man and has difficulty in understanding English. He has had no business experience himself. The manager of XZA Bank is aware that Ji has no other assets and is dependent on the old age pension for all living expenses then still persuades Ji to sign the mortgage contract immediately without informing Ji of the consequences
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Introduction: Contract law is come from a Latin phrase‚ which is pacta sunt servanda (pacts must be kept). Everyday‚ all of us make contracts. It can be a written contract if required‚ for example when buying a car. On the other hand‚ the most common of contracts can be and are made orally‚ like buying from the mini market. A contract intends to make a legal agreement between two or more people or businesses (called parties) that sets forth what the parties will or will not do. Thus‚ The law recognizes breach
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Mia K. Thompson LS311- Business Law I Kaplan University Professor James Starcher November 13‚ 2012 Introduction The purpose of this assignment is to discuss the renovation of Danile and Sondra Estelle home. To finance the cost they obtained a line of credit from Banc One‚ Indiana‚ which periodic does inspections to disburse funds. When the bank did the inspection they found the work to be of poor quality. When Allen failed to act on the Estelle’s complaints‚ they filed a suit in an Indiana
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Business Law “The doctrine laid down in Salomon v Salomon & Co Ltd [1897] AC 22 has to be watched very carefully. It has often been supposed to cast a veil on the personality of a limited company through which the courts cannot see. But that is not true. The courts can‚ and often do‚ draw aside the veil. They can‚ and often do‚ pull off the mark. They look to see what really lies behind” - Lord Denning in Littlewoods Mail Order Stores v Inland revenue Commissioners [1969] 3 All ER 422.
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Executive Summary Various issues in the common law arise when agents make contracts on behalf of principals. Should a principal be bound when his agent makes a contract on his behalf that he would immediately wish to disavow? The tradeoffs resemble those in tort‚ so the least-cost avoider principle is useful for deciding which agreements are binding and can unify a number of different doctrines in agency law. In particular‚ an efficiency explanation can be found for the undisclosed-principal rule
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judiciary to apply statutory interpretation‚ to interpret words of a given Act‚ to give them an exact meaning and to give them legal effect. Statutory interpretation is an integral part of the court ruling process‚ as the role of a judge is to apply the law‚ not make it. When trying to establish Parliament’s intention within an Act‚ there are various aids available to help. Firstly‚ there are three approaches to interpretation. The first of these is the literal rule‚ where‚ according to Martin (2007)1
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acceptance * ‘Capacity or the ability to understand the consequences of a contract by persons of such age prescribed by law & those with sound mind. * ‘Mutual consent’ or agreement on the terms of a contract ‘consideration’‚ or reward for goods or services rendered. The element that distinguishes a contract from casual agreements is that it is legally binding: The law provides a remedy in the event that the promise is broken. Legally‚ certain types of contracts should be in writing‚
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ii. Stakeholder One: Congress (Democratic Party) Since Democratic Party is the one who proposed this law‚ most Democratic senators supported the medical device tax law. Obviously‚ this law will make the implementation of Affordable Care Act become more easier. The Affordable Care Act will be successfully only when government has enough money. Moreover‚ although many medical device manufacturers asserted that this tax is harmful to their businesses‚ these senators think that this tax just a small
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