HA2022 Business Law Tri 1‚ 2011 QUESTION 1 Sue Fairbairn is 35 years old. She is a commercial boat skipper who works for Whale Watching. She has held a commercial skipper’s licence for 15 years and is considered to be a very experienced whale watching skipper. To ensure she is always at the peak of her health she has annual medical examinations‚ which are conducted by her local doctor. Last week she was booked to take a group of tourists on a whale watching cruise leaving from Byron Bay and
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Two Types of Employment There are two categories of employment available to people: to be an employee or to be self-employed. These two types of employment are known as a ‘contract of service’ and a ‘contract for service’. Someone under a ‘contract of service’ refers to a person who is‚ for example a person working in a supermarket as a shop assistant is under a ‘contract of service’. In contrast‚ someone under a ‘contract for service’ refers to a person who is self-employed (also known as an ‘independent
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included contracts of utmost good faith‚ statement which are only partially true or distort the truth‚ and the statement which are true at the time of making but change before the contract is entered into. There must be a false statement of fact or law as oppose to opinion or estimate of future events in the case of Bisset v Wilkinson3. At the same time the representation must be untrue. And the person making the representation must know that it is false‚ or not believe in its truth‚ or be recklessly
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is to change the law as it applies to the general population. A minority of Private Members’ Bills becomes law but‚ by creating publicity an issue‚ they may affect legislation indirectly. Like other Public Bills‚ private Member’s Bills can be introduced in either House and must go through the same set stages. However‚ as less time is allocated to these Bills‚ it’s likely they will proceed through all stages. A Bill is a proposal for a new law‚ or proposal to change an existing law‚ presented for
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Multiple Choice Questions Learning ResourcesTextbook: Business Law Seventh Edition‚ 2010 Henry R. Cheeseman Prentice Hall 1) According to Judge Jerome Frank‚ uncertainty in the law: a. is an unfortunate accident b. should be avoided whenever possible c. is of immense social value d. does not exist in the U.S. legal system 2) Which of the following is most consistent with the Natural Law School of jurisprudence? e. Law is based on moral and
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Research Paper: The principle of a separate corporate personality is a fundamental concept in Business Law. However this does not stop the courts from lifting or piercing the veil to see what lies beneath. Critically discuss this statement citing the relevant case law. As is evident with most principles of law there are exceptions to the doctrine of separate legal personality. The courts will generally depart from the principle separate corporate personality in certain instances where tools
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implied-in-law contract. a quasi contract. 3. Barb allows Candy to enter Barb ’s warehouse and take a DVD player. Charged with theft‚ Candy can successfully claim‚ as a defense‚ (Points : 2) consent. duress. entrapment. self-defense. 4. The U.S. Congress enacts a new federal statute that sets different standards for the liability of businesses selling defective products. This statute applies (Points : 2) only to matters not covered by state law.
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decide whether make a contract or renew a contract with consumers. And also the insurance company wants to decide the price of the contract and terms and conditions of the contract on the basis of the information which is provided by the consumers. The law enforces a duty of disclosure on consumers when they are looking to take a new insurance cover or wants to renew the existing insurance cover. Insurance
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THE LAW OF BUSINESS ORGANIZATIONS CHAPTER 4 – Piercing the Corporate Veil Minne B Berkey v Third Avenue Railway Company Overview: This is a New York Court of Appeals decision in 1926 adjudicated by the legendary Justice Cardozo. In this seminal case on ‘piercing the corporate veil’‚ the Court of Appeals finds in favor of the Defendant‚ Third Avenue Railway Company. The Court holds that Third Avenue‚ the parent company of Forty-second Street Company‚ which operated a rail line upon which the
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OUTLINE 1. Introduction: The nature and function of the law Administrative matters The first part of the seminar covers an explanation of how to successfully study in this course. In particular you need to understand: • • • The tuition pattern of the course; that it operates as a package: three hour seminar (lecture and case study)‚ prescribed readings‚ E-tutorial and revision notes. How to download and install the First Principles of Business Law E-tutorial software. There is an early piece of assessment
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