if management thinks it’s warranted.” Profits remain high‚ but no bonus is paid. If the employees sue‚ would a court enforce the promise? The fact that a promise has been made does not mean the promise can or will be enforced. Under the common law‚ a primary basis for the enforcement of promises is consideration. Consideration usually is defined as the value (such as cash) given in return for a promise (in a bilateral contract) or in return for a performance (in a unilateral contract) Something
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Any Kind Checks Cashed‚ Inc. v. Talcott it was crucial to determine whether holder of the instrument acted in good faith and fair dealing‚ as is required to have status of holder in due course. The definition of “good faith” is found in Commercial Law Article § 3-103(a)(4): “Good faith’ means honesty in fact and the observance of reasonable commercial standards of fair dealing.” The court upheld a trial court finding’s that Any Kind had not acted in good faith in cashing a check for $10‚000 but
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that it applies to contracts for work and materials‚ also if the service done was careless. a) When carrying out the first annual service‚ Crankit fits a new fuel pump. This malfunctions 24 hours later‚ causing an explosion. Injuries result to Jeremy‚ who lives next door to the factory and the explosion also causes business interruption for 3 weeks. Contract of works and materials - service and goods being provided - SUPPLY OF GOODS AND SERVICES ACT 1982 The fuel pump is defective
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Sale of Goods Ordinance‚ Cap 26 shall apply in this case given the fact that the motorcycle seller sold the second hand motorcycle to Sam as a course of business‚ a legally binding contractual relationship for sale of goods was established although there was no information as to whether Sam bought the motorcycle was for business or private use. Besides‚ the car shall be defined as goods under (s.2(1)) of the aforesaid ordinance. The motorcycle seller was in breach of the implied conditions in
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Business Law What is Business Law? Businesses interact in many and varied ways. To name just a few types of business transactions‚ there are contracts‚ mergers and acquisitions‚ leasing‚ etc. How these transactions are carried out is overseen by Business Law. Additionally‚ how businesses are formed is a large part of Business law. This area of law is very wide-ranging‚ although it deals primarily with defining the rights and responsibilities of businesses‚ rather than enforcing these laws. Because
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takes longer and cost more because the arbitrator needs time to hear from both parties‚ analyze facts‚ examine evidence and determine a ruling that is legally binding. Usually parties who decide to use the mediation process will continue to conduct business with each other; typically parties who use arbitration
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What is a contract? A contract is an agreement enforceable by law. 2. What is an agreement? An agreement is an arrangement between parties that creates legal obligations between them. Generally an agreement is said to be arrived at when an offer or proposal made by one person is accepted by another‚ with the intention of creating mutual obligations between them. 5. What are the essential features of a contract? Minimum two parties :- Atleast two parties are needed to enter into a contact
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INTRODUCTION TO BUSINESS LAW The Law of Tort Core Reading: Lucy Jones‚ Introduction to Business Law (Oxford University Press‚ 2011). Chapter 11 on The Tort of Negligence (Refer to pages 340 – 374). Please note that we ARE NOT going through every single areas in relation to negligence. For instance‚ the area on nervous shock. Aims and Objectives: - To enable students to appreciate the general law of tort‚ especially the concept of negligence; To understand how this area applies
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Q. 1. A insured his house against fire. Later while insure‚ A killed his wife‚ severely injured his only son‚ set fire to the house and died in the fire. The son survived and sued the insurer for the fire loss‚ advice the insurer. Explain briefly? (5 Marks) Q.2 a) Satrang Singh admitted his only infant son in a private nursing home. As a result of strong dose of medicine administered by the nursing attendant‚ the child
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Insurance is a means for persons and businesses to protect themselves against the risk of loss. An individual who purchases automobile insurance may be reimbursed by the insurer if his or her car is stolen. Insurance is crucial to personal‚ business‚ and estate planning. Insurance is defined as a contract whereby one party undertakes to identify another against loss‚ damage or liability arising from an unknown event. It is a means of transferring and distributing risk of loss. The risk of loss
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