The issue of this case is whether Freeze Bhd. (FB) has acted as an agent of necessity in the situation and qualified to claim for warehouse storage charges from Nice to Eat Restaurant (NER). Section 142 Contract Act 1950 states‚ “An agent has authority‚ in an emergency‚ to do all such acts for the purpose of protecting his principal from loss as would be done by a person of ordinary prudence‚ in his own case‚ under similar circumtances.” According to Section 142‚ an agency by necessity may arise
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pole and that Butterfield was not riding with care‚ Forester should win Trial Court rules in favor of Forrester; Appellate court upholds Incipient use of contributory negligence: principle that a plaintiff is the more liable party in a negligence case‚ cause injury to themselves regardless of defendant Legal Issues: Does the negligence of the plaintiff supersede possible negligence of the defendant? Court’s Analysis: Butterfield would have seen the obstruction if he had used ordinary care.
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Protection Dealing with government regulation in business is an integral part of a manager’s responsibilities. Recognizing what actions might violate particular consumer protection regulations is crucial to protecting the company and to insuring its profitable operation. Government regulation is found every day in the operation of businesses large and small‚ and once understood‚ it allows managers to make good decisions regarding business practices. When you have completed this topic‚ you will
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Information Systems‚ 13e (Laudon/Laudon) Chapter 1 Information Systems in Global Business Today 1) Internet advertising is growing at approximately 10 percent a year. Page Ref: 6 2) Developing a new product‚ fulfilling an order‚ and hiring a new employee are examples of business processes. Page Ref: 11 3) A fully digital firm produces only digital goods or services. Page Ref: 11 4) A business model describes how a company produces‚ delivers‚ and sells a product or
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Part A (a): Ethical dilemma Should Tom tell Michael that Brenda is breaking the rules/law. Ethical egoism Under ethical egoism‚ Tom should tell Michael what Brenda is doing‚ as he is feeling worried and guilty and this would ease his mind. He could also gain benefits from Michael. Tom would do this because he is promoting his well being above everyone else’s (QUT‚ 2011). Utilitarianism Under Utilitarianism‚ Tom should tell Michael about Brenda and Mary’s arrangement‚ because Utilitarianism
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The Value of HRM to Business Organisations Section 1 This essay will evaluate the literature available on the value of the selection method of personality tests to business organisations. These tests measure individual’s responses to what are usually fixed choice questions to uncover characteristics that have important implications for their job performance (Beardwell and Claydon‚ 2007). Personality tests were first reviewed in a personnel selection context in 1965 (Guion and Gottier‚ 1965)
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position she would have been had the other side performed the contract. Specific Performance - In cases of rare property court ordered to complete the deal. Reformation - Court will rewrite contract. Describe types of acceptable performace of a contract. Strict Performance Substantial Performance What are the Sherman and Clayton Antitrust Acts? Sherman Act of 1890 - first national law to regulate competition. Clayton Act of 1914 clarified the Sherman Act. What are the key provisions
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Behavior-Oriented Rating Method VS. Results-Oriented Rating Methods The behavior-oriented rating method focuses on an employees behavior. There are two ways that behavior-oriented method is used: employees behavior is compared against other employees or an employee evaluated in terms of performance without reference to others (2005). These two systems are known as relative rating system and absolute rating system. Under the behavior-oriented rating method there are several ranking systems to choose
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Question 1 (b) The problem looks at whether the existence of contract entitled Albert to claim for a breach of contract from Charlie with four elements of contract to be established here: that the offer been made by Albert and has been accepted by Charlie‚ that parties intend to create legal relationship and that the consideration was provided. The issue here is to determine if a reasonable person would consider offer had been made. An offer may be described as the indication of one person to another
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oppressive and unfair scenario. Therefore‚ the motion for preliminary injunction was denied in favor of the defendants. Facts: The defendants‚ upon being hired by Russell‚ entered into contracts which contained three relevant covenants in this case; not to compete with the plaintiffs‚ not to solicit the plaintiff’ customers‚ and not to disclose the plaintiffs’ confidential information. The defendants‚ for many alleged reasons‚ separated themselves from the plaintiff and began working for a competitor
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