covering the additional cost of materials and additional work needed to construct the swimming pool. Principle The underline legal principle applicable to this situation is that ‘once an offer is complete‚ or in this case accepted‚ the offer cannot be revoked’. Doing so would constitute to a breach of contract. The offer shows a clear intention (to pay additional $5‚000 on top of the original agreed amount of $30‚000) of the offeror (Damien) that he intends to enter into a legal relationship with the
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Introduction This report is split into four sections. Section one discusses offer and acceptance in relative to retailer and consumer and permitted laws that govern the contract agreement between them. It also focuses the matters of invitation to treat. Then advise will be given to Terri in respects to ‘offer and acceptance’ and ‘invitation to treat’ with the help of case studies. Section two discusses employment law‚ discrimination law and unfair dismissal. The author will then advise Jane on how she should
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Legal Environment of Business Class Notes 8/19/13 2 Branches of Law Civil vs. Criminal Civil Criminal Burden of Proof (quantum/amount of evidence) b.o.p is on plaintiff who initiates a civil action (51% preponderance of evidence - over 50% of the believable evidence is in the plaintiff’s favor) **Can have both Civil and Criminal in a trial burden of proving the defendant’s guilt is on the prosecution‚ and they must establish that fact beyond a reasonable doubt Remedies
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metal‚ for RM150‚000.00 or nearest offer. A new motorbike of the same type would cost 250‚000.00. Dahari knew that the motorbike is worth more than RM150‚000.00. He responded quickly to say he accepted the offer. However James informed him that he has sold the aluminium BMW lightweight motorbike and now he has only a racing motorbike available for sale for RM220‚000.00. Advise Dahari. (Total: 20 marks) Question 1 is about the law contract it entails issues regarding
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are tattooed; that’s almost one out of every four people. This percentage has since grown in the last five years. As a result‚ employers are finding the need to update their current dress codes. In some cases‚ managers are adding new rules to keep body art covered up. However‚ in other cases‚ managers are loosening up to attract younger talent. In 2006‚ at the Society for Human Resource Management’s Annual Conference and Exposition in Washington‚ D.C.‚ the challenges employers deal with “unconventional
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Introduction of the Case A contract‚ which is an agreement between two or more parties‚ is enforceable at law. Once the contract is formed‚ those parties need to abide their promises. The essential elements of a contract include offer‚ acceptance‚ consideration and intention to create legal relations. In this case‚ it mainly covers offer‚ acceptance‚ and consideration‚ and others are presumed to be presented. First of all‚ we first identify whether the advertisement posted by Alan is an offer or is just
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1. How do you distinguish between an offer and an invitation to treat? The word ‘proposal’ bears the same meaning as ‘offer’ in English law. Offer is an agreement between two or more parties is constituted by a proposal and an acceptance of it. An offer is made ‘when one person signifies to another his willingness to do or to abstain from doing anything‚ with a view to obtaining the assent of that other to such act or abstinence’. For instance‚ thus A‚ by offering to buy B’s car for $10‚000
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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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sitting Willes J‚ Byles J and Keating J Felthouse v Bindley (1862) EWHC CP J 35‚ is the leading English contract law case on the rule that one cannot impose an obligation on another to reject one ’s offer. This is sometimes misleadingly expressed as a rule that "silence cannot amount to acceptance". Later the case has been rethought‚ because it appeared that on the facts‚ acceptance was communicated by conduct (see‚ Brogden v Metropolitan Railway). Furthermore in Rust v Abbey Life Assurance Co Ltd[1]
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THE RELATIONSHIP BETWEEN SELFISHNESS AND LACK OF SELF ACCEPTANCE AS SHOWN IN CARVER’S “ THE NEIGHBOURS” The fact that brings closer both terms selfishness and lack of self acceptance in terms of relationship will be the big concern of explaining how these concepts are related. Mostly‚ the source of task will be based on the original text “The neighbors” and other sources will also be taken as reference to support and explain the ideas extracted from the original text. In explaining this in details
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