UcanB007 from liabilities. [pic] The foremost issue pertaining to this case is that of whether the terms of the License Agreement are part of the contract between Ah Siong and UcanB007‚ and hence the enforceability of the terms should Ah Siong decide to sue UcanB007 in contract for his losses. Due to the nature of this case being that of a shrink-wrap license agreement‚ there is contention regarding the point in time when the contract was formed‚ which clearly affects the incorporation of the terms and
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INTRO 1. Pakistan International Airlines (Urdu: پاکستان انٹرنیشنل ایئر لائنز; less formally known as PIA; or Pakistan International)‚ is the national flag carrier and a state-owned enterprise of the Government of Pakistan. Headquartered at Jinnah International Airport in Karach. it operates scheduled services to 24 domestic destinations and 38 international destinations in 27 countries across Asia‚ Europe and North America. Its main bases are at Karachi‚ Lahore and Islamabad/Rawalpindi. 2. The
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Part A Contracts are an integral part of business and everyday life‚ and are fundamental to construction as the industry relies on the formation of contracts for business agreements. “Contracts are based on the idea of a bargain‚ where each side must put something into the bargain. A contract may be defined as ’an agreement which is binding on the parties’” (Galbraith‚ 1998‚ pg78). There are a number of key components which must be present in the formation of such contracts. Firstly‚ there
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of Contents Introduction 1 Contracts in Restraint of Trade 1 Case 1: Wrigglesworth v. Wilson Anthony 4 Case 2: Svenson Hair Center Sdn Bhd v. Irene Chin Zee Ling 6 Case 3: Shanghai Hall Ltd v. Town House Hotel Ltd 8 Case 4: Polygram Records Sdn Bhd v. Hillary Ang & Ors & Anor 10 Case 5: Pertama Cabaret Nite Club Sdn. Bhd. v. Roman Tam 12 Case 6: Nagadevan Mahalingam v. Millennium Medicare Services 14 Case 7: Thomas Cowan & Co Ltd v. Orme 16 Case 8: Schmidt Scientific Sdn Bhd
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international contract is a contract that has a foreign element‚ that is to say that the contract is in contact with one or more order (s) legal (s) abroad (s). Specifically‚ the foreign element may be resident abroad‚ a party to the contract‚ nationality‚ place of contract conclusion‚ and many other possibilities. The commercial contract is a contract for a commercial transaction or a contract made by a trader for the purposes of his trade. Therefore an international commercial contract is the addition
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Employers liability Cases Walker v Northumberland County Council (1995) This case is notable as one of the first successful claims for work-related stress. Mr Walker was employed by Northumberland County Council as a senior social worker. At the time of the case‚ he had worked for the authority for 17 years‚ dealing mainly with cases of child abuse. In the 1980s‚ his workload gradually increased to such an extent that in 1986 he suffered a nervous breakdown. This was diagnosed by his GP who recommended
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specific person or a class or group of people. An offer can be made to "all the world"‚ in which case the offeree is regarded as a member of the general public: Carlill v Carbolic Smoke Ball When an offer is made‚ the term of the proposed contract must be communicated to the offeree: Thornton v Shoe Lane Parking However‚ an offer can be made in general terms‚ leaving the precise terms of the contract to be settled later: Master v Cameron The fact that the word ’offer’ is used is not itself conclusive:
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Carlill v. The Carbolic Smoke Ball Company. The case of Carlill v. The Carbolic Smoke Ball Company‚ centred around an advertisement which was placed in the Pall Mall Gazette on November 13‚ 1891. The advertisement was entered by The Carbolic Smoke Ball Company and was promoting a “medical preparation”1 which the company had developed‚ called the Carbolic Smoke Ball. The advertisement clamed that “During the last epidemic of influenza many thousand carbolic smoke balls were sold as preventatives
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Performance: Minor Breach 2) Substantial performance constitutes a minor breach of the contract. Answer: TRUE Diff: 2 Topic: Substantial Performance: Minor Breach 3) When there is substantial performance of a contract with a minor breach‚ the other nonbreaching party may sue to recover the cost to repair the defect. Answer: TRUE Diff: 1 Topic: Substantial Performance: Minor Breach 4) Specific performance is the most common remedy for a breach of contract. Answer: FALSE
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3.3 Contractual Duties: Breach The agreement also was premised one of the main issues regarding the relationship between banks and its potential customers. In such circumstances it is well-known that a number of statutory procurements has been established in order to ensure premium shopper with an exact termination purpose and in regards to the inequalities of the bartering power of the banks. Moreover‚ this statutory procurements are able to save any kind of injurious tern might influence the enthusiasm
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