which the law will enforce‚ a contract is a part of common law‚ common law is also called custom law‚ it is made by the judge to protect the community against the crimes‚ when an issue goes to court and there is no statue law that covers it‚ a judge will hear the case and issue a verdict. the record of this verdict becomes a precedent so that when similar cases arise‚ other judges may take into account the penalty previously issues. previous judgements therefore form the basis for common law. it is
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Part a) Legal position enabling expulsion of Annabel from the partnership. Step 1:- The problem at hand deals with Partnership law as governed by the Partnership Act 1895 in the absence of a written agreement. Principles of Common law and Equitable principles also apply. Partnership Act governs the partnership of ‘Health Plus’. Sec. 30 of the Act‚ as it relates to misappropriation of partnership property. The application of Sec. 39 Partnership Act 1895 and the Fiduciary Duty breached. Supreme
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that sufficient consideration was applied? b) The relevant rules are every simple contract must be supported by consideration‚ a promise to fulfil the terms of a contract is not always good consideration‚ and the rule that an agreement that is commercial in character can amount to a binding contract c) Todd v Nicol [1957] SASR 72 (Supreme Court of Australia) d) Yes‚ Tim might be successful in court if it can be proven that Jack provided sufficient consideration in the form of a promise to lend
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Tenzin Lama Professor Kurland Business Law 30 April 2014 Eaton v. Waldrop Court of Civil Appeals of Alabama‚ __ So. 3d __ (2010). 45 So.3d 371 (2010) Court of Civil Appeals of Alabama. James M. EATON‚ Jr. v. Bobby Joe WALDROP. 2081095. -- March 05‚ 2010 Type of Action: Right to a trial by jury to set aside a deed Facts: On December 16‚ 2005‚ James M. Eaton‚ Jr.‚ and Marguerite Eaton filed a complaint against Waldrop alleging that Waldrop had fraudulently induced James to deed certain property situated
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contractual liability. There are three differences between liability and contractual liability: A. The difference of base. Contractual liability means that due to the breach of duty‚ contractual collateral obligation of contract or violates the "contract law" provisions of the obligations. Finding out a contractual liability has to be in terms of contract. However‚ there are no needs for liability‚ which point liability are monetary damages that are sought from the offending party. They are intended to
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Business Law Common Law Assignment Hayley Gramson Student No. 17004217 Word Count 1003 a) In a letter dated 14/02/2011‚ the manager (Dave) of Excellent Foods (EF) outlined conditions in writing to the manager (Ben) of Safe Foods (SF) in relation to the purchase of EF. These conditions were that SF must pay the valued amount of EF‚ which totaled $120‚000‚ $30‚000 more than the original amount that SF had been prepared to pay and stipulated
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OUTCOME | REFERENCE | 1. Advise on the types of commercial contract that businesses enter into on a day to day basis; 2. Advise on the terms needed in a sale of goods contract in order to protect the seller’s position in respect of price‚ payment and delivery; 3. Apply simple terms in a sale of goods contract dealing with price‚ payment and delivery; 4. Advise on the principal remedies available to the unpaid seller of goods; 5. Identify the terms which need to be included in a retention
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Title and Citation Mark Koding v. Public Prosecutor [1982] 2 MLJ 120 Facts On 11 October 1978‚ the Accused‚ Mark Koding‚ a lawyer and member of the Dewan Rakyat made a speech in Parliament which was thought to be seditious. He was subsequently charged with committing an offence under Section 4(1)(b) of the Sedition Act. Issues 1. Whether‚ as a Member of Parliament (MP)‚ the Accused’s right of free speech in Parliament‚ given by sections 3 and 8 of the Houses of Parliament (Privileges and Powers)
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References: USLEGAL.COM‚ Quit Claim Deed Law & Legal Definition‚ http://definitions.uslegal.com/q/quit-claim-deed/
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Waller Business Law Writing Assignment 3 Spring 2014 3-19-14 Chapter 13: Nebraska Beef‚ Ltd. V. Wells Fargo Business Credit‚ Inc. Case Concept Review: 1. How did the court determine that the offer was sufficiently definite? The offer of the Wells Fargo Business Credit‚ Inc. was submitted to Nebraska Beef in the form of a letter. When Nebraska Beef engaged in accepting a line of credit from Wells Fargo
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