Hostile Witnesses – Structure of Answer 1. “The issue here is whether [counsel] can discredit their own witness‚ [witness’s name]‚ in the witness box?” a. When calling a witness‚ the caller expects their testimony to be favourable to the case. When this doesn’t happen‚ the caller will want to attack the witness to destroy the effect of the evidence. b. Whether you can do this depends on whether the witness is hostile or merely unfavourable. c. Usually crops up in examination-in-chief
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Law Notes 1. Law: set of statutes and rules that individuals within a society are governed by and are compelled to follow Statute: law passed by government you must follow unlike a rule which you can’t be punished for 2. Jurisprudence: wisdom/knowledge/skill in law -- the science that deals with investigations of concepts‚ notions‚ and principles of legal thought. It enables us to explore origins of law and legal institutions. It also helps clarify the principles on which they were founded. It allows
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Generally‚ the agency relationships arises in commercial transactions‚ partnership and employment. The term “agency” in commercial law is represented in the Latin phrase‚ qui facit per alium‚ facit per se‚ i.e. the one who acts through another‚ acts in his or her own interests. In terms of agreeing an Agency Contract between the parties‚ tThe Robert Barry & co. v Terence Robert Doyle and another 1998) case illustrates the use of oral communications in commercial contracts which has binding effect to the
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*44 Cehave N. v. v Bremer Handelsgesellschaft M.B.H. The Hansa Nord Court of Appeal 16 July 1975 [1975] 3 W.L.R. 447 [1976] Q.B. 44 Lord Denning M.R. ‚ Roskill and Ormrod L.JJ. 1975 June 10‚ 11‚ 12‚ 13‚ 16; July 16 Contract—Condition or warranty—Intermediate stipulation—Whether breach goes to root of contract—Carriage by sea—Stipulation for "shipment... in good condition" Sale of Goods—Description—Merchantable quality—Citrus pulp pellets for use in cattle food—Substantial part damaged—Rejection
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INDIAN CONTRACT ACT 1. S. 124 - Gajanan Moreshwar Parelkar v Moreshwar Madan Mantri (Indemnity) (Plaintiff‚ at the request of the defendant‚ executed two mortgages in favour of Mohandas. Defendant wrote a letter promising to indemnify the plaintiff against any suits by the mortgagee‚ along with executing a third mortgage in place of the previous two. Plaintiff prays that the defendant obtains a release of liability from Mohandas; Issues: 1) Can the indemnified ask for performance of the contract
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BUSINESS LAW FINAL EXAM This is a take-home exam. The exam is to be handed out on July 26‚ 2012 and returned on July 31‚ 2012 on the final exam time. The group leader will assign each group member a question and each group member will answer the question and return the answer to the group leader. The group leader will grade each member in terms of cooperation and totality of the answer. The group leader will submit a final draft on exam date (July 31‚ 2012). The final draft must be done in
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Deeper Understanding‚ Faster Calculation --Exam P Insights & Shortcuts 2nd Edition by Yufeng Guo For SOA Exam P/CAS Exam 1 in Fall‚ 2005 Exam Dates September 26-28‚ Canada and U.S. September 26 - all other countries This manual was last updated June 5‚ 2005 This electronic book is intended for individual buyer use for the sole purpose of preparing for Exam P. This book can NOT be resold to others or shared with others. No part of this publication may be reproduced for resale or multiple
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Contracts Exam Notes Monika Petrusevska + Kieran Paskin 2012 The 17th day of the 6th month in the 2013th year IS THERE AN AGREEMENT (Satisfy the three elements) Offer and acceptance between more than 2 parties - Clarke v Dunraven May be necessary to look at whole course of dealings - Empirnall Holdings v Machon Was there an offer? – Step 1: Define + State what type of contract Expression to another of willingness to be legally bound by terms – Australian Woollen Mills v Commonwealth
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Commercial Law Term Paper (Case Analysis) Pro-Gordon C. Johnson June 18‚ 2013 9th Edition Chapter 5-Case 5 Summary: Marie-Claude operated a bowling alley in a commercial area that was adjacent to a residential area. Many small children used the parking lot near the bowling alley as a playground‚ and Marie-Claude was constantly tell these children leave the parking area maybe they will get injured. However‚ one six years old boy climb onto the flat roof of
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Question 1 The UK Rail vs. Smithfileld case is a striking example of the term – Agency of Necessity. This is the case when‚ in certain circumstances‚ the agent is allowed by law to take actions on behalf of the principal without the will‚ knowledge or any other representation of the principal. However‚ certain requirements have to be met‚ in order for the agent to claim that it acted out of necessity: 1) the actions have been taken for the reason of compelling emergency; 2) impossibility
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