COMMERCIAL LAW FEEDBACK EXERCISE The issue in this case is whether there is misrepresentation or breach of contract. The distinctions between the two legal issues of misrepresentation and breach of contract are dependent on whether the pre-contractual statement was made on the basis of a representation‚ or on a promise or obligation to be fulfilled. Breach of contract is a legal cause of action in which a binding agreement or bargained-for exchange is not honored by one or more of the parties
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According to the Australian Constitution‚ the power to make laws vested in the parliament ‚ whilst the power to interpret laws and to judge whether they apply in individual cases‚ vested in the High Court and other federal courts. In fact‚ one of the major function of the high court is to interpret the Constitution. For instance‚ the High Court of Australia may rule a law to be unconstitutional‚ that is beyond the power of parliament to make‚ and therefore of no effect. Such a circumstance would
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AMN442 Final Exam The final exam consist of 6 questions: PART A: 4 questions x 8’ ------200 words per question (20-30 lines) Allocate about 15 minutes for each of these. PART B: 2 questions x 14’------500 words per question Allocate about 30 minutes for each of these. Constructing an answer: showing you know the theory relating to the question‚ as outlined in the text and lecture notes‚ linking this to other relevant concepts in the overall discipline of marketing and even beyond showing
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NEGLIGENCE According to common law‚ “negligence is defined as a conduct that fall below the standard of care necessary to protect other from unreasonable risk of injury”. The legal issue is whether […….] can successfully sue […….] for negligence. In order to know whether the defendant commit negligence or not‚ 4 elements must be satisfied‚ including 1) Duty of care (DoC)‚ 2) Breach of the DoC‚ 3) Causation and 4) Remoteness. 1) DUTY OF CARE Case 1: PHYSICAL INJURY: The first element to be proven
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Sample exam questions – Financial Environment All questions must be answered in relation to your chosen organization and/or its industry sector as defined in your ‘organization/ industry profile’. These are ‘short-answer questions so think about how much you can write in 15-20 minutes. The marking scheme awards marks for relevance‚ application and originality so avoid irrelevance‚ generality and unoriginality. 1. Consider exchange rates for your country’s currency against that of its main
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March 15‚ 2010 Issues: 1.Whether petitioner is doing or transacting business in the Philippines in contemplation of the law and established jurisprudence; 2.Whether respondent is estopped from invoking the defense that petitioner has no legal capacity to sue in the Philippines; Facts: Petitioner Cargill‚ Inc. (petitioner) is a corporation organized and existing under the laws of the State of Delaware‚ United States of America. Petitioner and Northern Mindanao Corporation (NMC) executed a contract
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Unit 3 Chemistry: VCAA Practice Exam Questions 1 Question 3 (2010) A sample of the insecticide dichlorodiphenyltrichloroethane (DDT)‚ C14H9Cl5‚ was found to contain 0.120 g of carbon. What mass of chlorine was present in the sample? A. 0.127 g B. 0.355 g C. 0.994 g D. 1.01 g Question 10 (2009) The level of carbon dioxide in the air in a spacecraft can be controlled by passing the air through canisters containing lithium hydroxide‚ LiOH. In a laboratory trial‚ the air in a 5.00 L container
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duty of care is owed‚ ! b) that the duty of care has been breached and ! c) that the breach caused damage which is not too remote from the breach! Requirement 1:! Duty of care Wether the defendant owed the plaintiff a duty of care is a question of law. The onus is on the plaintiff to establish the existence of the duty of care. ! ! - ! ! Motorists owe a duty of care to other road user “Imbree v McNeilly" ! Doctors owe a duty of care to their patients “Roger v Whitaker” ! Solicitors
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belief. B) (i) Ethics involves rules that define right and wrong conduct especially in business. (ii) Law is a set of rules administered and enforced by the state. (iii) Morality involves rules that define acceptable behaviour for members for a society. C) (i) Civil Law is only concerned with the wrong doing between individuals/parties. Ex‚To recover a debt. Criminal Law is only concerned with individuals/parties committing a crime as this is a breach of
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Exam 2 Question 1 | 1.5 out of 1.5 points | | A critical aspect of the program implementation step of human resource planning is: | | | | | Selected Answer: | making sure that some individual is held accountable for achieving the stated goals. | | | | | Question 2 | 1.5 out of 1.5 points | | _____ forecast and monitor the proportion of various protected group members‚ such as women and minorities‚ that are in various job categories and career tracks. | | | |
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