Case Notes Question 1 Taylor v Provan (1864) 2 M 1226 Provan went to Taylor’s farm and offered to buy 31 cattle at £14 per head‚ but Taylor refused to accept less than £15. After trying unsuccessfully to purchase cattle elsewhere‚ Provan returned to Taylor’s farm the worse for drink and offered £15 per head‚ which was accepted by Taylor. Taylor later brought an action against Provan for the price of the cattle‚ and Provan claimed that he had been incapable‚ through intoxication‚ of entering
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World empires revision notes- roman empire and the qin and han dynastys -both rome and china produced effective solutions to the fundamental problem of how to govern and exploit diverse populations. Rome -roman recognized the importance of romes mediterreanan location‚ Proximity to the sea‚ good communications to Greece and north Africa with their ports and hinterlands‚ a temperate climate‚ agrarian potential. -creative political organization enabled rome to provide for a huge and spread
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neighbour- Who‚ then‚ in law‚ is my neighbour? The answer seems to be - persons who are so closely and directly affected by my act that I ought reasonably to have them in contemplation as being so affected when I am directing my mind to the acts or omissions that are called in question Donoghue v Stevenson Neighbour Principle: You must take reasonable care to avoid acts or omissions which you can reasonably foresee would be likely to injure your neighbour- Who‚ then‚ in law‚ is my neighbour? The
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Chapter III Commercial Law I. General Definitions a. Commercial Law→ It designates the whole body of laws & regulations applicable to relations between persons engaged in commerce‚ business or commercial professions. b. Commerce→ The word “Commerce” means the exchange of goods‚ products or property of any kind. It includes: sale‚ purchase‚ exchange of merchandises. c. Internal and International Commerce→ Internal: it is the commerce carried on between individuals or corporations within the same
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Question 1 Issues: Whether EF ( Ever Fresh Sdn bhd ) could claim against Fruity? Laws & Applications; The term fiduciary does not have a precise definition. Fiduciary is a term that may cover a wide range of situations where a person is expected to act‚ not in their own self interest but having regards to another’s interest. Fruity as the managing director of Freshness Always Sdn Bhd (FA) has no fiduciary in relation with FA by telling Cellar that FA would not be interested because it only sells
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A tort is a civil wrong that is outside of contract law and arises out of recognition that a person is responsible for their acts and omissions when dealing with others. The term ’tort’ refers to a number of different laws such as: • nuisance‚ • trespass and • assault Torts generally compensate the individual for personal loss or attacks on reputation‚ where the loss was caused by another person. Tort has as its basis common law. Negligence is now the dominant tort and the focus
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that payment to make after 30 days of the delivery. In a commercial contract‚ the time of delivery is normally of the essence. If‚ the date is stipulated and if the buyer fails to give the payment that is a breach of condition. Therefore‚ the seller is entitled to repudiate the contract and sue for payment. In Hartley v Haymans [ 1902] 3 K. B. 475 the court was held that the time of delivery is a prima facie of the essence in commercial law. In Charles Rickards Ltd v Oenheim [ 1950] 1 K. B. 616
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COMMERCIAL LAW MODULE 2 TUTORIAL QUESTIONS QUESTION 1 Pete buys a bottle of suntan lotion from his local chemist shop. The lotion which is manufactured by Barnetts Pty Ltd‚ had acid in it‚ which had been added to the mixture by one of the workers in the factory who had failed to read the label on the tin properly. When Pete applied the suntan lotion he suffers third degree burns and has to pay high medical and hospital expenses. Advise Pete whether he has a claim against the manufacturer
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consequentialist theories: Ethics of Duties 11. Which German Philospher is most influential in looking at our ethical duties? (Page 105) “ For Kant morality was a question of certain eternal abstract and unchangeable principles – a set of apriori moral laws that humans should apply to all ethical problems. 12. What was his ethical framework called? (page 105) 13. Describe his three rules/maxims in your own words (page 105) 1. 2. 3. 14. Kant’s maxims/rules should be used as tests for every
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LOUISE MERRETT TRINITY COLLEGE COMMERCIAL LAW LECTURES 2012 -2013 SALE OF GOODS (4) TRANSFER OF TITLE BY A NON-OWNER Context 1. The general rule as to priority in the case of personal property is clear and underpins all forms of transfer‚ whether by gift‚ sale‚ bailment or security‚ and it is that a person cannot give what is not his or hers to give. This basic rule is often expressed in the Latin maxim nemo dat quod non habet and if reflected in s 21 SGA. 2. In practice‚ a
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