Question 1 Explain in which way an agency may be terminated by operation of law. (3marks) Answer: An agency is created by express appointment when the principal appoints the agent by express agreement with agent. This express agreement may be an oral or written agreement between the principal and the agent. There are four factors can cause the termination by operation of law. i. Agency is terminated by frustration In Marshall v Glanvill‚ Glanvill who is a firm of drapers appoints
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first step in recognizing the underlying ethical dilemma is to determine the individuals involved in this particular case. The first person we become familiar with in this case is the president of Beech Nut‚ Lars Hoyvald. Most of us that work in a business environment today‚ will most likely use the principle of utilitarianism when making an “ethical” decision. We tend to look at our actions‚ or consequences of our actions‚ in order to determine the best decision. I believe that Lars Hoyvald used
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conditional constitute consideration? Yes‚ such a promise consideration even if the condition is unlikely to occur. 3. What is the general rule about the adequacy of consideration? The adequacy of the consideration is irrelevant because the law does not prohibit bargains. 5. Is there consideration when a secured note for a lesser amount is given and accepted in discharge of an unsecured note for a greater amount? Explain. No‚ because if a secured not for a lesser amount is given and
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1. Business law topics such as contracts‚ agency‚ and property are primarily governed by the common law. 1. True 2. False 2. In most states judges are appointed. 1. True 2. False 3. The rational relationship test is more exacting than the intermediate test. 1. True 2. False 4-6. Legislative law includes 4. City ordinances 1. True 2. False 5. The Uniform Commercial Code 1. True 2. False 6. The Restatement of Torts 1. True 2. False
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Sackett as the specifics of this case warrant an exception from the Statue of Frauds under the equitable doctrine of part performance. Applicable Laws The equitable doctrine of part performance allows the court to enforce an oral real estate contract
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acceptance * ‘Capacity or the ability to understand the consequences of a contract by persons of such age prescribed by law & those with sound mind. * ‘Mutual consent’ or agreement on the terms of a contract ‘consideration’‚ or reward for goods or services rendered. The element that distinguishes a contract from casual agreements is that it is legally binding: The law provides a remedy in the event that the promise is broken. Legally‚ certain types of contracts should be in writing‚
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Common law and equity: the reasons behind the creation of equity. What is it and how is it different from common law? What is the present relationship between common law and equity? Methodology In order to provide a broader image of the principles applied by equity and the common law‚ secondary research was carried out. The process involved both gathering information from the internet websites and Business Law textbooks. Findings The development of English
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Pseudo-contract. c. Unjust-contract. d. Unilateral-contract. A [easy p. 197] 57. Which of the following are two terms for concept or situation? a. Implied-in-law contract and implied-in-fact contract. b. Implied-in-law contract and quasi-contract. c. Implied-in-fact contract and quasi-contract. d. Unilateral contract and informal contract. e. Formal contract and implied-in-law contract. B [moderate p. 197] 58. Which of the following is needed to impose a quasi-contract? a. A benefit having
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THE LAW OF BUSINESS ORGANIZATIONS CHAPTER 4 – Piercing the Corporate Veil Minne B Berkey v Third Avenue Railway Company Overview: This is a New York Court of Appeals decision in 1926 adjudicated by the legendary Justice Cardozo. In this seminal case on ‘piercing the corporate veil’‚ the Court of Appeals finds in favor of the Defendant‚ Third Avenue Railway Company. The Court holds that Third Avenue‚ the parent company of Forty-second Street Company‚ which operated a rail line upon which the
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BUSINESS LAW –II UNIT-I Factories Act‚ 1948 Definition – inspecting staff – Health – Safety – Welfare – Working Hours of Adults – Holidays – Employment of young persons and women – Annual leave with wages object of industrial Disputes Act – Definition of Industrial Dispute – Grievance settlement Authorities – Conciliation machinery – Procedure. Power and duties of Authorities – Reference of Disputes of Boards‚ Courts or Tribunal‚ National Tribunal – Strikes‚ Lock-out‚ Lay-off‚ Retrenchment – Unfair
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