Breach of contract Strike action clearly constitutes a breach of contract. Industrial action short of a strike is less straightforward. This will commonly take the form of a refusal to perform full normal duties. Where these are expressly required by the contract‚ employees will clearly be in breach. However‚ the contractual position is less straightforward where such duties are implied into the contract rather than expressly included. In Sim v Rotherham Metropolitan Borough Council [1986] IRLR
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Module: Common Law Assignment 2: Law of Torts Submission date: 25.4.2012 By Anna Permall Contents Verity Smith runs a small printing business in Whitstable‚ Kent. Verity’s business has been thriving and she is looking to expand her business into other parts of Kent. She would like some advice regarding the following incidents: 1. (i) Lesley‚ the Office Manager‚ suffered serious injuries to her Hands and face when her IPAD2 provided by Verity exploded at her desk. (ii)
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Frustration is fourth way a contract may be discharged. We define as a Frustration when an unforeseen event which not the fault of neither parties changes the conditions of the contract as such they are very different from the occurrence of the contract made. To clearly examine if situation is frustration‚ we determine by viewing the types of frustration contracts as the doctrine. The discharge with frustration can be made when the subject matter was destroyed accidentally‚ take Taylor V Caldwell
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FREE CONSENT FREE CONSENT According to Sec 10 of the Indian Contract Act one of the essentials of a valid contract is “Free Consent” Sec 13 defines “consent” as “Two or more persons are said to consent when they agree upon the same thing in the same sense”. According to Sec 14‚ consent is said to be free when it is not caused by: 1.Coercion 2.Undue influence 3.Fraud 4.Misrepresentation 5.Mistake COERCION According to Sec 15 coercion means “Committing or threaten to commit
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Contract law A contract is an agreement between two or more parties‚ with the intention of creating a legal obligation‚ which may have elements in writing. And it can be made orally.This agreement creates a legal relationship of rights and duties on the parties and if these obligations in the agreement are not fulfilled then serious action could be taken by the courts on the party. There are three key elements for the conception of a contract. These are offer‚ acceptance‚ consideration and an intention
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Assignment Total Words : 1051 Name : Zi Lin ( Emilie ) Student Number : 706479 Teacher’s Name : Jonathan Bowlby Group : 4 Case1 Issue Does XZA Bank Pty Ltd have legal right to sell Ji’s house based on the loan contract he signed? Rules The case of Commercial Bank of Australia v Amadio[1] and Blomley v Ryan[2] demonstrate the bank’s conduct were unconscionable. The court look at 3 main elements to determining whether to activate the doctrine of unconscionability
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LAW& AUDIT What is Law? Law means a ‘set of rules’ which governs our behaviours and relating in a civilized society. So there is no need of Law in a uncivilized society. Why Should One Know Law? One should know the law to which he is subject because ignorance of law is no excuse. Sources of Mercantile Law in India English Mercantile Indian Status Law Judicial Decisions Customs and Usages STUDY NOTE – 1 : INDIAN CONTRACT ACT‚ 1872 Section 1:Short Title The Indian contract Act
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Chapter 7 the terms of the contract 1. When contract is made orally‚ not all oral statement will amount to a term some are just ‘mere puffs’. These statements will never provide any form of remedy. 2. Mere puff只是单纯的吹嘘，是一种statement of opinion‚ 不构成任何的representation或term 3. 三种不同的terms：conditions‚ warranties‚ and innominate terms * CONDITIONS: important terms form the main structure of the contract. If breach‚ repudiate the contract and claim the damage * WARRANTIES: minor terms ancillary(辅助)
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[pic] UNIVERSITI TEKNOLOGI MARA DEPARTMENT OF LAW TEST 1 COURSE : BUSINESS LAW COURSE CODE : LAW 416 DATE : 17 OCTOBER 2012 (WEDNESDAY) TIME : 1 ½ HOURS INSTRUCTIONS TO CANDIDATES 1. This question paper consists of THREE QUESTIONS: Answer TWO (2) questions only (1 Question x 25 Marks = 25 Marks) 2. Do not bring any notes or reading material into the test hall. If you have ‘accidentally’ done so‚ please surrender the materials
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Business Law 304 Case Study case brief---Gregory‚ a comedy writer‚ entered into a contract with Wessel‚ a comedian. The contract provided that Gregory would provide Wessel with a 15 minute monologue for his upcoming appearance on the comedy hour and Wessel will pay $250 to Gregory. All performers could make $500 per appearance on the comedy hour. and when Wessel was scheduled to aper on the comedy hour‚ Gregory informed him that he was unable to provide the monologue‚ because last time Wessel
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