CHAPTER 2: EFFECTS DOCTRINE UNDER EU‚ US AND INDIAN LAWS. Under the Effects Doctrine‚ a State may assume jurisdiction when an act is committed in another State‚ by citizens or companies of other states‚ has effects in the former. This was accepted by the Permanent Court of International Justice in the S.S.Lotus case. Back in 1909‚ in the case of American Banana Co. v. United Fruit Co.‚ all the acts complained of were committed outside the territory of the United States‚ including the defendant’s
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Employment-At-Will Doctrine In the United States‚ employees without a written employment contract generally can be fired for good cause‚ bad cause‚ or no cause at all; judicial exceptions to the rule seek to prevent wrongful termination. There are three exceptions to the doctrine that are recognized across the 50 states. These exceptions address employment terminations that are in line with the doctrine requirements but are probably not justified [Muhl‚ 2001]. Public-policy exception Under the public-policy
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Contract assignment Doctrine of frustration Doctrine of frustration ACCORDING to Section 56‚ an agreement to do an act impossible in itself is void (for example‚ an agreement to discover treasure by magic). Supervening impossibility or illegality refers to the intrusion or occurrence of an unexpected event or change of circumstances beyond the contemplation of the parties; such event or change of circumstances must be so fundamental as to be regarded by law as striking at the root of contract
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Doctrine of Repugnancy From time immemorial‚ legislative bodies have been enacting laws all over the world. With the enactment of laws by different legislative bodies all over the world‚ conflict of laws is an unavoidable issue. However‚ in this article I will mainly be focusing on the conflict of laws with regard to India. In India‚ there are three wings of the Government‚ namely‚ The Legislature‚ The Judiciary and the Executive. The legislature has the law making powers for the entire country
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Halbert | Elaine Inguli Strayer University Employment –At – Will Doctrine Alicia Marie Bing Law‚ Ethics & Corporate Governance – LEG 500 Dr. Demetrius Abraham 26 January 2014 TABLE OF CONTENTS Title Page i Certification of Authorship ii I. Abstract 5 II. Summarization: Employment-At-Will Doctrine 6 II a. Allowable Exceptions to Legally Fire 6 II b. Decision and Reasoning to Limit Liability
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Classification of Contracts (7 – 1.30) Simple and formal contracts A formal contract is a written contract (such as a deed). A simple contract can be entirely orally or a combination of oral and written. Bilateral Contract: exchange of promise – one promise for another (a promisee’s promise in return for the promisor’s promise or vice versa) o Union Dominions Trust (Commercial) Ltd v Eagle Aircraft Services Ltd [1968] 1 All ER 104 at 108‚ Lord Diplock Unilateral Contract: A one way
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Contract Law Notes Contracts ‘A’ Offer Bilateral contracts Unilateral contracts Offers to the public at large What is an offer? Mere puff Supply of information Invitation to treat Categorizing transactions Advertisements a) Advertisements in a catalogue or a curricular b) Advertisements in newspapers or magazines c) Advertisements appearing on the internet d) Display of goods Auctions a) Advertisement of auction b) Auctions with reserves c) Auctions without a reserve Tendering
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Doctrine of Competence-competence The proper allocation of responsibilities between courts and arbitral tribunals for resolving disputes concerning arbitral jurisdiction – disputes about whether the plaintiff’s claim ought to be decided by an arbitral tribunal or a court – has been one of the most complex and controversial question of modern arbitration law. Although there is broad agreement on one general proposition that arbitrators are empowered to rule on their own jurisdiction and then proceed
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CONTRACT LAW- EXAM NOTES What is a contract? An oral or written agreement between two or more parties which is enforceable by law. This agreement ‘will be legally binding if certain criteria are met – briefly‚ they require that there be an agreement (comprising an offer and acceptance)‚ consideration‚ intention to create legal relations‚ compliance with any formalities required by law and that the parties have the legal capacity to contract’1 What is the purpose of contract law
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• Summarize the employment-at-will doctrine and evaluate each of the eight (8) scenarios described by determining: The employment-at-will doctrine states that an employee can be fired or released from a company for cause or no cause at all. The employee also has the right to quit a job for any reason. Under this legislation‚ neither the employer or employee incurs “adverse legal consequences” (NCSL‚ 2014). There are three exceptions that are observed by the law to include a dismissal that “violates
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