Aspects of Contract and Negligence for Business Table of Contents Introduction 3 CONTRACT BEGINNINGS 3 MAJOR CONTRACT ELEMENTS 3 CONTRACT FORMATION 5 CONTRACT TERMS AND REMEDIES 6 CONTRACT EXEMPTION……………………………………………………………………………………………………………………………………………8 NEGLIGENCE PRINCIPLES………………………………………………………………………………………………………………………………………….9 NEGLIGENCE DEFENCES………………………………………………………………………………………………………………………………………….11 VICARIOUS LIABILITY 1 NEGLIGENCE REMEDIES 13 EMPLOYER LIABILITY‚ HEALTH
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Misrepresentation Step 1. Determine whether the meaning of the representation is false or not – objective test Step 2. Three possibilities of a misrepresentation: 1) It is a term of the contract; 2) It constitutes a collateral contract; 3) Does not acquire contractual status at all. Step 3. Results: 1) Rescission of the contract; 2) Damages in tort (if the tort of deceit or the tort of negligence can be made out) Smith v Lane & House Property Corp This case deals with the situation that a statement
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edu/eds/pdfviewer/pdfviewer?sid=49f44b71-cdab-436b-8567-68514587d92f%40sessionmgr104&vid=9&hid=20 Public health agencies increasingly use electronic means to acquire‚ use‚ maintain‚ and store personal health information. Electronic data formats can improve performance of core public health functions. Although such security breaches do occur‚ electronic data can be better secured than paper records. Public health professionals should collaborate with law and information technology colleagues to assess possible
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As our textbook explains fraud invalidates a contract. “The presence of fraud affects the authenticity of the innocent party’s consent to a contract. When an innocent party is fraudulently induced to enter into a contract‚ the contract usually can be avoided because she or he has not voluntarily consented to the terms. Normally‚ the innocent party can either cancel the contract and be restored to her or his original position or enforce the contract and seek damages for harms resulting from the fraud
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CONSTRUCTION CONTRACTS IAS 11 – DEFINATION IAS 11 defines a construction contract as: a contract specifically negotiated for the construction of an asset or a combination of assets that are closely interrelated or interdependent in terms of their design‚ technology‚ and function for their ultimate purpose or use. IAS 11 – TREATMENT Where possible‚ IAS 11 applies the accruals concept to the revenue earned on a construction contract. If the outcome of a project can be reasonably foreseen‚ then
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my 17-year-old son into signing a contract unbeknownst to me. Now that a better business opportunity has presented itself to my company‚ Marshall is using this contact to hinder me from expansion. Implied Contracts Upon discovery and examination of this contract‚ it is apparent all business with Marshall would need to be terminated. This dissolution would cause significant strife between Marshall and I‚ but with just reason. Marshall had an implied contract with my company stating he would heavily
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by signing a written contract? A minor or other incompetent party who makes a purchase is essentially entering into a contract with the seller and technically and legally speaking does have the right to return the purchased item based on their in-ability to legally enter into the contract. A contract can be defined as “an exchange relationship created by oral or written agreement between two or more [parties]” (Blum‚ 2007) and in order to be considered binding the contract must contain at least
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Business Law Assignment; Mistake in contract law‚ is a factual misunderstanding that may lead to a failure of a meeting of the minds. Unilateral mistake is mean that is only one party is mistaken‚ but the other party knows‚ or ought reasonably to be aware of the mistake. Contract may be void or voidable. Void is a contract that is no legal effect. While‚ voidable is an agreement that may be affirmed or rejected at the option of one of the party. The reason why Lord Denning took the view that these
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Planning of Discharge Needs in Geriatrics Elderly patients have unique discharge planning needs. As such‚ the hospital nurse and case management team may find themselves challenged to not only identify the needs of each patient‚ but to also address those needs when planning the patient’s discharge. In the case of Mr. Trosack‚ a 72-year-old widower being discharged following a total hip replacement (THR)‚ careful assessment of his home situation needs to be completed prior to discharge to ensure
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Contract Paper Danny Davidson sold a single family home to Paul and Priscilla Peterson. A long-term relationship between Danny and Paul is the basis for not including a written agreement. The simple contract was made orally and only included the legal object and the amount to be paid. Danny did not disclose a dispute with his neighbor over boundary lines or include information about a soil subsidence in the front yard he claims not to have known about. Contract Elements Four elements are necessary
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