In Malaysia‚ our contract law is basically governed and enforced by the Contract Act 1950. The remedy of specific performance presupposes the existence of a valid contract between the parties to the controversy. The terms of the contract must be definite and certain. This is significant because equity cannot be expected to enforce either an invalid contract or one that is so vague in its terms that equity cannot determine exactly what it must order each party to perform. It would be unjust for a
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Critique on “Damages” as a remedy for breach of contract under Indian‚ American‚ English and Chinese law. Project: Law of Contracts [pic] |Submitted to: |Submitted by: | |Prof (Dr.) Amar Singh | | |Principal Faculty‚ |Dheerak
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INTRODUCTION The law of contract is the collection of legal rules which govern contracts. These rules‚ in turn‚ are part of the law of obligations‚ a subdivision of the law of property which is traditionally regarded as part of private law. Private law governs the persons (legal subject) in their personal or private capacity before the law in relation to other legal subjects. In other word‚ private law can be defined as balance and protect legitimate individual interests. Traditionally private
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Contracts Part II Rachel Wellman Unit 5 Case Study Business Law November 6‚ 2010 Millie contracted to sell Frank 10‚000 bushels of corn to be grown on Millie’s farm. Due to a drought during the growing season‚ Millie’s yield was much less than anticipated‚ and she could deliver only 250 bushels to Frank. Frank accepted the lesser amount but sued Millie for breach of contract. Can Millie defend successfully on the basis of outcome impossibility of performance? Explain. Discuss the elements
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Review “Montana: Wrongful Discharge from Employment Act” in Chapter 2. Please respond to the following: Identify the parts of this law that appear to benefit employees. ❖ An employer can only discharge an employee for a good cause. ❖ Employees can’t be discharged for reporting a public policy violation. ❖ Employees can’t be discharged for reporting employer’s violation of employer’s own written personnel policy. ❖ If employer commits wrongful discharged‚ employee may be awarded
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TARGET DATA BREACH 2013/14 Introduction There are many types of breaches that can occur when it comes to secure systems and networks. The target breach of 2013/14 was due to human error. It is said that the company had easily stolen credentials. If there was the necessary secure measures taken‚ this breach could have been stopped. Target did not have an adequate firewall which is why the hackers were able to corrupt the system and steal personal information and credit card information. This whole
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SALES CONTRACT No.57/2014 Ho Chi Minh City‚ May 19th‚ 2014 The Seller: Dalat Agriculture and Forestry JSC‚ Vietnam Address: 39 Phu Dong Thien Vuong Street‚ Ward 8‚ Da Lat City‚ Lam Dong‚ Vietnam Telephone: +84-63-656565 Fax: +84-63-665442 Email: info@dalatgap.com Represented by: Mr. Tran Thanh Sang Position: Director The Buyer: Shoei Foods Corporation Address: Shoei Bldg‚ 5-7‚ Akihabara‚ Taito-ku‚Tokyo‚ Japan Telephone: +81-33-2342345 Fax: +81-33-2672634 Email: shoeifoods@Shoeifoods
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Introduction Research has indicated that effective discharge planning reduces patient readmission to hospital. By critically analysing the practice of discharge planning from the acute care sector‚ the factors which contribute to effective discharge planning can be identified. Furthermore‚ by employing these key factors‚ an evidence based discharge plan can be produced for a person suffering the effects of drug and/or alcohol abuse. For many patients‚ getting ready to leave the hospital is one
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Week 7 Breach of the Duty of Care Negligence Duty of care Established or novel duty? Is it a non-delegable duty? What is the scope of the duty? Breach of duty What is the relevant standard of care? Has the standard been breached? Damage Is it recognized by law? Was the breach a necessary condition of the harm? Is the harm within the scope of the defendant’s liability? Breach of Duty The fault part of the negligence action An act or omission of the defendant A failure to act as a reasonable person
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Background Failure to safely and appropriately discharge patients from the hospital is placing patients at risk‚ not to mention the increase costs to hospitals‚ providers‚ and insurers. Many acknowledge that the hospital discharge is non-standardized‚ unsystematic‚ and fragmented process (Anthony‚ Chetty‚ Kartha‚ McKenna‚ DePaoli‚ & Jack‚ 2005; Minott‚ 2008). Furthermore‚ the inefficiencies in the discharge planning process have also shown to have life-threatening implications‚ especially in association
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