Tallerman & Co Pty Ltd v Nathan’s Merchandise (Vic) Pty Ltd (1957) 98 CLR 93 PART I Summary of Facts The dispute occurred in Victoria between a registered company‚ Tallerman & Co Pty Ltd ("the plaintiff") and an incorporated company‚ Nathan’s Merchandise Pty Ltd. ("the defendant)‚ where both parties operated their business. Two previous binding contracts (orders No. 58 and No. M57) were made in communications on 14th May 1951 and 2nd August 1951 respectively‚ each for the sale by the plaintiff
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Since this is a civil action‚ all these matters will have to be proved according to ‘the preponderance of probability’ ( Miller v Minister of Pensions (1947)). Even where Annie is alleging matters that would amount to the criminal offence of arson‚ she does not have to prove them beyond reasonable doubt. In Hornal v Neuberger Products Ltd (1957)‚ the plaintiff was sold a lathe by the defendants. One of their directors was alleged to have stated falsely that the machine had been
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whether the contract is unconscionable‚ which includes the following: bargaining power of both parties‚ whether the consumer understood the terms in the contract‚ and whether undue influence or pressure was applied. In Commercial Bank of Australia v Amadio
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SFC Harris hadn’t returned to West Virginia as of yet he was still waiting for the plan on how they were going to deal with Colonel Magnus and his bunch. The plan was sidelined when one Colonel Lambert arrived on a huge behemoth of an armored train from Washington. Then the subsequent contact with the President via shortwave radio that Colonel Lambert had brought with him. The status quo had changed dramatically with civilian leadership being added back into the equation. The President had been
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Table of Cases Anisminic Ltd V Foreign Compensation Commission (1969) 2 AC 147‚ (1969) 2 WLR 163....................................................................................................1 Craig v The State of South Australia (1995) 184 CLR 163 at 179.....................11 Ridge v Baldwin (1961) 2 All E.R. 523: (1961) 2 WLR 1054………………….6 R. V. Northumberland Compensation Appeal Tribunal‚ ex P. Shaw (1951) 1 K.B. 711: (1952) 1 K.B. 338…………………………………………………...13 Saluwa v Kabir (2011) 1 NWLR (pt
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his citizen should function within a political or social context‚ this paper seeks to find from different works and opinions of different authors made within his works to provide an interpretation of the role of Alfarabi’s citizen. Abu Nasr Muhammad Al-Farabi‚ referred to as simply Alfarabi‚ lived from about 870 A.D. to 950 A.D. He spent most of his life in Baghdad. Not much is known about Alfarabi’s private life. He was born of Turkish descent in the Farabi district of Turkestan. Alfarabi was generally
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In this recent Ninth Circuit case the issues centered on compatibility between video games. Accolade copied a Sega video game to obtain compatibility with the Sega Genesis game system. Accolade decompiled the machine readable object code from a Sega game in order to achieve compatibility with the Sega system for games that it wished to independently create and market. Accolade then created a manual containing only the functional specifications of this decompiled code and not any of Sega’s actual
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Calvin Harris was born on January 17‚ 1984‚ in Dumfries‚ Scotland. Harris is a record producer‚ DJ‚ singer‚ and songwriter. He attended Dumfries high school and soon after began stacking shelves at a local supermarket. Calvin now lives in Los Angeles‚ California where he continues his music career. He sings‚ plays the guitar‚ bass‚ synthesizer‚ keyboard‚ and the piano. He has signed with many difernet labels including‚ Fly Eye‚ Columbia‚ and Rock Nation. His debut album I Created Disco‚ was released
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Harris Teeter Overview Harris Teeter is a chain of supermarkets founded in Charlotte‚ North Carolina with locations in the southern and eastern United States. As of June 2015‚ the brand had 235 stores in Delaware‚ North Carolina‚ Virginia‚ Florida‚ South Carolina‚ Georgia‚ Maryland‚ and Washington D.C. In 2013‚ The Kroger Company acquired Harris Teeter‚ but has maintained the company’s branding and the Matthews‚ N.C. headquarters. One of the store’s founders‚ William Thomas Harris‚ started as an
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AL-TADQIQ AL-SHARI’E 1. First line of defence describes the controls an organisation has in place to deal with the day-to-day business activities and operations. Controls are designed into systems and processes and assuming that the design is sound to appropriately mitigate risk‚ compliance with process should ensure an adequate control environment. There should be adequate managerial and supervisory controls in place to ensure compliance and to highlight control breakdown‚ inadequacy of process
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