Daniel Pitaluga. “[On one view of proprietary estoppel] ‘unconscionaibility has no independent existence for it is defined purely in terms of three factual requirements. The corollary is‚ of course‚ that unconscionability exists by definition whenever there is an assurance‚ reliance and detriment‚ because non-performance of the assurance after the detriment will always be unconscionable. Such a view is at odds with those who view unconscionability as at the heart of the doctrine – in the sense
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walk in customers at any one time. Having entered into a written contract to purchase the premises Paul mentioned of the changes that took place. Advise Jenny Issues • Whether or not Pauls actions contributed to misrepresentation‚ if yes what remedies are available to Jenny • Are there any arguments available to Paul as it relates to counter claiming the action of misrepresentation brought against him Rules • A misrepresentation is a false statement of fact‚ inducing another to enter
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sources of law: • Legislation – Federal or Provincial Legislations/ statutes / regulations. • Common (case law) – judge made. Civil Law: about a party bringing an action for a personal remedy of some kind. Definitions: Tort – a legal wrong which entitles you to some sort of remedy. • Intentional Tort – ex. Assault and battery. o Defamation – An intentional tort. The reputation of the victim is damaged publicly by untrue statements made by the tort-feezer
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LECTURE 5 – DIRECTOR’S DUTIES Overview of duties All directors and officers of a corporation are bound by a number of general law and statutory duties. All directors owe the company equitable duties of loyalty and good faith Act in good faith in the interests of the company Act for a proper purpose Avoid conflicts of interest Retain discretion. s185 – provides that the duties imposed by the Corporations Act are additional to the duties imposed at the common law and in equity‚ rather than
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QUESTION 1 Issue: the issue about company’s constitution and whether the loan contract between ABC bank and Sambal Pty Ltd is invalid. State the law: Section 140 of the corporations act states that: “A company’s constitution (if any) and any replaceable rules that apple to the company have effect as a contract: (a) Between the company and each member; and (b) Between the company and each director and company secretary; and (c) Between a member and each other member; Apply the law: According
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Case Name‚ Citation‚ and Court: TRACO‚ INC.‚ A THREE RIVERS ALUMINUM COMPANY‚ Appellant v. ARROW GLASS CO.‚ INC.‚ Appellee Appeal No. 04-90-00382-CV COURT OF APPEALS OF TEXAS‚ Fourth District‚ San Antonio Key Facts Traco Inc is an aluminum company that supplies pre-engineered aluminum and glass sliding doors and windows. Arrow Glass Company is a subcontractor who initially brought suit against Traco on the theories of promissory estoppel and negligence for Traco’s failure to supply aluminum
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Final Paper- Knarles and Barkley vs. Chetum Evan Bauman LAW-201 Thomas Edison State College Abstract Knarles and Barkley own a father and son Facilities Maintenance Company based in Maryland. Their company has contracts with businesses in the District of Columbia‚ Virginia and Maryland. Barkley is the son of Knarles and is his agent when Knarles is not available. Barkley is also a minor at his current age of 17 years. They employ
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MODULE TITLE: COMPARATIVE CORPORATE GOVERNANCE ESSAY TITLE: ‘There are no qualifications for being a company director. Even directors of listed companies do not have to take any examinations. In principle‚ anyone can become a director. One might therefore think that the duties of an office so unexacting in its qualifications would be simple and easy to ascertain. In fact‚ this is far from the case. In fact‚ the duties of directors can be discovered only by examining at least three different sources
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Part A Settlement for the transfer of Bernie’s land to Clara is scheduled for September; thus‚ as of August‚ Clara is not the registered proprietor and only has an equitable interest in the land by virtue of the concluded contract for sale. Albert should be advised that if the ‘easement agreement’ between him and Bernie is registered before Clara becomes the registered proprietor‚ then her title to the land will be subject to the ‘easement’ and she will not be authorised to build the proposed fence
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aimed at addressing the imbalances of the past. It is sanctioned and required by the constitutional requirement to achieve substantive or real equality. There is a moral imperative on all South Africans to work towards the achievement of a more equitable society. Racial discrimination‚ in contrast‚ has no rational and objective premise and simply appeals to the basest of human instincts. It is in the best interests of society to promote the general well-being of as many of its citizens as possible
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