contract. For example‚ under certain circumstances‚ false statements or promises made by a seller of goods regarding the quality or nature of the product that the seller has may constitute misrepresentation. A finding of misrepresentation allows for a remedy of rescission and sometimes damages depending on the type of misrepresentation.[citation needed] According to Gordon v Selico (1986) 18 HLR 219 it is possible to make a misrepresentation either by words or by conduct‚ although not everything said
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The terms Lien of shares‚ Surrender of shares & Forfeiture of shares are explained in detail as follows : Lien of shares : A lien is the right to retain possession of a thing until a claim is satisfied. In the case of a company lien on a share means that the member would not be permitted to transfer his shares unless he pays his debt to the company. The articles generally provide that the company shall have a first lien on the shares of each member for his debts and liabilities to the company
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allow the modification of both teaching and learning activities in order to enhance the learning process as required. The use of formative assessment can: * provide feedback to teachers to modify future learning activities * identify and remedy individual or group deficiencies * improve the students awareness of the “learning process” * fine tune methods of instruction to suit the specific needs of the individual Summative assessment evaluates a learner’s development at a specific
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1 Fairness of Dismissal – General Points 1.1 The ERA 1996 s98 (4) states: The determination of the question of whether the dismissal is fair or not (having regard to the reason shown by the employer) shall depend on whether: • In the circumstances of the case • Including the size and administrative resources of the employer’s undertaking • The employer acted reasonably or unreasonably • In treating it as a sufficient reason for dismissing the employee AND • Shall be determined
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generalization. In comparison to Mr.Fridman’s article‚ Daniel DaChance’s passage‚ also published in the New York Times as an opinion-editorial piece‚ contained factual evidence to support his claims. DaChance’s central argument was that the efforts to remedy the problem of overextended death penalty trials by reforming the appellate process have been unsuccessful. DaChance then goes on to support his claim by stating‚ “In 1996‚ when the average stay on death row was approaching 11 years‚ Congress enacted
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PART A (a) Promoters & Pre-registration contract A promoter is a person who is involved‚ actively or passively‚ in forming a company‚ raising its capital and establishing its business at any period prior to the company obtaining a certificate of complete registration: Twycross v Grant.[1] Part 2B.3 of Corporations Act 2001 (Cth) purports to overcome the common law difficulties of earlier cases based on the law of agency[2] and provides an exclusive set of rules to determine primary and secondary
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Unconscionability Accord and satisfaction Rights of third parties Privity of contract Assignment Delegation Novation Third-party beneficiary Breach of contract Anticipatory repudiation Cover Exclusion clause Efficient breach Deviation Fundamental breach Remedies Specific performance Liquidated damages Penal damages Rescission Quasi-contractual obligations Promissory estoppel Quantum meruit Related areas of law Conflict of laws Commercial law Other common law areas Tort law Property law Wills‚ trusts
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principal The agency relationship differs from trusts and bailment. TRUST This is an equitable relationship whereby a party known as trustee expressly‚ impliedly or constructively holds property on behalf of another as beneficiary. It is similar to agency in that: 1. Some of the duties of the trustee are similar to those of the agent e.g Must act in good faith and avoid conflict of interest. 2. Some of the remedies available to the beneficiary against the trustee are available to the principal against
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Introduction: Focus only on the promise you are attempting to enforce. A. Definition: Contract law is an enforcement of a single promise‚ not an agreement at whole. a. Contract law is state law. It is common law by default‚ unless a statute has been passed covering the issue. Right to contract is guaranteed primarily by common law and some statutes‚ NOT by the constitution. Our law does not recognize any natural right to freedom of contract or economic activity. B. Sources of
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1. What makes a publicly held corporation different from a public corporation? a. 0 A publicly held corporation has had an IPO‚ and has many private shareholders rather than being a corporation owned by a governmental entity. b. 0 A publicly held corporation is entitled to limited liability‚ but the public corporation is not. c. 0 A publicly held corporation must have a charitable purpose‚ but a public corporation need not have a charitable purpose d. 0 They are two terms that have the same meaning
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