Merriwether was the only one who was authorized to sign the check. Since the check was never properly signed‚ there was no requirement that it had to be paid. 24-4 Yes‚ the rule states that a drawer is not liable on an unauthorized indorsement. The exceptions to this rule are: 1. Any unauthorized signature is wholly inoperative unless the person whose name is signed ratifies it. 2. A person may be precluded from denying the effectiveness of an unauthorized signature if the person’s negligence
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LAW NOTES!!! LECTURE 1: Introduction 2 main braches of Law • Criminal – state vs. accused • Common – judge made law 2 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.
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A company may form binding contracts with another company through individuals (agents) that are capable of acting for a company under General and Statutory Law. That is‚ the principles of the law of agency are applied to the agent to determine the binding nature of the contract. All references to sections are sections of the Corporations Act 2001 (Cth)‚ unless indicated otherwise. Agency & Principal Relationship The agent represents the principal (company) by acting for a company to enter a
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it breached an implied contract when it terminated her employment without following the company’s progressive discipline policy as stated in the company handbook. She also argues that the trial court’s summary judgment on her claim of promissory estoppels was incorrect. Champion claimed that Dillon was an at-will employee‚ and thus could be terminated at any time‚ and that nothing in the
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1) A contract made by a minor is voidable. The minor‚ Frank‚ in other words‚ may avoid the legal liability under a contract. Upon reaching the age of majority‚ a minor may affirm the contract and therefore make it contractually binding on him. Frank can only avoid a contract during his minority status and only for a reasonable time after he reaches the age of majority. In the case of Frank and Buford‚ the minor‚ Frank is in voidable position because he has not turned 17 yet. If voidability elected
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not have any access to the bank account to cash the check. I may be overt thinking it‚ but I wonder if he did it in purpose because he knew‚ that she would not be able to cash it. 2.Does the debts of record or promissory estoppel apply in this case. Explain. Promissory estoppel does not apply to this
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4) TRANSFER OF PROPERTY IN GOODS AS BETWEEN SELLER AND BUYER & RISK The property in the goods is defined to be transferred from the seller to the buyer when the latter acquires the proprietary rights over the goods and the obligations linked thereto. ’Property in Goods’ which means the ownership of goods‚ is different from possession of goods which means the physical custody or control of the goods. Otherwise ‚ a person may be in possession the goods passes to the buyer because of the consequences
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Grocery‚ Inc. Grocery‚ Inc. is a retail grocery store chain based in Any State; U.S.A. Grocery has stores throughout the United States. Grocery has written contracts with many different vendors to purchase the products they sell in their stores. Vendors range from individuals to international corporations. Tom works as the produce manager for the store in My Town‚ U.S.A. Jeff‚ 17 years old‚ is spending his summer vacation working for Tom in the produce department. A.) Does Article 2 of the Uniform
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Adverse Possession (AP) 1. Based on principle that if the paper owner fails to evict a squatter or trespasser from his land within a certain period‚ his title to the land will be lost. 2. Known also as ‘land theft’. 3. This right can only take effect when : - Paper owner has give up possession of the land (either because they have dispossessed or has discontinued their ownership) - Squatters take possession of the land in dispute. 4. Traditionally‚ no action shall be brought by any person
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RIGHTS OF AN ACCUSED: ‘DOUBLE JEOPARDY’ CONTINOUS ASSESSMENT-III FOR CONSTITUTIONAL GOVERNANCE SUBMTTED BY: Wayne Rooney SUBMITTED TO: PROF. K.L. BHATIA INTRODUCTION ________________________________________________________________ It is a well-settled principle of law that a man must not be put twice in peril for the same offence or must not be punished for the same offence. Our Indian Constitution guarantees the aforementioned right under Article 20(2) of the Constitution1 along
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