"Exceptions to estoppel" Essays and Research Papers

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    Agency * Sec. 3 of the Civil Law Ordinance states as follows: “In all questions or issues which may hereafter arise or which may have to be decided in Ceylon in respect of the law of partnerships‚ corporations‚ banks ad banking‚ principals and agents‚ carriers by land‚ life and fire insurance. The law to be administered shall be the same as would be administered in England‚ In the like case as the corresponding period‚ if such question or issue had arisen or had to be decided in England

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    Law of Agency

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    THE NATURE OF AGENCY RELATIONSHIP The need to appoint another person to perform one act or another on one’s behalf assumes greater proportion daily. This is so because of the rapid economic developments that has taken place in the recent years. A party may want to do many things but because of lack of time or expertise‚ he is compelled to appoint another person to act on his behalf and whatever that other person does will be binding on him. The question is: ‘Who is an agent?’ An agent is one who

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    Heehee

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    points) Private Corporation 1) A corporation created under strict conformity with the mandatory requirements for incorporation and whose right to exist cannot be questioned by any party even in a direct proceeding for that purpose by the State. Estoppel 2) A bar which precludes a person from denying or asserting anything contrary to that which has been established as the truth by his own representation either express or implied The corporation code of the Philippines 3) The title

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    Business Law

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    1. What is a Contract? Classify the types of contracts with suitable examples. Ans. A contract is an agreement reached between two or more persons involving the exchange of some goods or services .There are some key requirements for the establishment of a contract: * An offer & an acceptance * ‘Capacity or the ability to understand the consequences of a contract by persons of such age prescribed by law & those with sound mind. * ‘Mutual consent’ or agreement on the terms of a

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    Law of Agency

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    Contract between principal & third party through the medium of the agent. CREATION OF AGENCY Agency can be created through:-  1. Express appointment 2. Implied appointment by principal 3. Ratification by principal 4. Necessity 5. Estoppel   1. Express appointment This happens when the principal expressly appoints a person to be his agent. This could be done in two ways: a) oral b) in writing 2. Implied appointment Implied appointment may be created under three situations:-

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    Contract Cases 1

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    Part 2 – Contractual Formation A. Offer and Acceptance Pharmaceutical Society of Great Britain v Boots Cash Chemists The display of goods in a shop is only an offer to treat Australian Woollen Mills v Cth The offer must be in exchange for the other party’s consideration (quid pro quo). If it isn’t it is more likely a gratuitous promise Seppelt & Sons v Commissioner The use of the word “offer” is not conclusive Carlill v Carbolic An offer can be made to the whole world. Unilateral offers may require

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    Common Law and Equity

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    Outline the development of common law and equity. A The Law in England didn’t come about all at once‚ but has developed over the centuries. There are 5 different sources of law: Customs‚ Judicial decision‚ Acts of Parliament‚ Delegated Legislation and‚ most recently‚ European Law. However‚ new law is still being created today. The law as we know it today all started in 1066‚ when William the Conqueror invaded England. He found a country with no single system of law‚ just sets of customary

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    BUSINESS LAW AGENCY

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    relationships that arise when one person‚ the agent‚ is used by another‚ the principal‚ to perform certain tasks on his behalf. CREATION OF THE AGENCY RELATIONSHIP Agency may be created in four ways namely‚ i. By contract ii. By Ratification iii. By Estoppel iv. By operation of the law Agency by Contract This may either be by express contract which requires no special formality and may be oral or in writing or it may be implied contract of agency. In the latter case‚ there is no express contract but

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    Writ and Res Judicata

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    “AN ANALYTICAL STUDY OF WRIT JURIDICTION AND DOCTRINE OF RES JUDICATA” I INTRODUCTION A “writ” is written court order which commands someone to do something or to refrain from doing something. This term originated in English common law where it was first used to describe a written command from the King. As such‚ a writ carried great weight and authority. Indian Constitution incorporated the term “writ” into its legal system as well. The origin of writs in India goes back to the

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    Agency Law Notes

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    Agency (1) AGENCY RELATIONSHIP? (2) AUTHORITY? Agency is an agreement‚ express or implied‚ by which the principal entrusts to the agent‚ the management of the business; to be transacted in his name‚ or on his account‚ and by which the agent assumes to do the business and to render an account of it. Agency involves: Principal‚ who passes authority to Agent to effect the legal relations between the principal Third party‚ acted with principal through the agent Section 135 CA (Definition of Agent)

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