TABL2741: Research Assignment Material Facts Kwik Air Limited (“K”) is an Australian airline that has been greatly impacted by the strains of the recession‚ ensuing management to request its 200 pilots to voluntarily accept a reduction in pay. This was refused by the pilots‚ to overcome this issue; management held a board meeting to discuss possible strategies from which it was elected that a new company would be incorporated in New Zealand as a wholly owned subsidiary under Xpress Air Limited (“X”)
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CONSUMER LAW SALE OF GOODS ACT Sale of Goods Act applies to all contracts for the sale of goods whether it be a commercial contract between two companies or two individuals for the supply of goods or the sale of everyday items. A contract of sale of goods is defined as a contract whereby the seller transfers or agrees to transfer the property in the goods to the buyer for a money consideration called the price. In every contract for the sale of goods there must be the ordinary elements of a
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land UNIT 9- LEVEL 6 - LAND LAW SUGGESTED ANSWERS - January 2010 Note to Candidates and Tutors: The purpose of the suggested answers is to provide students and tutors with guidance as to the key points students should have included in their answers to the January 2010 examinations. The suggested answers do not for all questions set out all the points which students may have included in their responses to the questions. Students will have received credit‚ where applicable‚ for other points not addressed
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A SUMMARY OF THE RULES OF EVIDENCE: THE ESSENTIAL TOOLS FOR SURVIVAL IN THE COURTROOM By Vincent DiCarlo TABLE OF CONTENTS I. Introduction II. The Four Types of Evidence III. General Rules of Admissibility IV. Real Evidence V. Demonstrative Evidence VI. Documentary Evidence VII. Testimonial Evidence VIII. Form of Examination IX. The Lay Opinion Rule X. Accrediting and Discrediting a Witness XI. Character Evidence XII. The Rule Against Hearsay XIII. Privileges
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CHAPTER 19 CORPORATIONS 1. – THE NATURE AND CLASSIFICATION OF CORPORATIONS A corporation is a legal entity created and recognized by state law. It can consist of one or two persons identified under a common name. CORPORATE PERSONNEL When an individual purchases a share of stock in a corporation‚ that person becomes a shareholder and owner of the corporation. Shareholder and corporations are liable. THE LIMITED LIABILITY OF SHAREHOLDER One of the key advantages of the corporate forms
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What is Contract? Contract is an agreement with specific terms between two or more persons or entities in which there is a promise to do something in return for a valuable benefit known as contract. Since the law of contracts is at the heart of most business dealings. There are two important elements in Agreeement of Contracts‚ i.e. 1) A proposal or an offer 2) An acceptance of that proposal or offer Essential Elements of a Valid Contract:- a) Agreement: - A negotiated and usually
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Michael Fraser Chapter 6 Business Law Trial Procedures (1) Decision of a jury is a verdict. (2) Written accusation issued by a grand jury is an indictment. (3) Procedure in which accused pleads to the charge is a pleading. (4) Formal written reply denying or admitting allegations of the complaint is an answer. (5) Jury of inquiry that conducts a preliminary hearing is a grand jury. (6) Court’s decision or determination in a case is a judgment
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in dealings with 3rd party. Principal is a person who authorizes the agent to act on behalf of him. There are five formation of agency‚ which is by express appointment‚ by implied appointment‚ by ratification‚ by necessity and by the doctrine of estoppel or ‘holding out’. Firstly is formation agency by necessity. Section 142 stated that “An agent has authority‚ in an emergency; to do all such acts for the purpose of protecting his principal from loss as would be done by a person of ordinary prudence
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doctrine 2 (xx) Power of a legislative nature 2 (xxi) Power of a judicial nature 2 (xxii) Retrospective validation 2 L. Unlawful application of policy 2 M. Acting under dictation 2 N. fettering discretionary power 2 O. Estoppel 2 12. Jurisdictional error 2 P. Summary position in Australia 2 (xxiii) For tribunals - (and ordinary administrators): 2 (xxiv) For inferior courts: 2 (xxv) For both courts and tribunals: 2 Q. What are jurisdictional errors
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I. Introduction to Property Law (1-12) Restatement View of Property 1. The legal relations between persons with respect to a thing. a. Thing may be an object with a physical existence or an intangible object. 2. Bundle of Sticks – each stick represents a right a. Posses‚ use‚ manage‚ consume‚ destroy‚ modify‚ alienate‚ etc Classical Perspectives 1. Occupation - one of the natural modes of acquisition a. Taking possession of property of no man with the intention of keeping it (sometimes
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