Unit- 5 Indian Sale of Goods Act‚ 1930 1. Contract of Sale – Meaning A contract of sale of goods is a contract whereby the seller transfers or agrees to transfer the property in goods to the buyer for a price. There may be a contract of sale between one part-owner and another [Sec 4(1)]. A contract of sale may be absolute or conditional [Sec 4(2)]. The term ‘contract of sale’ includes both a ‘sale’ and an ‘agreement to sell’. 2. Essentials of a Contract of Sale (Refer text for details)
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Business Law Final Denise Capalbo Chetum v. Knarles Issue: Defamation Rule: Under the common law‚ defamation requires a false statement of fact‚ of or concerning plaintiff‚ published to a third party and causing damages. Also‚ where defamation is about a public person or matter of public concern‚ the plaintiff must prove that the statement is false‚ and that the defendant either knew of its truth or acted with reckless disregard of the truth (malice). Analysis: Knarles’ statements
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SCHOOL OF ACCOUNTING AND LAW LAW2452 COMPANY LAW COURSE MANUAL Copies of copyright material in this compilation have been made in accordance with the provisions of section VB of the Copyright Act for the teaching purposes of the University. CONTENTS Course Syllabus 2 - 4 Topics (Topic 1 - 15) 5 - 17 Tutorial Questions (Questions 1 - 46)
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Sackett as the specifics of this case warrant an exception from the Statue of Frauds under the equitable doctrine of part performance. Applicable Laws The equitable doctrine of part performance allows the court to enforce an oral real estate contract
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powers to take majority business decisions on behalf of companies. Under the present rules‚ directors’ duties are enshrined in the common law rules and equitable principles as well as in statutes such as the Companies Act 1985 as amended by Companies Act 1989. It is considered that these principles lack certainty and are not easily accessible. Quite often‚ directors usually have to take advice in these kinds of areas so that they do not accidentally breach any duty enshrined in the case law. Therefore
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hold that opinion. The statement may be written .oral or by the conduct. While‚ as a general rule‚ there is not a positive obligation on a person to disclose facts‚ exceptions to this rule included contracts of utmost good faith‚ statement which are only partially true or distort the truth‚ and the statement which are true at the time of making but change before the contract is entered into. There must be a false statement of fact or law as oppose to opinion or estimate of future events in the case
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Question 1 Explain in which way an agency may be terminated by operation of law. (3marks) Answer: An agency is created by express appointment when the principal appoints the agent by express agreement with agent. This express agreement may be an oral or written agreement between the principal and the agent. There are four factors can cause the termination by operation of law. i. Agency is terminated by frustration In Marshall v Glanvill‚ Glanvill who is a firm of drapers appoints
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FACULTY OF LAW UNIVERSITI TEKNOLOGI MARA LESSON PLAN : SEPTEMBER 2012- JANUARY 2013 COURSE : BUSINESS LAW – LAW 416 LECTURER : PUAN FAZLIN MOHAMED ZAIN (Email: fazlin.mz@gmail.com‚ Room No.315‚ C2) |Week No. |Topics |Date (tentative) | |WEEK1 |Introduction | | |
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and its privileges to save time. Advise John as to what Mary will need to prove to establish a claim in negligence against him; and what potential defences he has available to him. Question 2: Nicole recently entered into a contract to sell her house in Canberra to Lakeview Developments Pty Ltd for $750‚000. She was told by the receptionist in Lakeview’s office that Lakeview Developments is a development company which plans to demolish the house and build some apartments. The contract
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conditional constitute consideration? Yes‚ such a promise consideration even if the condition is unlikely to occur. 3. What is the general rule about the adequacy of consideration? The adequacy of the consideration is irrelevant because the law does not prohibit bargains. 5. Is there consideration when a secured note for a lesser amount is given and accepted in discharge of an unsecured note for a greater amount? Explain. No‚ because if a secured not for a lesser amount is given and
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