lesser time to the resolve and the fee charged by the mediator is also less. Arbitration usually takes longer and cost more because the arbitrator needs time to hear from both parties‚ analyze facts‚ examine evidence and determine a ruling that is legally binding. Usually parties who decide to use the mediation process will continue to conduct business with each other; typically parties who use arbitration
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includes the Common Law‚ Islamic law and Customary Law. Malaysia’s legal system comprises laws which have arisen from three significant periods in Malaysian history dating from the Malacca Sultanate‚ to the spread of Islam to Southeast Asia‚ and following the absorption into the indigenous culture of British colonial rule which introduced a constitutional government and the common law. Malaysia’s unique legal system is designed to balance the delicate racial and religious needs of its heterogeneous
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Assessment CHCLEG001 Work legally and ethically Part D 4) Give 3 pieces of legislation relevant to staff and clients in your community service and or health workplace? Three legislations that are relevant can include: 1- Work health and safety. Work health and safety is a framework to prevent health‚ safety and welfare of all workers. It also protects health and safety of other people affected by the workplace and the general public. Work health and safety involves incidents notification‚ consolation
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TUTORIAL 2 1. Ali and Abu were neighbours. Ali had to go to Singapore for a business seminar. Before he left‚ he told Abu “Please look after my house”. After two weeks of being away‚ Ali’s house caught fire and Abu could only save a briefcase containing RM30‚000. When Ali returned home‚ he thanked Abu for saving his briefcase and promised he would pay Abu RM2‚000 for what he had done. Later‚ Ali refused to pay what he had promised. Advise Abu. Referring to section 2(d) of Contracts Act1950
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the acceptance‚ the consideration and the intention to create legal relation. Consideration refers to what one party to an agreement is giving or promising in exchange for what is being given or promised by the other contracting party. There are certain rules that govern a valid contract. THE ISSUE: The issue in the case is whether the agreement was legally binding upon Dream Design or whether it failed for want of consideration. THE LAW: If the promise merely fulfils an existing contractual
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discussed. The first one is whether Kwan or Lau&Kwan Co. would be liable for the debt incurred by Lau. The second issue is whether Lau&Kwan Co. has established a place of business in Hong Kong. In the light of s.7 of the Partnership Ordinance‚ “acts of every partner‚ who does any act for carrying on in the usual way business of the kind carried on by the firm‚ bind the firm and his partners‚ unless the partner so acting has no authority to act for the firm in the particular matter”. That is‚ Lau
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arrangement. It is to celebrate your birthday and you buy a new dress‚ shoes and accessories for the date. He does not turn up and does not text you with an explanation. Can you sue him? If so‚ why? If not‚ why not? She would be unable to sue him as this is a social agreement which is unenforceable by law. Neither party has entered into a legally binding contract. Should you chose to break such an agreement‚ the consequences will be no more serious than upsetting or dissappointing your friends
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the Internet‚ and extend its application to the Internet. Through this process‚ existing law can be extended to apply to new situations. Difficulties can arise if courts extend the application of an existing law to a new area where there are crucial differences that make the application of the old law improper. The Jurisdiction of the Court% Steve often purchases office supplies from Supplymax. a company with stores in many states‚ but none in Steve home state of Missouri. Supplymax does‚ however
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in which Jason Miao clearly communicates to Damien of his acceptance vocally. Once acceptance is made‚ there is an agreement. Therefore‚ with the elements of a bilateral offer given by Damien‚ the express acceptance by Jason Miao‚ the intention to create legal relations with both parties‚ and the presence of ‘Consensus Ad Idem’ (meeting of minds)‚ both parties enter into a legally binding contract. One may argue about the existing original offer of $30‚000 for the construction work of building a
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is why sometimes extreme measures are taken to keep track of employee’s computer usage. There is a case from New Jersey several years ago in which a company was held liable by an appellate court because an employee transmitted child pornography from his workplace computer. The court ruled this way because the employer had a policy which stated that all email messages sent from the workplace were the property of the employer‚ and not the employee‚ along with evidence which showed that company officials
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