30th May Thursday 11-12 (replacement) 1b) Negligence misrep – For this‚ the common law negligent misrep is followed- i.e. that is duty of care‚ “special relationship” ‚ breach of standard of care‚ causation‚ and remoteness. 1c) Duress is pressure exerted by one person to coerce (influence someone to do smth) another to contract on particular terms. The main types are duress of the person “actual or threatened violence or unlawful imprisonment”‚ duress of goods “wrongful detaining‚ damaging or
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2. State whether the following provisions in a note impair or preclude negotiability‚ the instrument in each instance being otherwise in proper form. Answer each statement with either “Negotiable” or Nonnegotiable” and explain why. A. A note signed by Henry Brown in the trade name of the Quality Store. Nonnegotiable‚ no fixed amount. B. A note for $850‚ payable to the order of TV Products Company‚ “If‚ but only if‚ the color television set for which this note is given proves entirely satisfactory
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However James informed him that he has sold the aluminium BMW lightweight motorbike and now he has only a racing motorbike available for sale for RM220‚000.00. Advise Dahari. (Total: 20 marks) Question 1 is about the law contract it entails issues regarding an invitation to treat (ITT)‚ the fact shows that James has placed an advertisement at the Star newspaper for the sale of his BMW motorbike. This is advertisement is not an offer‚ it had similar with the cases of
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‘grade super A+’ Arabica coffee imported from Antioquia province in Colombia – I will pay you $3.00 per pound. The coffee should be delivered to my place of business in Panorama City on or before 12 March 2008. I will pay the full price for the coffee by 25 March 2008.” On 5 February 2008 Luis‚ who owned Colombia Coffee‚ Inc. -- a business that imported coffee from South America to the United States -- sent an e-mail to Gerald that said: “I would like to accept your offer – I will provide you
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Erin Smith Exercise 11.2 Question 1: What are the “two greatest contributors” to contract disputes? Why is it a good idea to use plain English instead of legalese when drafting a contract? What is a “letter of intent? ” What might be included in a letter of intent to avoid future disagreements over the legal effect of the letter? The two greatest contributors to contract disputes are a) failure to address all possible situations‚ whether deliberately or not‚ and b) ambiguity in the provisions
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MGMT 310 Hot Coffee Essay 3-31-13 Hot Coffee This film was very interesting to watch. It made me realize how many frivolous lawsuits that have occurred. The Stella Liebeck case was huge example. Yes I understand she suffered third degree burns and had to be hospitalized for a week or so to recover but it could have possibly been prevented. The right thing to do would be to be careful when handling the cup of hot coffee. The cup itself says to be careful and why would anyone put a cup of
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careless. a) When carrying out the first annual service‚ Crankit fits a new fuel pump. This malfunctions 24 hours later‚ causing an explosion. Injuries result to Jeremy‚ who lives next door to the factory and the explosion also causes business interruption for 3 weeks. Contract of works and materials - service and goods being provided - SUPPLY OF GOODS AND SERVICES ACT 1982 The fuel pump is defective (not clear if its defective)- s4(2) and (3) - it seems that C supplied this. Discuss
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Behavior-Oriented Rating Method VS. Results-Oriented Rating Methods The behavior-oriented rating method focuses on an employees behavior. There are two ways that behavior-oriented method is used: employees behavior is compared against other employees or an employee evaluated in terms of performance without reference to others (2005). These two systems are known as relative rating system and absolute rating system. Under the behavior-oriented rating method there are several ranking systems to choose
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Q. 1. A insured his house against fire. Later while insure‚ A killed his wife‚ severely injured his only son‚ set fire to the house and died in the fire. The son survived and sued the insurer for the fire loss‚ advice the insurer. Explain briefly? (5 Marks) Q.2 a) Satrang Singh admitted his only infant son in a private nursing home. As a result of strong dose of medicine administered by the nursing attendant‚ the child
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Chapter End Questions Chapter 12-12.1‚ 12.3 Chapter 13-13.4‚ 13.5‚ 13.7 Chapter 14-14.3‚ 14.5 Chapter 15-15.2‚ 15.3‚ 15.4 12.1 Jerome is an elderly man who lives with his nephew‚ Philip. Jerome is totally dependent on Philip’s support. Philip tells Jerome that unless Jerome transfers a tract of land he owns to Philip for a price 30 percent below market value‚ Philip will no longer support and take care of him. Jerome enters into the contract. Discuss fully whether Jerome can set aside this contract
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