determine whether a duty of care is owed? (if you answer this‚ you may not answer Q2(a) below). (iv) libel (v) identify and explain 3 ‘techniques’ for interpreting what words/phrases in a contract actually mean. (vi) disclaimer (vii) fraudulent misrepresentation Q3: Answer 1 of the following 2 questions [10 marks]. If you answer both‚ only the first one will be marked. (a) teach
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will also apply these laws to the cases provided to illustrate the application of these laws. Vitiating factors represent some sort of defect in the formation of the contract. Examples of this are that the contract is based on a mistake or a misrepresentation. Illegality on the other hand‚ is much more to do with the actual character of the agreement itself. It is of a type that the law frowns upon for some reason‚ for public policy or for other reasons it is not accepted as legitimate. CASE 1:
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chief financial officer‚ Todd C. Crow‚ former senior vice president and secretary‚ Margie Adelman‚ former controller‚ Joanne D. Kline‚ and former director of financial services‚ Scott Wilkinson for their roles in the improper accounting and the fraudulent accounting scheme. The related SEC complaint for the violations of the Federal Securities law also states that in order to support the false sales figures to Bi-Coastal‚ the former CEO instructed Bi-Coastal’s president to falsify his family’s financial
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from all of the following except a. fraud b. limitations of the audit c. error d. noncompliance with laws and regulations 2. An intentional act by one or more individuals among management‚ employees‚ or third parties which results in misrepresentation of financial statements refers to a. error c. fraud b. noncompliance d. illegal acts 3. The responsibility for the detection and prevention of errors‚ fraud and noncompliance with laws and regulations rests with a. auditor c. client
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Cheat Sheet: Note: UCC governs the sale of goods; NOT SERVICES Offer+acceptance+consideration=contract Four types of contracts: 1. consideration: when you have a contract for a bargained for exchange where the promisor receives a benefit to the promisee’s detriment; note: benefit/detriment has to induce the promise 2. moral obligation: promise+antecedent benefit (rare) 3. promissory estoppel: a contract exists when a person reasonably relies upon a promise to his detriment 4. form: some contracts
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Case Notes Question 1 Taylor v Provan (1864) 2 M 1226 Provan went to Taylor’s farm and offered to buy 31 cattle at £14 per head‚ but Taylor refused to accept less than £15. After trying unsuccessfully to purchase cattle elsewhere‚ Provan returned to Taylor’s farm the worse for drink and offered £15 per head‚ which was accepted by Taylor. Taylor later brought an action against Provan for the price of the cattle‚ and Provan claimed that he had been incapable‚ through intoxication‚ of entering
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Outline with Thesis Statement Tort Law 11/29/2010 Sherman’s v. Church of the Divine Light Thesis statement: This case of the Shermans v. Church of the Divine Light. According the case‚ the Shermans claim that their minor child has been the victim of illegal detention and intentional infliction of emotional distress and among other torts. They seek to be compensated for all the damages that such detention have brought to their minor child as well as the medical and other expenses
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KWAME NKRUMAH UNIVERSITY OF SCIENCE AND TECHNOLOGY INSTITUTE OF DISTANCE LEARNING-KOFORIDUA CENTER BARCHELOR OF BUSINESS ADMINISTRATION BUSINESS LAW QUESTION: ALL CONTRACT ARE AGREEMENT BUT NOT ALL AGREEMENT ARE CONTRACT‚ DISCUSS. NAME: FAUSTINA OWARE KORANTENG ID NO. 20284299/8654912 The Contract Act‚ 1872‚ provides the definition of contract. According to section 2 (h) of the Contract Act‚ 1872‚ “An agreement enforceable by law is a contract.” If we analyze the
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Contents Introduction 3 1. Doctrinal bases of liability 4 1.1. Reasonable Care and Skill . 4 1.2. Fiduciary Law 5 1.3. Knowing Receipt‚ Inconsistent Dealing‚ and Assistance 6 1.4. Emerging Standard: Due Diligence‚ Suitability‚ Good Faith 7 2. Duty to advise and the liability for the advice given 8 2.1. Duty to advise 8‚ 9 2.2. Liability for advice given 10 Referencing 12 Introduction In this report I defined the duties and liabilities of a Banker under Advisory
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Legal Aspects Of Business – Indian Contracts Act 1872 Indian Contract Act 1872 is the main source of law regulating contracts in Indian law. Citation Act No. 9 of 1872 Enacted by Parliament of India Date enacted 25 April 1872 Date commenced 1 September 1872 The law relating to contracts in India is contained in Indian Contract Act‚ 1872. The Act was passed by British India and is based on the principles of English Common Law. It is applicable to the All States of India except the State
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