Business Law Notes Definition of Law Definition of Law – A rule of civil conduct prescribed by the supreme power in a state‚ commanding what is right‚ and prohibiting what is wrong. Nature of Law Functions of Law - To maintain stability in the social‚ political‚ and economic system through dispute resolution‚ protection of property‚ and the preservation of the state‚ while simultaneously permitting ordered change. Law and Morals * Are different but overlapping; law provides
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unfair advantage of special disadvantage: Abuse by one party of its superior bargaining position in its dealings with the other party.[3] Application In this case‚ Ji is an elderly man and has difficulty in understanding English. He has had no business experience himself. The manager of XZA Bank is aware that Ji has no other assets and is dependent on the old age pension for all living expenses then still persuades Ji to sign the mortgage contract immediately without informing Ji of the consequences
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Sterling computer has entered into a partnership with NoBugs a microchip processing computer. The collaboration was developing into a something successful until an incident put a strain in the business relationship. Some month ago Sterling computer has had several of their computers explode shortly after customers install them. Upon an investigation which was conducted by Sterling researchers have discovered evidence of NoBugs’s microchips aggravating a dormant defect in their computers‚ causing
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Mia K. Thompson LS311- Business Law I Kaplan University Professor James Starcher November 13‚ 2012 Introduction The purpose of this assignment is to discuss the renovation of Danile and Sondra Estelle home. To finance the cost they obtained a line of credit from Banc One‚ Indiana‚ which periodic does inspections to disburse funds. When the bank did the inspection they found the work to be of poor quality. When Allen failed to act on the Estelle’s complaints‚ they filed a suit in an Indiana
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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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Business Law “The doctrine laid down in Salomon v Salomon & Co Ltd [1897] AC 22 has to be watched very carefully. It has often been supposed to cast a veil on the personality of a limited company through which the courts cannot see. But that is not true. The courts can‚ and often do‚ draw aside the veil. They can‚ and often do‚ pull off the mark. They look to see what really lies behind” - Lord Denning in Littlewoods Mail Order Stores v Inland revenue Commissioners [1969] 3 All ER 422.
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Business Law & Bankruptcy Assignment #4 Aquaman is president of a marine research company called Underwater Leagues‚ Inc. When his company conceived a dramatic new invention‚ he held off announcing the discovery until he bought 50‚000 shares of Underwater Leagues at $10 per share. After the announcement‚ the share price skyrocketed to $50 per share. The shareholders of Underwater Leagues‚ Inc. bring a derivative action suit against Aquaman claiming breach of fiduciary duty for violating 17 C.F.R
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used mainly for transporting goods on public roads. S 3(2) a person is not a consumer if the goods (regardless of price paid) are acquired: -for the purpose of re-supply or -for using them up or transforming them‚ in trade or commerce (business) in production or manufacture or -repairing or treating other goods for fixtures on land. Crago v Multiquip Pty Ltd (1998) Ostrich egg incubator is not ordinarily acquired for personal‚ household or domestic use. Atkinson v Hastings Deering
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judiciary to apply statutory interpretation‚ to interpret words of a given Act‚ to give them an exact meaning and to give them legal effect. Statutory interpretation is an integral part of the court ruling process‚ as the role of a judge is to apply the law‚ not make it. When trying to establish Parliament’s intention within an Act‚ there are various aids available to help. Firstly‚ there are three approaches to interpretation. The first of these is the literal rule‚ where‚ according to Martin (2007)1
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Sale of Goods Ordinance‚ Cap 26 shall apply in this case given the fact that the motorcycle seller sold the second hand motorcycle to Sam as a course of business‚ a legally binding contractual relationship for sale of goods was established although there was no information as to whether Sam bought the motorcycle was for business or private use. Besides‚ the car shall be defined as goods under (s.2(1)) of the aforesaid ordinance. The motorcycle seller was in breach of the implied conditions in
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