question is whether Micky has a contract with Ureach Mobile Co. Section 11 of Contracts Act 1950 provides who are competent to contract‚ that is those who are of the age of majority according to the law to which she is subject‚ have sound mind‚ and not disqualified from contracting by any law to which he is subject (KrishnanL‚ RajooL‚ & VergisA.C‚2009). On the other hand‚ the Age of Majority Act 1971 states that the age of majority is 18 years and above‚ and anyone below that age would be regarded
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University of Macau BBEL 230 –Business Law I Macau‚ 28 March 2010 MID-TERM EXAM (Part I) |Write your full identification‚ Western name and section. | |Only the legislation‚ without any forbidden notes‚ can be used. | |Dictionaries are allowed.
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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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acceptance * ‘Capacity or the ability to understand the consequences of a contract by persons of such age prescribed by law & those with sound mind. * ‘Mutual consent’ or agreement on the terms of a contract ‘consideration’‚ or reward for goods or services rendered. The element that distinguishes a contract from casual agreements is that it is legally binding: The law provides a remedy in the event that the promise is broken. Legally‚ certain types of contracts should be in writing‚
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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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Research Paper: The principle of a separate corporate personality is a fundamental concept in Business Law. However this does not stop the courts from lifting or piercing the veil to see what lies beneath. Critically discuss this statement citing the relevant case law. As is evident with most principles of law there are exceptions to the doctrine of separate legal personality. The courts will generally depart from the principle separate corporate personality in certain instances where tools
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Case 1: In this case about 200 customers of Potter’s business were not notified of the termination of the agency and Aker who had been a sales agent for Potter for twenty years was also fired along with the termination of the company. Typically when there is a termination of an agency or a agency relationship the agent no longer represents the principal (Potter). However‚ if an agency is terminated the principal is under a duty of notification of the termination of the agency to the third parties
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decide whether make a contract or renew a contract with consumers. And also the insurance company wants to decide the price of the contract and terms and conditions of the contract on the basis of the information which is provided by the consumers. The law enforces a duty of disclosure on consumers when they are looking to take a new insurance cover or wants to renew the existing insurance cover. Insurance
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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 duty to the promisor‚ he does not provide consideration to buy the buy promisor’s promise. In the case‚ Atlas Express Ltd. V.Kafco (Importers and Distributors) [1989] 3 W.L.R. 389 K entered
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一方邀请另一方检验a statement’s validity 则这个statement通常不会被认为是term. 特别的‚若一方特别指出他的statement可信且不需被检验‚则这个statement通常会被认为是term * Written contracts (the parol evidence rule pp.178) 5. Implied terms (in law or in fact) * Terms implied in law: oblations imposed on certain commonly arising contracts 辨别方法：Has the law already defined the obligation or the extent of it? 可以当作先例为以后的case服务的 * Terms implied by the courts：两个要求 * 1) contract must be a defined type *
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