as a general rule‚ there is not a positive obligation on a person to disclose facts‚ exceptions to this rule included contracts of utmost good faith‚ statement which are only partially true or distort the truth‚ and the statement which are true at the time of making but change before the contract is entered into. There must be a false statement of fact or law as oppose to opinion or estimate of future events in the case of Bisset v Wilkinson3. At the same time the representation must be untrue. And
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someone who routinely deals in the particular goods involved. The UCC frequently holds a merchant to a higher standard of conduct than a non-merchant. 2. What are the rules for different terms under Sec. 2-207? 256 If there is no clear oral agreement‚ the Code supplies its own terms‚ called gap fillers‚ which cover prices‚ delivery dates and places‚ warranties‚ etc. 3. What situations are covered by UCC Article? 251-252 Article 2 applies to the sale of goods. Mixed Contracts. In a mixed contract involving
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Antonio Gallo Palenzuela Explain the concept of essential facilities and asses whether or not it pushes competition law too far. Professor Philip Areeda‚ professor at Harvard University who was considered as the foremost expert on antitrust law‚ wrote “It is less a doctrine than an epithet indicating some exceptions to the right to keep one’s creation to oneself‚ but not telling us what those exceptions are”[1]. The essential facilities theory finds its beginning in the other side of
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Laws are a familiar concept‚ and provide a basic social framework of right and wrong to which the majority adhere. Ethical theories may also be applied to all issues of uncertainty‚ including those not covered by laws or professional guidelines. They create a mechanism within which issues of moral uncertainty may be questioned and resolved (Jones 1994). One such area of moral dilemma is that of informed consent. In it’s simplest terms‚ consent may be defined as giving permission: “… in current
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Module: Common Law Assignment 2: Law of Torts Submission date: 25.4.2012 By Anna Permall Contents Verity Smith runs a small printing business in Whitstable‚ Kent. Verity’s business has been thriving and she is looking to expand her business into other parts of Kent. She would like some advice regarding the following incidents: 1. (i) Lesley‚ the Office Manager‚ suffered serious injuries to her Hands and face when her IPAD2 provided by Verity exploded at her desk. (ii)
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Bad Law/Lawyers Introduction: Law is a term which does not have a universally accepted definition‚ but one definition is that law is a system of rules and guidelines which are enforced through social institutions to govern behavior. What is bad law you may ask? Bad law ties in with quite a few things‚ as a matter of fact it’s a very big subject but I would like to break it down to just a few certain topics. The topics that I would like to discuss are what is and makes a bad lawyer in general
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Assignment 1 Common Law By: Tita Amalia V. 1. Jonathan and an international business transaction Two parties reach agreement on the terms of the sale of a product from one party to the other. The agreement was written and signed by both parties in the presence of their lawyers. a) Do the parties have a valid and enforceable contract? Before a contract is formed‚ there must be agreement consisting of offer and acceptance‚ intention to form a contract‚ and consideration. Without
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2010 Business Law Revision Booklet The Business Law final exam is 3 hours with 10 minutes of reading time. HOW TO ANSWER CASE STUDY QUESTIONS When answering this question student’s need to follow the format of: i) state the issue ii) state the law-this includes relevant legislation and cases iii) apply the law to the facts iv) state the conclusion Key words used in questions: Explain – students need to provide
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1.0 Areas of law Corporate social responsibility (CSR) has long been a touchy issue for governments not just in Australia‚ but around the world as well. Companies in Australia are governed by the corporation’s act‚ which outlines the legal capacity and power of a company. The Corporations Act 2001 (Cth) s 57A1‚ defines a corporation as a separate legal entity‚ that includes any corporate body and unincorporated bodies that may sue‚ be sued or hold property in the name of an office holder appointed
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CONSTITUTIONAL CONCERNS FOR AGENCY ACTION/CONTROL 1) NONDELEGATION a) Look to when the statute in the question has really broad language/purposes b) Rule: Under the non-delegation doctrine‚ Congress cannot delegate its legislative power to an agency because the Constitution vests Congress with this power. i) But long as the Act from Congress gives the agency some “intelligible principle” that the agency must conform to‚ the delegation will survive. Whitman (agency cannot sure own non-delegation
Free President of the United States United States Constitution Separation of powers