Commercial Law Agency An agent is determined by law. Determined by the legal implications of what the person does. Must be acting for a principal cannot stand alone. (a)Agent has the legal authority to bind or incur liability for which the principal can be responsible. The primary role of an agent is to negotiate or conclude contracts on behalf of a principal. Actions are treated like that of the principal. Consent can be determined by the Court. (b)Agent is a person who is recognized by law as
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Aspects of Contract and Negligence for Business The aim of this brief article is to set out some key aspects of contract and the tort of negligence using the following headings: • The relationship between the parties • The nature of the obligation • Causation and remoteness of damage • The measure of damages. Using the same headings should remind you of the key aspects of each of the two areas in such a way that you are less likely to confuse them. (The words ‘contract’ and ‘negligence’
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As a demand driven discipline‚ audit has contributed to the advancement of civilization”. State your position with appropriate argument highlighting the functional‚ legal and social construct of the profession. 15 Introduction Auditors are responsible to provide an independent opinion on the true and fair view of the financial statements after he has acquainted himself with all the relevant and reliable evidences with the client. Auditor is expected to a professional adroit with sufficient proficiencies
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Misrepresentation Misrepresentation is a concept in contract law referring to a false statement of fact made by one party to another party‚ which has the effect of inducing that party into the contract. For example‚ under certain circumstances‚ false statements or promises made by a seller of goods regarding the quality or nature of the product that the seller has may constitute misrepresentation. A finding of misrepresentation allows for a remedy of rescission and sometimes damages depending on
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(4th) 481‚ at p 521 Bowen v. Paramount Builders (1977) 1 NZLR 394‚ per Richmond P.‚ at p 407 Voli v. Inglewood Shire Council [1963] HCA 15; (1963) 110 CLR 74‚ at p 85 Midland Bank v. Hett‚ Stubbs and Kemp (1979) Ch 384‚ at pp 402-403 Hedley Byrne & Co. Ltd. v. Heller & Partners Ltd. [1963] UKHL 4; AC 465 Marshall v. Broadhurst (1831) 1 C & J 403 [1831] EngR 151; (148 ER 1480) Balch v. Symes [1823] EngR 362; (1823) Turn & R 87‚ at p 92 Aebly’s Will (1941) 29 NYS 2d 929‚ at pp
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satisfactory for that case‚ of a manufacturer’s duty to the final consumer of their goods involving negligent conduct‚ but the courts saw the need to develop the duty test further. In Anns v London‚ Lord Wilberforce‚ citing Donughue‚ Home Office and Hedley Byrne attempted to formulate a definitive test for a duty of care. He said the first limb should be whether there is a relationship of proximity such that negligence is
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(a) Dylan was shopping at Quills Department Store when he slipped on the highly polished floor and broke his leg. As a result he was out of work for four months and he incurred considerable medical expenses. His leg did not heal quickly or completely because of a hereditary bone defect which he suffered. Hence he had to take on lighter work‚ which did not pay as well as his former employment. i) What legal action is available to Dylan against the proprietor of the store‚ or the cleaner or the
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Legal Reasoning is a reasonable reasoning before the decision had been made. Legal reasoning required us to consider the criteria beyond those imposed by the strict necessity of logic. It has followed certain criteria or rules which applied in practical reasoning. For an example‚ a judge has to give judgment by following the precedent case and Federal Constitution‚ legislators have to predict the impact of their laws before amendment whereby following the two-third majority of Parliament and lawyers
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PROFESSIONAL NEGLIGENCE THE CHANGING COASTLINE OF LIABILITY John L. Powell Q.C. Even the briefest acquaintance with the world’s major financial centres‚ and especially Hong Kong‚ London or New York‚ immediately confirms that we live in world dominated by professionals. The magnificent multi-storey edifices adorning the shores of this and similar cities are the castles and palaces of the present age‚ proclaiming the influence and power of professionals
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i)Alf has a direct relationship with the employer as he is one of the employees of Skimpy PLC and the employer owes him a duty of care. However‚ the company hasn’t guarded the machinery which should be one of their primary duties as it was seen in the case Close v Steel Co of Wales where all dangerous parts of machinery should be securely fenced according to the section 14 Factories Act 1961. All workers will need safety at work and the Health and Safety at work Act 1974 will ensure all employees
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