Unit 5: Aspects of Contract & Negligence for Business | By Abdul Mir: FCS#307035 | Mark & Jodie Jones | Contents Task 1: Formation of a Contract 3 Offer & Acceptance 3 Acceptance 3 Modes of acceptance & E-Contracts 4 Consideration 4 Intention to Create Legal Relation 5 Capacity to contract 5 Blue Chip v Evershed 5 Task 2: Exclusion & Limitation Clauses 6 Contractual Terms 7 Conditions 7 Warranties 7 Innominate Terms 7 Advantages&Disadvantages
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CONTRACTS Stages in the life of a contract: 1. Preparation/Generation 2. Perfection/Birth 3. Consummation/Death Characteristics of Contracts: (ROMA) 1. Relativity (Art. 1311) 2. Obligatoriness & Consensuality (Art. 1315) 3. Mutuality (Art. 1308) 4. Autonomy (Art. 1306) Stipulation pour Autrui - stipulation in favor of a 3rd party. Requisites: 1. The stipulation must be part‚ not whole of the contract; 2. the contracting parties must have clearly and deliberately conferred
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(p. 473‚ Health Assessment and Physical Examination by Estes 3rd edition‚ 2006) d. tracheal shift to the right‚ breath sounds absent in the right lung‚ present in the left‚ resonance percussion in the left lung Incorrect Incorrect Marks for this submission: 0/1. Question 22 Marks: 1 Medication absorption is the process by which a drug passes from its site of administration into the bloodstream. Which of the following are true in the absorption of medications? i. Rich blood flow promotes
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DURESS 1. Generally If one party pressures the contractual consent of another by duress the contract is voidable by that other party (See Also s 52A TPA and s 39 FTA). The common law has long recognised that duress‚ in the form of coercion of the plaintiff’s will through illegitimate pressure or threats to the plaintiff’s interests‚ render a contract voidable (Barton v Armstrong). Traditionally‚ the common law concept of duress was limited to actual or threatened violence to the person of
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Johnson Professor Kwon Final Project Due 12/10/2012 Music Recording Contract This contract (the “agreement”) effective in the date of “0/00/0000” BETWEEN: True Records And Artist 1 ______________ Artist 2 ______________ Artist 3 ______________ Artist 4 ______________ Artist 5 ______________ Background: A. The Artist is a professional entertainer and recording artist known as “ Group” B. The Company is in the business of producing Master Recordings‚ or causing such Master Recordings
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behalf of the customer. Goods are received at the warehouse (Miami) and are sent to the freight forwarder. Before goods are sent to the freight forwarder‚ the order is opened and checked for any missing quantities or flaws on the products. (customer can also require photos of their order) If the goods have arrived at the port of Paramaribo‚ Suriname the customer will pay the remaining 45% and the order will be closed. Labor/Permission Requisite: Customer is required to have an import license. Customer
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Evaluating Whitey Basson’s income for 2010 using Kant’s Categorical Imperative 1. State your proposed act as a maxim: “I will take ZAR 620 000 000 when I’ve done a year’s work in order to get really‚ really rich.” 2. Restate this maxim as a universal law: “All people (7 billion of them) will take ZAR 620 000 000 when they’ve done a year’s work in order to get really‚ really rich.” 3. Ask whether your maxim is conceivable in a word ruled by the universal law: For everyone in the world to
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Mobile Advertising: Current Scenario‚ Emerging Trends‚ and Future Directions Venkatesh Shankar Marie Hollinger* September 2007 * Venkatesh Shankar is Professor and Coleman Chair in Marketing and Director of the Marketing PhD. Program at the Mays Business School‚ Texas A&M University‚ College Station‚ TX 77843. Marie Hollinger is with USAA‚ San Antonio. The authors thank David Hobbs for assistance with data collection and article preparation. They also thank the MSI review team and Thomas Dotzel for
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Contracts Cyril made two contracts. The first was to have his house painted one month from the date of the written contract. The second was for his neighbor’s 1957 Ford Thunderbird. Each contract was definite and clear in all respects. As to the house painting‚ Cyril inquired with the painter as to when the work could begin. The painter explained that he was extremely busy and was not sure if he could fulfill the contract. Cyril flew into a rage and immediately hired someone else
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A How to Manual to Commit Medicare Fraud “Biggest Medicare Fraud in History Busted.” “Dallas Doctor Arrested for Alleged Role in Nearly $375 Million Health Care Fraud Scheme.” These are headlines from www.abcnews.com and a press release from the US Department of Health and Social Services from February 28‚ 2012. The press release continues‚ “The FBI views health care fraud as a severe crime problem. It causes increased costs for consumers‚ tax payers and health insurance plans‚ and degrades
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