as unsecured debts‚ employers are responsible for the deduction of tax and social insurance of their employees but are not responsible for the deduction of tax and social insurance of independent contractors that they pay for a service. Examples of How to Make the Distinction the Control Test Case: Ready Mixed Concrete (South East) Ltd –vs. - Minister of Pensions and National Insurance (1968) In this case the plaintiff‚ Ready Mixed Concrete‚ had stated in a contract between the company and lorry
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Part A Question 1 Step 1 Identify the legal issue The legal issue is whether the element of agreement requires the formation of a valid contract. Step 2 Explain the principles of law relevant to that issue with reference to authority (cases and/or legislation) The element of an agreement is one of the three elements of a contract intention to be legally bound either in formal execution in a deed; or consideration. Agreements means a meeting of the minds on at least those essential
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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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Business and Law Coursework Assignment With regard to the case‚ there are two legal issues needed to be handled. First‚ it is needed to determine whether 1) Tommy can sue Ada for not reducing the height of fence which is eracted along the side of Ada’s garden 2) Mickey can sue Ada for not fulfilling her promise to pay $1000 for Mickey’s help. To determine the two legal issues‚ we need to consider if any contractual relationship was formed between them. To begin with‚ a contract is a legally
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References: 1. Murdoch University‚ Business Law Study Guide‚ Mr Robin Peter Lange 2. http://answers.yahoo.com/question/index?qid=20071208063150AASvqyt 3. http://en.wikipedia.org/wiki/Consideration_in_English_law 4. http://www.mateoaboy.com/f6/blog_files/be9debe290ff9580bb8e5ba95217e33e-98
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BUSINESS LAW –II UNIT-I Factories Act‚ 1948 Definition – inspecting staff – Health – Safety – Welfare – Working Hours of Adults – Holidays – Employment of young persons and women – Annual leave with wages object of industrial Disputes Act – Definition of Industrial Dispute – Grievance settlement Authorities – Conciliation machinery – Procedure. Power and duties of Authorities – Reference of Disputes of Boards‚ Courts or Tribunal‚ National Tribunal – Strikes‚ Lock-out‚ Lay-off‚ Retrenchment – Unfair
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example‚ practices the mixed legal system which includes the Common Law‚ Islamic law and Customary Law. Malaysia’s legal system comprises laws which have arisen from three significant periods in Malaysian history dating from the Malacca Sultanate‚ to the spread of Islam to Southeast Asia‚ and following the absorption into the indigenous culture of British colonial rule which introduced a constitutional government and the common law. Malaysia’s unique legal system is designed to balance the delicate
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THE CONSTITUTION AND HOW IT AFFECTS BUSINESS 02/05/14 BUSINESS LAW AC131 On September 17‚ 1787‚ delegates signed the United States Constitution. The Constitution serves two major functions; it creates the three branches of the government and separates their powers‚ and it protects individual rights. Within the Constitution‚ there are ten amendments called the Bill of Right’s. These amendments guaranteed “basic individual protections”. Throughout
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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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written law in the society It is important because rules need to be established in case someone breaks them (and people tend to). If they aren’t written‚ smooth-talkers will be able to talk their way out of punishment while less charismatic people will be punished more severely‚ and some judges will be far kinder than others (warning versus jail term). It is also harder to say "we need to punish domestic crimes more severely" when there is no set rule or punishment. Simply put‚ written laws are required
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