"Implied terms and exclausion clauses problem questions" Essays and Research Papers

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    Questions and Problem Set 5

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    Quinnipiac University School of Business FIN350 Global Financial Markets & Institutions Questions & Problems Set 5 Spring 2013 1. Explain why commercial banks are regulated and describe the major pieces of legislation enacted to prevent bank failures. Financial institutions are regulated because they provide products and services that the economy needs to function efficiently. Also they function in an environment where there is a great deal of asymmetric information‚ so they

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    exclusion clause 1

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    the breach and which exclusion clause covers the breach. Thirdly‚ he has to find that whether Ultra clean interpreted the exclusion clause strictly and whether it is clear enough to cover the breach. Exclusion clause would prevent Thomas from claiming the breach as the purpose of it is to deny liability. The effect of exclusion clause is shown in the case of Mas Airline v Malini‚ when there’s a valid exclusion clause‚ the claimant will be bound by the exclusion clause and cannot claim from the breach

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    802.11 a/b/g/n-The collective name for the IEEE 802.11 standards for local wireless networking‚ which is the technical name for Wi-Fi. AES-An encryption standard used by WPA2 and is currently the strongest encryption standard used by Wi-Fi. Alternate IP address-When configuring TCP/IP in Windows‚ the static IP address that Windows uses if it cannot lease an IP address from a DHCP server. Anycast address-Using TCP/IP version 6‚ a type of IP address used by routers and identifies multiple destinations

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    Classification of Sentences According to the Structure 5 1.3.1 The Simple Sentence 6 1.3.2 The Composite Sentence7 1.4 Compound Sentences10 1.5 Complex Sentences ………………………………………………………………………………………………………………………………11 Chapter 2 2.1 Attributive Appositive Clauses ………………..……………………………………………………………………………………………15 Conclusion…………………………………………………………………………………………………………………………………………….…..18 Bibliography……………………………………………………………………………………………………………………………………………...21

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    AR Problem Question This problem question includes the following areas of law: - Actus Reus (Guilty Act) - Omissions (Failure to Act) - Duty to Act Situations Wood - Actus Reus = Guilty Act. To be criminally liable‚ the defendant (D) must perform a positive and voluntary act. An Omission (Failure to Act) does not make D liable‚ however‚ there are 6 situations in which failure to act may result in criminal responsibility: 1. Statute 2. Contract 3. Relationship 4. Voluntary Assumption 5

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    completed his obligations as they pertain to delivery of the drill. And as a contractual clause will always take precedent over any relevant law expect in the case of mandatory law‚ the contractual clause as to the delivery conditions stands. Non – Delivery and Damages On the 15th April‚ Mr Williams requested Mr Wu compensate him for the loss of the drilling machine‚ despite the fact that the ex-warehouse delivery clause in the contract automatically removes any liability for Mr Wu. However‚ the police

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    grants Congress the power "to make all laws which shall be necessary and proper for carrying into execution the foregoing powers"‚ this is known as the Necessary and Proper Clause. The Necessary and Proper Clause grants Congress the authority to create and enforce laws that are deemed “necessary and proper”. The draft of this clause provoked plenty controversy during the discussions

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    Forum Selection Clause

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    ________________________________________ The legal topic at hand is the forum-selection clause. This clause comes from the Uniform Computer Information Transactions Act article 2b section 110. The forum selection clause limits jurisdiction for the parties who enter into an agreement containing the clause. The enforceability of the forum selection clause came to question through the case of Bremen v. Zapata Off-Shore Co in 1972. Despite having a forum-selection clause‚ courts refused to decline jurisdiction on the basis of forum

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    strict textual approach would incorporate philanthropy‚ particularly with the reasonable forethought of a tax deduction establishing a motive. There is little doubt then‚ that the payment in question satisfies the meaning of ’expenditure’ as in section 4 of the Act. In determining whether the payment in question was indeed directed to a ’political matter’‚ the objective intention of parliament must be ascertained as legislatively mandated by s 33 of the Interpretation Act 1987 (NSW) and preferred

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    Harvela Investments Ltd‚ the invitation to tender is treated as an offer implicating legal obligations. I believe that Jack was making an invitation to treat rather than an invitation to tender‚ constituting an offer‚ for several reasons; firstly‚ the terms of the invitation are vague‚ with no specification of time for which acceptance of the ‘most competitive tender ’ will remain open till; secondly‚ I infer that the lack of formality in Jack ’s proposal indicates Jack ’s lack of intention to create

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