is able to take legal action to enforce the contact with Gordon – ex-Sales Manager of Heavy Trucks Ltd for the delivery of five trucks costing $950‚000. Laws To interpret these issues‚ this paper will consider section 126‚ 128(1)(4) and 129 of the Corporation Act 2001 (Cth) as well as the Turquand rule of internal management in common law. Section 126 stated that a firm could exercise the power to make‚ ratify and discharge a contract through an agent. In other words‚ the company will be liable
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which the law will enforce‚ a contract is a part of common law‚ common law is also called custom law‚ it is made by the judge to protect the community against the crimes‚ when an issue goes to court and there is no statue law that covers it‚ a judge will hear the case and issue a verdict. the record of this verdict becomes a precedent so that when similar cases arise‚ other judges may take into account the penalty previously issues. previous judgements therefore form the basis for common law. it is
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INTRODUCTION TO LAW & CRIMINAL LAW - EXAMPLE OF THEFT CASE STUDY John & Andrew stay in students accommodation together. While shopping at Tesco store John took few sun glasses from the display shelf & places them into Andrew’s pocket. Later John saw a Puma shirt priced at 50$ & swapped the price tag with another shirt marked 30$ & paid the lower price. At the exit point Mark the shop detective blocked Andrew & perform a body search. As a result
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National Coal Co. v. CIR Facts: The National Coal Co.(NCC) was created by a special law and was enacted by virtue of Act 2705 in order to develop a coal industry. It was engaged in coal mining on reserved lands belonging to the government. The National Coal Co.(NCC) filed a case against the CIR for the recovery of sum of money it paid on protest as specific tax on 24‚089 tons of coals claiming exemption to tax pursuant to Sec. 14 and 15 of Act 2719. Issue: Whether or not NCC is a private corporation
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Tenzin Lama Professor Kurland Business Law 30 April 2014 Eaton v. Waldrop Court of Civil Appeals of Alabama‚ __ So. 3d __ (2010). 45 So.3d 371 (2010) Court of Civil Appeals of Alabama. James M. EATON‚ Jr. v. Bobby Joe WALDROP. 2081095. -- March 05‚ 2010 Type of Action: Right to a trial by jury to set aside a deed Facts: On December 16‚ 2005‚ James M. Eaton‚ Jr.‚ and Marguerite Eaton filed a complaint against Waldrop alleging that Waldrop had fraudulently induced James to deed certain property situated
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NESTLÉ’S CURRENT SCENARIO Nestle India has an excellent understanding of the local market and has launched products that meet the tastes and needs of the local population. The majority of its products currently cater to urban Indians and the company is progressively expanding its reach into rural areas as the country’s per capita income grows. According to Nestle India ‘At Nestlé India we make big investment in people‚ they are our top priority. For us‚ our people are the key drivers for our success
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Certificates to the Ancilliary administrator. Benguet refuses to obey the order of the CFI of Manila on the ground that it is in violation of the Corporation By Laws. Issue: Whether or not the Benguet Consolidated Inc is covered by the orders of the COURT. Held: The Supreme Court Held that “a corporation is an artificial being created by operation of law‚ it owes its life to the state‚ its birth being purely dependent on its will”. It is logically inconceivable therefore that it will have rights and privileges
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Brown vs. Board of Education Brown vs. Board of Education is the first case to set a positive example for educators in relation to the rights of the students. This case acknowledges the fact that an African American student should be able to white student’s schools. This case was so exemplary because it was the first case to set a standard of integration instead of segregation. Brown vs. Board of Education is such a famous case because it not only gave African American students a right to a better
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Ltd By Shah Abdul Hannan‚ Former Secretary‚ Ministry of Finance‚ Government of Bangladesh and M. Fariduddin Ahmad Deputy Executive President Islami Bank Bangladesh Limited ________________________________________________ SECTION – I Banking Scenario in Bangladesh When Bangladesh came into existence on the 16th December‚ 1971‚ the banking sector of Bangladesh was in a total disarray. With the exception of two local banks incorporated in then East Pakistan‚ all the bigger local banks became inoperational
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situation that violated the MIA By Law and explain why. (8 marks) The first situation that violated the MIA By Law is this case is when Ariff Al-Hakim & Associates‚ a Chartered Accountant (CA) firm has been approached by Aminurrashid & Co‚ also a Chartered Accountant (CA) firm to undertake a financial statement audit of VCE Construdtion Work Sdn Bhd for the year ended 30th September 2011. However‚ this situation shows indirectly violation of the MIA By Law as the audit firm can ask the other
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