profit. Canny Gabrial Castle v Volume Sales(p200): Canny Gabrial argued that the 2 companies were joint ventures Decision: Agreement was partnership Polkinghorne v Holland(p205): Was the giving of financial advice outside the ordinary business of the law firm‚ such that the partners would be jointly liable Decision: Held that the firm was liable for the actions of hollan’s son Lec 5 Chap 13 Balfour v Balfour(256): At the time of the agreement‚ did the parties intend the arrangement
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Business law | CASE STUDY ONSESAMWARE | | | | | SUBMITTED BY:Randeep SinghVarinder GillLovedeep Singh | CASE STUDY History Sesamware is a Japanese software company which is very popular for open source software. Sesamware got international approval with an online multiplayer fantasy dimension game‚ Para World in mid-1990. Para world was very popular in the world between 2001 and 2004. Firstly‚ it was installed as part of the bundle downloaded by hundreds of millions of gamers around the
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Business Law Quiz 1a - Key Chapter 1 - True or False 1. Congress can only pass legislation that falls within the limits set up by the US Constitution. T 2. Only the US federal government has a constitution. F 3. State agencies take precedence over conflicting federal agency regulations. F Review Question Bob has a dispute with Ace Company over a perceived product defect. Bob hires a lawyer and after discussing the facts and issues‚ Bob’s attorney agrees to file a lawsuit
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Question 1 What legal issues does this situation raise and what are the possible legal consequences? Issue 1--duty of care The tort of negligence to be constituted depend on whether the defendant violate the principle of ‘Duty 0f Care’. Because of the case of Donoghue v Stevenson [1]‚ ‘Duty 0f Care’ has been established in common law: 1. Defendant whether or not fulfill the duty of care. 2. That defendant whether or not breached that duty. 3. whether Breach the duty of care is the main
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Business Law Notes- July‚ 10‚ 2008 Review from previous class session July 3‚ 2008 The Rules of Law regulate relations Public Law: Relations between state and individuals • Exercise of power for state authority • Based on the Roman-German Tradition • Associated with the meaning of ‘Res Publica‚’ (which means State & Society collectively) • Great Importance placed on Public Law-according to the European Continental Tradition Anglo-Saxon Law: Based on Common Law • Case Law (law
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THE TORT OF NEGLIGENCE - DUTY OF CARE EXISTENCE OF A DUTY Donoghue v Stevenson [1932] AC 562‚ • Lord Atkin attempted to lay down a general principle which would cover all the circumstances where the courts had already held that there could be liability for negligence. He said: "The rule that you are to love your neighbour becomes in law‚ you must not injure your neighbour; and the lawyer’s question‚ Who is my neighbour? … You must take reasonable care to avoid acts or omissions which
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Recognizing and Minimizing Tort and Regulatory Risk Plan Karla Ann Lewis Individual Assignment Professor James Eisneman University of Phoenix December 14‚ 2010 Recognizing and Minimizing Tort and Regulatory Risk Plan This regulatory risk plan will recognize the most common torts and risks that are associated business regulation simulation that the learning teams of this course studied. This risk plan will also include how regulatory risks will be identified and analyzed through preventive
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Intentional Tort Paper Unit 3 Holly Cord Kaplan University PA165-01 Intentional Torts Black’s Law Dictionary defines assault as “the threat or use of force on another that causes that person to have a reasonable apprehension of imminent harmful or offensive contact.” This means that the tortfeasor does not have to make physical contact with the victim. The victim only needs to be placed under a reasonable amount of fear that the physical contact will occur. In fact if physical contact does
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losing party would be subject to very harsh and unreasonable bc the contract was unenforced Categories of illegal agreements 1)that violate statutes (break laws or are directly assisting in broken laws) 2)violate public policy 3)unconscionable agreements and contracts of adhesion Noncompetition clauses 1) Clause must serve a legitimate business purpose 2) The restriction on competition must be reasonable in time‚ geographic area and scope.3) The clause should not impose any undue hardship.. -Very
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THE UNWRITTEN LAWS OF BUSINESS Excerpts taken from the book ‘THE UNWRITTEN LAWS OF BUSINESS’ written by W.J.King THE UNWRITTEN LAWS OF BUSINESS FOR THE BEGINNER IN RELATION TO WORK 1. 2. 3. 4. 5. However mental and trivial your early assignment may appear‚ give them your best efforts. Demonstrate the ability to get things done. Do not wait passively for anyone….. go after them and keep relentlessly after them. Confirm your instructions and the other person’s commitments in writing. When sent out
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