an offer. According to section 13‚ "Tow or more persons are said to consent when they agree upon the same thing in the same thing in same sense." Thus‚ consent involves identity of minds in respect of the subject matter of the contract. In English Law‚ this is called ’consensus-ad-idem’. Contract act sec 14‚ is the which has been obtained by the free will of the parties. No pressure in the form of coercion fraud undue influence‚ mistake and misrepresentation in
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proprietor of the store‚ or the cleaner or the floor polish manufacturer The case states that Dylan incurred medical expenses due to slipping on the highly polished floor when shopping at Quills Department Store. This case applied to Australian common law‚ implied terms of negligence. The first issue is whether the proprietor of Quills Department Store is liable to Dylans injury. In order to determine‚ there are three steps must be satisfied. Firstly‚ if the proprietor owed a duty of care to Dylan need
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CONTRACT LAW INTRODUCTION The Law of Contract governs the relationship between individuals in a wide range of circumstances. Everyday actions often involve making contracts and therefore the law has simple foundations. Contract law covers everything from simple shopping to large commercial deals and case law is wide in the matters that it covers also. Contracts are made by ordinary people in everyday situations many times a day e.g. buying a magazine‚ shopping‚ parking the car etc. Usually
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Assignment on Business Law Topic: Identify the food product (Maggi 2-Minute noodles)‚ Cigarette (British American Tobacco Group)‚ Electronic good (Symphony mobile phone) are safe or unsafe under the Consumer Rights Protection Act 2009. Submitted by: Group-5 Name ID. No. Muhammad Shahreer Imran (L) 100206007 Md. Masud Rana 100106002 Naguib Jahan Shafi 100206014 Md. Akhlas Hossain Subuz 110106019 Surma Akter Mili 100206003
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Torts Outline- Brill Fall 2001 Overview: *What is a tort? A civil wrong other than a breach of contract for which the law provides a remedy. *Purposes of Tort law: Deter wrongful Encourage socially responsible behavior Restore injured parties to their original condition Peaceful means Intentional Torts I. Intent a. Definition—(1) voluntary acts for the purpose of causing [the essential element of the tort] OR (2) voluntary acts with knowledge
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SERGIO F. NAGUIAT‚ doing business under the name and style SERGIO F. NAGUIAT ENT.‚ INC.‚ & CLARK FIELD TAXI‚ INC.‚ petitioners‚ NATIONAL LABOR RELATIONS COMMISSION (THIRD DIVISION)‚ NATIONAL ORGANIZATION OF WORKINGMEN and its members‚ LEONARDO T. GALANG‚ et al.‚ respondents. FACTS: Naguiat is the president and a stockholder of Clark Field Taxi‚ Inc. (CFT). Due to the phase-out of the US bases in the country‚ Clark Air Base was closed and the taxi drivers of CFTI were separated from service.
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trees and no one should bear responsibility for Galindo’s death. It is an accident that is beyond the human ability to prevent and the case should be dismissed. Support your decision with an appropriate rule of law. The decision is based on custom/defenses to negligence. Custom rule of law states that there is no breach when the defendant acts in line as everyone else. And in this case the act of ignoring a leaning tree is
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Northwest Brands‚ Inc.‚ is a small business incorporated in Minnesota. It’s one class of stock is owned by twelve members of a single family. Ordinarily‚ corporate income is taxed at the corporate and shareholder levels. Is there a way for Northwest Brands to avoid this double-income taxation? Explain your answer. I believe so‚ the Northwest Brands can stay clear from double-income taxation by electing to be treated as an S corporation
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etc... Intellectual property can be created by you or you can pay someone to create it for you. Intellectual property is protected by trade secrets‚ patents‚ trademarks and copyright laws. Each of these laws covers a specific type of intellectual property. History of Intellectual Property Law Intellectual property law dates at least as far back as medieval Europe. In those times‚ “guilds‚” or associations of artisans in a particular industry‚ were granted authority by the governments to control the
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TORTS EXAM 2 STUDY GUIDE NEGLIGENCE • Negligence: The failure of individuals to appreciate the risks caused by their conduct. • Synonymous with carelessness did not intend to cause harm to Plaintiff • To determine whether negligence exists‚ must ask: 1. Was the Defendant’s conduct unreasonable? 2. Did the Defendant cause the Plaintiff’s injury? Elements of Negligence: 1. Duty by the Defendant to the Plaintiff 2. Defendant breached the duty of reasonable care 3. Defendant’s actions were
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