Chapter 1: Introduction and Classification of Law A. * Constitutional Law The federal government and the states have separate written constitutions that set forth the general organizations‚ powers‚ and limits of their respective governments. * Statutory Laws enacted by legislative bodies at any level of government such as the statues passed by congress or by state legislatures make up the body of law generally referred to as statutory law. Also includes ordinances‚ which are passed by municipal
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The Contract Law Bible Hey Guys. I worked really hard on this on the run up to the June exam last year. I found it really useful and so did the people in my class. Please feel free to pass this on to your friends who are studying contract law‚ but please don’t pass it off as your own‚ or make any money from the reproduction of this. Thanks =) Lucy Rimington © Offer and Acceptance Offer - A proposal to enter into an agreement with another person. An offer must express the intent of the person
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Chapter 19: Construction of a contract Representations: statements of facts that are made by one party before or at the time of making a contract to induce an offeree to enter the contract. *Do not form part of the contract‚ not actionable at contract law The parol (oral) evidence rule: Written contracts override oral evidence‚ as court expects all intention to be contracted. Collateral contracts: 44. De Lassalle v Guilford [1901]: P and D entered into lease‚ D assured P drains were in
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offeror or the offeror ’s agent. __T___ Generally‚ advertisements‚ catalogs‚ price lists‚ etc. are not treated as offers. __F___ A counteroffer is treated as both a revocation and a new offer. _T____ Consideration can consist of giving up a legal right. __T___ A promise to act or to refrain from doing an act can serve as consideration. __F___ The mirror image rule permits the offeree ’s acceptance of a contract to vary from the offer. _F____ A person who delegates his contractual duties
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NATURAL LAW AND LEGAL POSITIVISM This essay is going to discuss and analyse the differences between two basic principles- natural law and legal positivism. According to Hume‚ there are two realms of human enquiry ‚ one in the field of facts which is concerned with what ‘ is ‘ actually the case and the other in the field of ‘ought’ that is‚ what ought to be the case1. Those who believe in the principle of natural law are known as naturalists while those who believe in the principle of legal positivism
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LAW ASSESSMENT 2 PART A: Question 1: 1. Kenny and Duke must register this business name. According to the Business Names Act‚ 2002‚ the legislation states that it is compulsory to register a business name where a person‚ including a company‚ wishes to use a name other than their own. 2. To register a business name‚ the owner or owners must submit an application form and pay the prescribed fees to the appropriate government agency. In New South Wales‚ it is called the Office of Fair Trading
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(particularly new incumbents) and also users of the system and in ensuring uniformity of practice. Indeed section 98 of the Trade Marks Act gives statutory recognition to “practice of the Trade Marks Registry” as an important aspect in determination of legal proceedings on appeal before the Appellate Board. For greater transparency the draft manual attempts to explain the practices of Trade Marks Registry in all the areas of administration of the system. The draft Manual is in the nature
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COMPANY LAW AND BUSINESS ASSOCIATIONS Shares are securities which companies issue to members of the pubic in order to raise money to finance their operations. Shares are securities because they represent the financial interest which a person has in the share capital of the company. So long as the company is still in business‚ the financial interest (shares) of a shareholder is protected by law and cannot be taken away except by lawful means such as by court order or by nationalization provided
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Business Law Case Study In the case presented‚ Biff Smith‚ the Chief of Police of the local department ordered a set of bicycles off of a local storeowner‚ Dirk Right. This was no simple order though‚ in fact Biff intended on starting a bike patrol unit within the local department. Biff went to Dirks Bicycle shop to place an order. The order was for five mountain bikes to be used for patrol so they had to be custom made in order to sport the police decals. Biff was very familiar with the Schwinn
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Topic 3: Contract Law *What is a contract? a legally enforceable agreement; that is‚ an agreement enforceable in a court *Types of contracts Number of parties: * Unilateral – one party (eg reward case) * Bilateral – two parties‚ both with mutual obligations * Multilateral – more than two parties‚ all with obligat0ions Form: * Simple Contracts: written; oral; part-written & part-oral * Need all elements of a contract ‚ including consideration * If all elements
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