Introduction It is imperative to determine whether or not the relationship between Investment Bhd (the Company) and A Bank Bhd (the Bank) is bound as a contract. Forming a legally binding agreement‚ or a contract‚ requires four elements; an offer‚ the acceptance of that offer‚ the intention to be legally bound‚ as well as consideration. Referring to the case of Affin Credit (Malaysia) Sdn Bhd v Yap Yuen Fui‚ the lack of an offer and acceptance will cause an agreement to be declared void from the
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profitable as they expected‚ and turnover has declined even further since they took over the business. Are Charlie and/or Harley able to take any action against Max? This essay will discuss the requisite elements for establishing negligent misstatement and the issue of liability to third parties. This area of business law is supported by a number of cases‚ which have established
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ISSUE: Did Terry commit the tort of negligent misstatement while giving advice to Kevin? RULES: The following elements must be analysed: 1. There is a special relationship between Terry and Kevin where a duty of care is owed by Terry to Kevin (Hedley Byrne v Heller ): a. Terry advised Kevin; b. The advice is of a business or serious nature; c. Terry should know that Kevin intends to rely on his advice; d. It is reasonable in the circumstances for Kevin to rely on Terry’s advice; 2. Terry breached
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The Law of Negligence appears relevant in this situation. In (Gerbic and Miller 2010 P.430) the three principles to determine Negligence are: i) Was the plaintiff owed a duty of care? ii) Is the defendant in breach of that duty? iii) Was the loss caused by the breach and was it foreseeable? It will also need to be determined as to whether or not Jenny the owner is vicariously liable for the actions of her employee and if Mr Toxopersona is responsible for a proportion of his own negligence. Mr Toxopersonas
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Bernadette Lowe Grantham University BA 260 – Business Law I October 15‚ 2014 Negligence Mark sued a bank for injuries. He was not paying attention as he entered the bank because he was looking at his phone. And he fell suffering $10‚000 in injuries. Prior to the fall‚ the janitor had buffed the floor. The janitor had an IQ of 70. Normally‚ the janitor was closely supervised. However‚ today his manager was extremely tired‚ and the manager didn’t notice that the janitor had carelessly used
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Negligence is defined as the the commission of an act that a prudent person would not have done or the omission of a duty that a prudent person would have fulfilled‚ resulting in injury or harm to another person. In particular‚ in a malpractice suit‚ a professional person is negligent if harm to a client results from such an act or such failure to act‚ but it must be proved that other prudent members of the same profession would ordinarily have acted differently under the same circumstances. Negligence
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HI 5018 BUSINESS LAW Week 4 Application of Negligence to Business Chapter 9 Applications of Negligence to Business Chapter objectives On completion of this chapter‚ you should be able to: identify and discuss the application of the tort of negligence to the following: a) occupier’s liability b)strict liability c) negligent misstatements d)employer or vicarious liability e) breach of statutory duty f) criminal negligence HI 5018 BUSINESS LAW T2 2014 3 3 1 Chapter objectives On completion
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a former employee‚ and thus a reasonable reference is‚ truthful and fair. It is up to employers to thus avoid inaccurate references that lead to negligent misstatements or misinterpretations on their part. It is known that in tort‚ liability arises by fault of a particular party or defendant. In other words‚ the modern causation of negligence is formed by evidence that coincide with people or companies that had a certain duty to provide civil obligations but their actions lead to a foreseeability
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Explain your answers. Yes‚ Norris can sue the estate agent for the statements about the business. “People who unintentionally or carelessly give false advice‚ information or opinions on business or professionals matter may be liable for negligent misstatement if the receiver reasonably relied on the false material and suffered economics loss” Here‚ Norris being an indivisual interested to buy a property as mentioned above who even did some homeworks before buying it.Evatt being a professional agent
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Torts Notes – Negligence Contents 1 Preamble 2 1.1 Concurrent Wrongdoers 2 1.2 Death 2 1.3 Apologists 2 1.4 Vicarious liability/non-delegable duties 3 2 Duty of care 5 2.1 Immunities 5 2.2 Omissions/failure to control third party 6 2.3 Atypical Plaintiffs 6 2.4 Unborn Child 6 2.5 Mental Harm/Nervous Shock 7 2.6 Statutory Authorities 8 2.7 Pure Economic Loss/Negligent Misstatement 11 3 Breach of Duty 12 3.1 Section 5C 12 3.2 Obvious risks 12 4 Causation 13 4.1 Res ipsa loquitur
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