will never exist) or VOIDABLE ( contract is valid up to the point at which is set aside). 1. Mistake- VOID e.g. the parties were at cross purposes about the subject matter of the contract. 2. Misrepresentation- VOIDABLE e.g. false statement of fact about an item ( fraudulent‚ negligent ‚ innocent) 3. Duress- VOIDABLE e.g. Threat of violence or economic threat 4. Under Influence- VOIDABLE e.g. someone has influenced another to enter a contract no in their best interest. Task
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3. Contract Law “Is My Agreement an Enforceable Contract?” The Law of Contract involves answering 4 questions: (1) Is my agreement an enforceable contract? Are all of the elements of a contract present. (2) If so‚ what does it require me (and the other party) to do? - What “promises” have become terms of the contract. (3) Can I get out of it (without paying some form of penalty)? - Was the formation of the contract defective in some way (ie were there any ‘vitiating elements’ present)
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2. auditor breached that duty by failing to act with due professional care 3. direct causal connection between auditor’s negligence and third party’s injury 4. third party suffered an actual loss as a result If the auditor is found grossly negligent or has committed fraud‚ third parties may be able to successfully sue an auditor even if the third party does not have privity. If fraud or gross negligence has not been committed‚ four common-law standards exist for determining the types of third
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According the Employment Ordinance (Cap. 57)‚ Bluestate Limited have a right to use the Summary Dismissal can dismiss Emma and the company. Here will discuses the reasons. First‚ “willfully disobeys a lawful and reasonable order” (Employment Ordinance (Cap. 57)‚ 2016). Emma was late to work oftentimes. The company was given her two written warning letter and seriously stated that this was the last warning for her‚ if she still haven’t any improve‚ the company will be dismiss her. After she received
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i)Alf has a direct relationship with the employer as he is one of the employees of Skimpy PLC and the employer owes him a duty of care. However‚ the company hasn’t guarded the machinery which should be one of their primary duties as it was seen in the case Close v Steel Co of Wales where all dangerous parts of machinery should be securely fenced according to the section 14 Factories Act 1961. All workers will need safety at work and the Health and Safety at work Act 1974 will ensure all employees
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30th May Thursday 11-12 (replacement) 1b) Negligence misrep – For this‚ the common law negligent misrep is followed- i.e. that is duty of care‚ “special relationship” ‚ breach of standard of care‚ causation‚ and remoteness. 1c) Duress is pressure exerted by one person to coerce (influence someone to do smth) another to contract on particular terms. The main types are duress of the person “actual or threatened violence or unlawful imprisonment”‚ duress of goods “wrongful detaining‚ damaging or
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Issue “The mere existence of the core elements of offer‚ acceptance‚ and consideration will not guarantee a legally enforceable contract”. Discuss. A contract is an agreement which normally consists of an ’offer ’ and an ’acceptance ’ and involves the ’meeting of the minds ’ or consensus between two or more parties with the intention to create a legally enforceable binding contract. Therefore in this essay‚ the four core elements needed for the formation of a contract such as offer‚ acceptance
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The Elements of Torts Torts and the Legal System Business and Torts Intentional Negligent Without fault (strict liability) For a business‚ torts come about in three ways A person is harmed by the actions of a business or its employees A person is harmed by a product manufactured or distributed by the business or A business is harmed by the wrongful actions of another business or person Role of Tort Law While most criminal acts‚ especially violent ones‚ involve a tort‚ most torts do not
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Tort case scenarios Tort Case Scenarios Tort Case Scenarios The scenarios below provide several examples of torts to include negligence‚ unintentional torts‚ intentional torts‚ assault‚ battery‚ etc. Torts are civil wrongs recognized by law as grounds for a lawsuit. These wrongs result in an injury or harm constituting the basis for a claim by the injured party (Cornell‚ 2010). Scenario 1 Scenario 1 has multiple instances that happen during the game that raises attention between
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Definitions Assignment - TORT Intentional Torts – Intentional Torts are battery‚ assault‚ false imprisonment‚ trespass to land‚ trespass to chattel‚ and conversion. See examples of each below. Battery – The intentional unlawful‚ harmful‚ or offensive touching of the person of another. Example: The verbal argument has escalated to the point that Susan raised her hand and slapped Joe on the cheek. Susan committed battery against Joe. Assault – The intentional threatening of another with
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