to obtain an expression of agreement. -Undue Influence: using a position of trust or authority to dominate another party. -Misrepresentation: untrue statement is one if fact or there is active concealment (PUFFERY). -The statement is material (and important fact) to the transaction. -The victim reasonably relied on the statement. -Fraud: misrepresentation plus: -Intent. -Cause injury. COMPETENT PARTIES Competent Parties: -Legal capacity to contract. -Contractual Capability:
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2013 WL 425598 Page 1 [2013] UKSC 5 [2013] 2 W.L.R. 398 [2013] 1 All E.R. 1296 [2013] 1 All E.R. (Comm) 1009 [2013] 1 Lloyd’s Rep. 466 [2013] 1 B.C.L.C. 179 Official Transcript [2013] UKSC 5 [2013] 2 W.L.R. 398 [2013] 1 All E.R. 1296 [2013] 1 All E.R. (Comm) 1009 [2013] 1 Lloyd’s Rep. 466 [2013] 1 B.C.L.C. 179 Official Transcript (Cite as: 2013 WL 425598) [2013] UKSC 5 VTB Capital plc v Nutritek International Corp and others On appeal from: [2012] EWCA Civ 808 SC President Lord Neuberger‚ Lord Mance
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University of Maryland University College FINC 351 Final Examination Answer the following questions in your own words (do not cut-and-paste from the textbook or other sources). Remember to provide citations and references as appropriate. 1. Distinguish between pure risk and speculative risk. List and explain in detail the three kinds of pure risk. Pure risk exists when there is uncertainty as to whether loss will occur. There is no possibility that a gain is presentedonly the potential for
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Barristers and Solicitors Qualification and Training Solicitors There are over 100’000 solicitors in England and Wales. Controlled by the Law Society. * Academic – Either a law degree or any other degree combined with one year training in the Common Professional Examination. * Vocational – One year Legal Practice Examination (learn how to do the job of a solicitor) * Practical – Must obtain a Training Contract for 2 years. Practical experience. Will be paid‚ although not very high
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home address and‚ on April 10‚ 1979‚ he went to Ms. Gaines’ apartment and murdered her. He was convicted of first degree murder and sentenced to life imprisonment without the possibility of parole. Ms. Gaines’ parents brought a wrongful death/negligent hiring suit against
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Employee violence will most likely involve employees‚ supervisor‚ former employees or former supervisors. Employee violence can range from voicing threats‚ threatening conduct or even bodily assaults. Employees that have some employment related involvement within the workplace is more likely to commit an employee violence crime. Normally an individual that wants revenge or just wants to simply bring harm to the workplace commits these crimes. Employee violence is the least likely form of violence
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Justice Nix‚ quoting Justice Andrew’s dissent in Palsgraf v. Long Island R.R.‚ 248 N.Y. ‚352 argued public policy cannot allow the Defendant to be responsible for every unforeseeable proximate cause that consequently results from of the Defendant’s negligent conduct. Justice Nix admittedly quotes Sinn v.
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Case 5.3 Assumption of the Risk: Lilya v. The Greater Gulf State Fair‚ Inc. o Strict Liability • Ch. 6: Strict Liability and Product Liability o Introduction to Strict Liability and Product Liability o Negligence and Misrepresentation o Strict Liability • Landmark Law: Restatement of Torts Definition of Strict Liability o Defective Product o Defect in Manufacture • Case 6.1 Defect in Manufacture Shoshone Coca-Cola
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The collapse of Baring’s Bank in 1995 occurred principally as a result of huge losses that resulted from unauthorized derivatives trading activity by the head of the Singapore office‚ Nick Leeson.[1] The chain of events that led to the collapse of the bank could have been mitigated‚ if not entirely avoided‚ had management and/or the board of directors followed recommendations contained in internal reports that drew attention to the risks present in the highly leveraged trading program constructed
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a) “In simple language‚ a misrepresentation is a representation that is untrue. It is a false statement made by one party to the contract to the other‚ before‚ or at the time of contracting‚ on which that other party relied on in contracting.” Per Abdul Malik Ishak J. in Travelsight (M) Sdn Bhd & Anor v Atlas Corp Sdn Bhd [2003] 6 MLJ 658. With reference to the Contracts Act 1950 and relevant cases‚ discuss the circumstances and elements of misrepresentations. [20 marks] b) On 4 March
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