power is not explicitly enumerated within the Constitution? Did Article VI’s National Supremacy Clause forbid State taxes on federal doings or was the Maryland tax law statutory? Article I‚ Section 8‚ Clause (Necessary and Proper Clause) – Grants Congress the powers that are implied in the Constitution‚ but are not explicitly enumerated in the Constitution. Article VI‚ Clause 2 (National Supremacy Clause) – The Federal Government‚ in expressing any of the powers enumerated in the Constitution‚ must
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regulation. After this thorough analysis is complete a conclusion will be drawn on the bases of what was covered. Situation in UK Legislation to combat unfair terms was first passed in the 19th century. Until 1994 the controls centred on clauses which exclude or limit liability; the principal Act is now The Unfair Contract Terms Act 1977 (UCTA). However‚ in 1993 the European Council of Ministers passed a Directive on Unfair Terms on Consumer Contracts[1] which applies (with limited exceptions)
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Secure vendor contracts by April 15. 5. Setup completed on May 27. 6. Concert on May 28. 7. Cleanup completed by May 31. TECHNICAL REQUIREMENTS 1. Professional sound stage and system. 3. At least seven performing acts. 5.Parking available for 1‚000 cars. LIMITS AND EXCLUSIONS 1. Performers responsible for travel arrangements to and from X University 2.
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-Bona Fide Occupational Requirement: is a genuine requirement for a job‚ such as‚ for example‚ the need to wear a hard hat when working on a construction site. Bona fide occupational requirement is a defence that excuses discrimination o a prohibited ground when it is done for a legitimate business reason. Bona Fide occupational requirement can be rejected if a male does not have the care‚ attractiveness and delegacy a women would have. Physical capabilities have also been rejected example a women
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Also we took housing policies that include flats of municipal titularity and agreements with guesthouses of the city. The social exclusion is a complex problem that does not have a solution in the short term‚ because behind it there are very complicated personal situations ‚ whose solution requires political will and collaboration with other administrations like the Office of Health
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Exclusion of responsibility terms It is possible to have a term in the contract which excludes one of the parties from responsibility for something that may go wrong in the performance of the contract or limits that responsibility. It is called an exclusion clause or an exemption clause. For example‚ an exclusion from liability for damage done to the lawn by a builder’s backhoe might be included in a contract between the builder and a home owner who is having an extension built to their home. Express
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Task 1: Formation of a Contract 3 Offer & Acceptance 3 Acceptance 3 Modes of acceptance & E-Contracts 4 Consideration 4 Intention to Create Legal Relation 5 Capacity to contract 5 Blue Chip v Evershed 5 Task 2: Exclusion & Limitation Clauses 6 Contractual Terms 7 Conditions 7 Warranties 7 Innominate Terms 7 Advantages&Disadvantages of Using a Standard Form 7 Advantages 7 Disadvantages 8 Task 3: Differences Between Contractual & Tortious Law 8 Tortious
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McCormick v Nowland (1985) ATPR 40-852 This case is to be contrasted with McCormick v Nowland (1985) ATPR 40-852 in which the vendor’s real estate agent falsely represented that the vendor’s house was made of brick and that the swimming pool in the back yard was adjacent to a public park. The Court here held that a real estate agent owes a duty of care to a purchaser with respect to the information supplied about the property. Pincus J found that the agent had been negligent in respect of the
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The Games Café: Legal Advisory The Games café is an internet café with an innovative edge‚ diversifying into the market for computer games and consoles unlike any other known competitors. The business is currently experiencing legal issues and is in need of updating its policies and practices; the café has recently joined the small business federation and have been assigned with legal advisory for best practices on contractual and consumer matters. The Games Cafe needs to improve on how it
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TABLE OF CONTENTS 1) Introduction 2) Implied Terms 3) Custom / Usage 4) Court 5) Past Dealings 6) Statute 7) Goods Act 8) Trade Practices Act 9) Conclusion 10) Recommendations 11) Bibliography INTRODUCTION Agreements are formed in almost every communication; electronic‚ written or oral; daily. Once an agreement fulfills the components required of a contract‚ therein lies the existence of terms of a contract. These terms depict an obligation between
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