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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defects. Is Hoselton correct? No‚ the buyer is given the opportunity to inspect the goods. If problems arise over “in accordance with the contract” usage of trade‚ the course of dealing and performance and general circumstances must be given consideration to help determine the meaning of these words (UCC 2-302). If the goods or the delivery fails to conform to the contract‚ there is no duty on the part of the buyer to accept or pay. 6) Under what circumstances will Saxby not be able to recover
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Remember that these questions were designed to help guide the analysis you might do to develop appropriate recommendations. You need to focus on identifying and solving the major problem(s) in the case. Make sure you understand WHY you’re doing each analysis and how you will use it to guide your recommendations. GOLIATH PRODUCTIONS – QUESTIONS The CEO of Goliath Productions has hired your consulting firm to produce a report on this possible breach of contract case‚ including recommendations
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Question 1 Explain in which way an agency may be terminated by operation of law. (3marks) Answer: An agency is created by express appointment when the principal appoints the agent by express agreement with agent. This express agreement may be an oral or written agreement between the principal and the agent. There are four factors can cause the termination by operation of law. i. Agency is terminated by frustration In Marshall v Glanvill‚ Glanvill who is a firm of drapers appoints
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BUSINESS LAW –II UNIT-I Factories Act‚ 1948 Definition – inspecting staff – Health – Safety – Welfare – Working Hours of Adults – Holidays – Employment of young persons and women – Annual leave with wages object of industrial Disputes Act – Definition of Industrial Dispute – Grievance settlement Authorities – Conciliation machinery – Procedure. Power and duties of Authorities – Reference of Disputes of Boards‚ Courts or Tribunal‚ National Tribunal – Strikes‚ Lock-out‚ Lay-off‚ Retrenchment – Unfair
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example‚ practices the mixed legal system which includes the Common Law‚ Islamic law and Customary Law. Malaysia’s legal system comprises laws which have arisen from three significant periods in Malaysian history dating from the Malacca Sultanate‚ to the spread of Islam to Southeast Asia‚ and following the absorption into the indigenous culture of British colonial rule which introduced a constitutional government and the common law. Malaysia’s unique legal system is designed to balance the delicate
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Sackett as the specifics of this case warrant an exception from the Statue of Frauds under the equitable doctrine of part performance. Applicable Laws The equitable doctrine of part performance allows the court to enforce an oral real estate contract
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written law in the society It is important because rules need to be established in case someone breaks them (and people tend to). If they aren’t written‚ smooth-talkers will be able to talk their way out of punishment while less charismatic people will be punished more severely‚ and some judges will be far kinder than others (warning versus jail term). It is also harder to say "we need to punish domestic crimes more severely" when there is no set rule or punishment. Simply put‚ written laws are required
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LAW TUTORIAL QUESTIONS Tutorial 1 1. Explain: (a) international law (b) legal rights (c) legal duty (d) public international law (e) private international law 2. Explain the differences between civil law system and common law system 3. Explain: (a) Convention (exam) (b) Treaties (exam) (c) International Organization (d) State (e) Non-Governmental Organization (NGO) (f) MNE & TNC (g)International Person 4.What governs the relationship in International Trade? Tutorial
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ESSAY PLAN Assignment Topic Semester Two 2013 ‘Consideration does not have to be adequate or commercially realistic‚ nor does it need to be expressed in monetary terms‚ it merely needs to be “sufficient”.’ Discuss the accuracy of this statement. Your answer should include a detailed explanation of “nominal” consideration and “sufficient” consideration and how these legal concept interact in situations like that in Williams v Roffey Bros & Nicholls (Contractors) Ltd [1991] 1 QB 1
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