charter or by law[2]. It means an act which is beyond the powers[3]. 3. Definition: “The term ultra vires simply means beyond powers or lack of power. An act is said to be ultra vires‚ when it is in excess of the power of the person or authority doing it[4].” 1.3.1 As per law dealing with companies: The term ultra vires in connection with law regarding companies is defined in the following way; “A company incorporated under the Companies Act had legal personality only for the
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5. The Law of Piercing the Veil of Incorporation “Piercing the corporate veil” refers to the judicially imposed exception to this rule by which courts disregarded the separateness of the company and consider a shareholder responsible for the company’s action as if it were the shareholder’s own. A fundamental rule of corporate law is that shareholders in an organization are not liable for the obligations of the enterprise beyond the capital that they contribute in exchange for their shares. It refers
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PAPER – CONTRACT 1 Define contract. Explain the essentials of valid contract. A voluntary‚ deliberate‚ and legally binding agreement between two or more competent parties. Contracts are usually written but may be spoken or implied‚ and generally have to do with employment‚ sale or lease‚ or tenancy. 1. Essentials of a valid contract All agreements are not contracts. Only that agreements which is enforceable at law is a contract. An agreement which is enforceable at law cannot be contract. Thus
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SUMMARY Since the incorporation of Puregold‚ it has never been subjected to nor has been involved in any bankruptcy‚ receivership or similar proceedings. It was recognized as Reader’s Digest Asia’s Most Trusted Brands in 2008. Also in the same year‚ it launched a new format called “Puregold Jr. Supermarket.” By mid-2009‚ it gained market leadership being the second largest hypermarket and supermarket retailer in the Philippines in terms of net sales. By 2010‚ it opened 62 stores‚ and launched
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CONTRACTS CONTRACT a meeting of minds between 2 persons whereby one binds himself‚ with respect to the other‚ to give something or to render some service (ARTICLE 1305) GENERAL PROVISIONS (Arts. 1305-1317) Distinguish an ordinary Contract: a.) from a Contract of marriage b.) from an obligation c.) from an imperfect promise d.) from a pact e.) from a stipulation a.) from a Contract of marriage ORDINARY CONTRACT 1. The parties may be 2 or more persons of same or different genders
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A contract -is a legal agreement that occurs between two or more parties. It can be a written or spoken agreement that can concern employment‚ sales‚ or tenancy. Parties or members involved‚ enter voluntarily into this agreement. Every contracts involve two persons they are the: Offeror and Offeree. The offeror is the one who offers to enter into a contract and the Offeree is the one to whom the contract is being offered Elements of a contract: Agreement‚ Lawful object‚ consideration and contractual
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ILP II: The Incorporation of the Benchmarking Technique on Amazon BUSI 601 Liberty University 1 May 2015 Rationale Benchmarking encompasses evaluation of other company’s business processes and embracing them to improve performance‚ search for innovative ideas‚ and gain a competitive advantage. Benchmarking establishes a rational method for setting performance goals‚ and gaining market leadership and a broader‚ more accurate organizational management perspective. The process is according
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Q&A 2 Certainty of terms and intention Introduction Contractual certainty If businessmen are often not overly-concerned with the niceties of offer and acceptance it follows that their contracts may not be all-embracing and complete in every respect. The parties may have reached an agreement in principle and then prefer to rely on experience from previous dealings‚ business practice and goodwill. The law’s overall policy is to uphold bargains wherever possible and although businessmen tend to
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distinguished from offers because they contain no demonstration of present intent to form contractual relations. No contract is formed when prospective purchasers respond to such terms‚ as they are merely invitations or requests for an offer. Unless this interpretation is employed‚ any person in a position similar to a seller who advertises goods in any medium would be liable for numerous contracts when there is usually a limited quantity of merchandise for sale. An advertisement‚ price quotation‚ or catalogue
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CONTRACTS Stages in the life of a contract: 1. Preparation/Generation 2. Perfection/Birth 3. Consummation/Death Characteristics of Contracts: (ROMA) 1. Relativity (Art. 1311) 2. Obligatoriness & Consensuality (Art. 1315) 3. Mutuality (Art. 1308) 4. Autonomy (Art. 1306) Stipulation pour Autrui - stipulation in favor of a 3rd party. Requisites: 1. The stipulation must be part‚ not whole of the contract; 2. the contracting parties must have clearly and deliberately conferred
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