Ltd (TMMS)‚ the law applies a common law tests that approaches the issue by categorizing work relationships‚ distinguishing one from another where work relationships will be divided into two broad categories‚ contract of service‚ and all other type of work. An employee works under a contract of service or contract of employment‚ whereas an independent contractor works under a contract for services. Subsequently‚ a number of tests have been developed for the purposes of common law to distinguish the
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allow a party to discredit an unfavourable witness in any way whatever (R v M). i. However‚ counsel is at liberty to make out the case using other witnesses (Ewer v Ambrose). d. A hostile witness is one who is “unwilling to tell the truth for the advancement of justice” or is “withholding material evidence” (McLelland v Bower @ 104). e. Hostility is an objective question of fact for the judge (McLelland v Bower). i. Onus of proving hostility is on the party seeking
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The Law of Partnerships: Scott Osborne The applicable law: Partnership Act 1892 (NSW) The relevant law is contained in the Partnership Act (PA) of each of the jurisdictions. All are based on the PA (1890) UK Act. The contractual nature of Partnerships Partnerships are essentially contractual. Defining a Partnership [s.1 PA 1892 NSW] The PA defines a partnership as “the relation which exists between persons carrying on a business in common with a view of profit” Partnerships
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are three types of propriety rights which can exist at law; they are property rights‚ personal rights and equitable property rights. The first interest to consider is the lease given to Simon. To establish whether Richard will take subject to the interests one would need to consider whether the interest is capable of being legal. A lease has the potential of being created at law‚ as it is one of the two legal estates listed under s.1 (1) (b) Law of Property Act 1925‚ as a term of years absolute. The
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third party e.g. by entering into a contract or disposing of the property of the principal. Agency has been defined in different ways by different scholars. According to Fridman in his book ‘Law of Agency‚’ ‘Agency is the relationship that exists between two persons when one called the agent is considered in law to represent the other called the principal in such a way as to be able to affect the principal’s legal position in respect of strangers to the relationship by the making of contracts or the
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1. The decision in Williams v Roffey moved away from the actual technicalities of finding traditional consideration‚ to actually looking at the factual benefit which a promisor may gain. In this sense it was stated that the duty to perform an existing contract could be good consideration so long as some kind of benefit went to the promisor‚ whereas previous to this performance of an existing contract was in fact no consideration‚ (as stated in Stilk v Myrick). This decision developed the doctrine
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OPEN UNIVERSITY MALAYSIA FACULTY OF BUSINESS AND MANAGEMENT Course Code: BBUN 2103 Course Title: Business Law Name: Mariyam Anoosha Afeef Student ID number: S11723225 Tutor Name: Ahmed Nasheed Learning Centre: Villa College Trimester: May 2012 INTRODUCTION We enter into contracts that are made orally‚ every day‚ without us even realizing. For example when we buy something from a shop‚ we make a contract with the shopkeeper. However sometimes written contracts are
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Faculty of Business and Management BBUS2103 Company Law January 2013 Companies Act 1965 Section 181: Member’s Remedy Name: Mohd Afiq bin Sahar NRIC No: 871226-43-5677 Matric No: 871226435677001 Pages 1. Introduction………………………………………………………………………….3 2. Example of oppressive‚ disregard of members’ interest and unfairly prejudicial or unfairly discriminatory conduct………………………………………5 Diversion of corporate assets or opportunity………………………………...5 Diversion of profits.…………………………………………………………
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LAW OF TORT LAW2002-N 20011/12 Lectures 3 and 4: Trespass to the Person Lectures 5 – 12: Negligence TRESPASS TO THE PERSON Reading: Steele Chap 2 to page 81; Street Chap 3; Winfield Chap 4. ASSAULT AND BATTERY Introduction Battery: intentional application of force to another person. Assault: act of the defendant which causes to the claimant reasonable apprehension of the infliction of an immediate battery on him by the defendant. Battery 1. The character
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(Kantor v Kantor) * Leave aspects of the agreement blank or open to subsequent negotiation (Bundell v Blan & King v Potgieter & Finestone v Humburg) * Contain wording which is vague * Offer must be made with the intention of being accepted by some other person. Excludes the following which are not offers but simply invitations to do business. * General statements of lowest price (Efroiken v Simon) * Statements of lowest price in response to a specific inquiry (Harvey v Facey)
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