likelihoods of product default. The seller sometimes may claim these warranties impliedly or expressly. They also may disclaim warranties or restrict buyers to a few requirements to qualify for a warranty. A warranty is a promise‚ arising by operation of law‚ that something that is sold will be merchantable and fit for the purpose for which it is sold. Express warranties: need to be communicated by words to the consumer by the seller. The seller can communicate the agreement in a written contract or
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Ahmad is in business selling microcomputers. Following a major refurbishment of his shop premises he publishes the re-opening of his shop with a large newspaper advertisement on 30 august. Formalities are a general rule contracts do not need to comply with any sort of formalities. Thus‚ while it is more difficult to prove contracts that are entirely or partly oral‚ this is a matter of evidence and procedure only and is not relevant to the validity of a contract. A contract of sale may be made in
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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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deliberate intent to cause harm that exists when a person makes a statement with either knowledge of its falsity or reckless disregard of the truth. actual malice is required to establish defamation against public figures. appropriation In tort law‚ the use by one person of another person’s name‚ likeness‚ or other identifying characteristic without permission and for the benefit of the user. assault any word or action intended to make another person fearful of immediate physical harm—a reasonably
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Lakeview Developments is a development company which plans to demolish the house and build some apartments. The contract was signed by Nicole and was also signed ’for and on behalf of Lakeview Developments Pty Ltd’ by Anthony Blunt‚ who showed her his business card describing him as the ’Developments Manager’ of Lakeview Developments. Nicole has just been informed by the company that‚ as Developments Manager‚ Anthony did not have authority to enter into the contract and the company
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enforceable‚ the Statute of Frauds does not apply to Briggs v. 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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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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organisational context in relation to the relevant issues with regard to the fundamental principles that underpin the marketing process. 3. Apply theory to practice in order to generate solutions to a simple problem that addresses major impact on business organisations. 4. Evidence judgement in being able to choose and justify a solution to the problem posed within the marketing environment. 5. Be self critical and reflective in extracting learning‚ knowledge and skills. From the learning experience
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than for independent contractors‚ in the case of company liquidation employees are treated as preferential creditors whereas independent contractors are treated as unsecured debts‚ employers are responsible for the deduction of tax and social insurance of their employees but are not responsible for the deduction of tax and social insurance of independent contractors that they pay for a service. Examples of How to Make the Distinction the Control Test Case: Ready Mixed Concrete (South East) Ltd –vs
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other law‚ or by order of the court. The maximum penalty is disbarment. 4- Under what circumstances should a lawyer terminate his representation of a client? If the representation will result in violation of the Georgia Rules of Professional Conduct or other law‚ the lawyer’s physical or mental condition materially impairs the lawyer’s ability to represent the client‚ or the lawyer is discharged. 5- What does it mean for a lawyer to act as an advisor? A lawyer may refer not only to law but to
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