Law Midterm Chapter 13- The Agency Relationship (Pg. 297) • Agency: a relationship that exists when one party represents another party in the formation of legal relations Pg. 298 • Agent: a person who is authorized to act on behalf of another • Principle: a person who has permitted another to act on her behalf • Agency is a common relationship as is shown in the following examples: o A sports agent negotiates a multimillion-dollar deal on behalf of a hockey player
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In the case in the text where someone purchased a used safe at an auction for $50‚ but was later found by the buyers to contain more than $30‚000 in cash‚ how did the court rule? a. There was no contract because the buyer was unjustly enriched. b. There was no contract because the act of opening the safe was not completed before the buyers took the safe. c. This was an implied-in-fact contract and the buyers were required to pay the fair value for the safe and its contents. d. There was objective
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acceptance * ‘Capacity or the ability to understand the consequences of a contract by persons of such age prescribed by law & those with sound mind. * ‘Mutual consent’ or agreement on the terms of a contract ‘consideration’‚ or reward for goods or services rendered. The element that distinguishes a contract from casual agreements is that it is legally binding: The law provides a remedy in the event that the promise is broken. Legally‚ certain types of contracts should be in writing‚
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Impact of Different Types of Contracts The agreement was binding. The Court of Appeal distinguished the case of Balfour v Balfour (HPH 202) on the grounds that the parties were separated. Where spouses have separated it is generally considered that they do intend to be bound by their agreements. The written agreement signed was further evidence of an intention to be bound.. In this case of husband and wife is a domestic agreement‚ they jointly owned a house. Husband left to live with another
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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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Sterling computer has entered into a partnership with NoBugs a microchip processing computer. The collaboration was developing into a something successful until an incident put a strain in the business relationship. Some month ago Sterling computer has had several of their computers explode shortly after customers install them. Upon an investigation which was conducted by Sterling researchers have discovered evidence of NoBugs’s microchips aggravating a dormant defect in their computers‚ causing
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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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Unit- 5 Indian Sale of Goods Act‚ 1930 1. Contract of Sale – Meaning A contract of sale of goods is a contract whereby the seller transfers or agrees to transfer the property in goods to the buyer for a price. There may be a contract of sale between one part-owner and another [Sec 4(1)]. A contract of sale may be absolute or conditional [Sec 4(2)]. The term ‘contract of sale’ includes both a ‘sale’ and an ‘agreement to sell’. 2. Essentials of a Contract of Sale (Refer text for details)
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registered under the law (if any) for the time being in force for the registration of such documents‚ and is made on account of natural love and affection between parties standing in a near relation to each other. In other words‚ an agreement made on account of natural love and affection is binding if the following requirements are present: It is expressed in writing; It is registered (if applicable); and The parties stand in a near relation to each other --- Tan Soh Sim‚ Chan Law Keong & Ors v
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Issue Is there a valid contract between Khalid and Siti? Law and Application When Khalid is interested in buying Siti’s painting which she had named “Hawa”‚ Khalid met Siti and told her that he will pay her RM5‚000 for “Hawa”. This is an offer. Offer had be defined in S2(a) Contracts Act 1950 as “when one person signifies to another his willingness to do or to abstain from doing anything‚ with a view to obtaining the assent of that other to the act or abstinence‚ he is said to make a proposal”
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