OF THE FACTS: 1. The appellants were registered as a private limited company having their registered office in Bombay and the objects for which they were incorporated were the following : To act as agents for Governments or Authorities or for any bankers‚ manufactures merchants‚ shippers‚ Joint Stock Companies and others and carry on all kinds of agency business. 2. Under the Articles of Association of the Mills Company the appellants and their assigns were appointed the agents of the Company
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: Issue 1. Whether Nur Aini consent to an agreement caused by undue influence? Undue influence define under Section 16(1) of the Contract Acts where a contract is induced by undue influence if one of the parties is in a position to dominate the will of the other and uses that position to obtain an unfair advantage over the other. Section 16(1) of the Contract Acts 1950 lay down the principal in general terms and gives the element necessary to establish undue influence where the elements are
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discuss the salary negotiation case‚ the explanation of negotiation theory‚ the application of this negotiation theory to the salary negotiation case. Apparently‚ salary negotiation is very important to our daily lives due to its reflection of fair treatments of our skills sets‚ our values‚ our competencies. It is likely many professionals don’t know how to achieve the optimal outcome due to lack of understanding of the negotiation skills. Hence‚ I will explain the negotiation theory‚ the application
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Nature and Classes of Contracts Deepinder Grewal July 17th‚ 2015 MAN 224 CollegeAmerica Fort Collins Dr. George Ackerman Nature and Classes of Contracts The provision that the law allows if a party to the contract fails or refuses to perform it is the breach of contract. A breach of contract is defined as failing of one or more parties to implement the obligations assumed under the contract (Ashcoft & Ashcoft‚ 2010). It can allow the other party to take an action against them
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discuss. In Contracts‚ What is "Consideration"? In order for any contract to be enforceable‚ courts generally require three things: mutual assent (agreement to the contract terms)‚ a valid offer and acceptance‚ and consideration. Consideration in law is one of the three main building blocks of a contract. It can be anything of value‚ which each party to a legally binding contract must agree to exchange if the contract is to be valid. If only one party offers consideration in contract‚ the agreement
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‘In modern societies‚ all power is ultimately economic power.’ Discuss. There is no agreement over the question of what people mean by social power. Different understandings of this term‚ different concepts‚ have a major impact upon subsequent research and consequently produce different theories about the distribution of power. The study of social power has always been central to the sociological perspective. Different sociological theories advance different arguments about both the way in which
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* Choose negotiation you are likely to participate in‚ the near future & answer the following questions 1. What is that you really want? 2. Why will other side admit it is legitimate? 3. How will you communicate/relate? 4. Why will other participant say Yes why No? 5. Why will agreement go your Way? Negotiation I am likely to participate in the near future: As within the next six months‚ I would be completing the Executive MBA course‚ I would like to pursue a
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Void and Illegal Contracts Void Contracts Void contracts are basically those which contravene a provision in a statute or are contrary to public policy at common law but to which the ex turpi causa principle does not apply. Void by Statute A statute may declare expressly that a particular contract is void‚ eg s 45 of the Trade Practices Act 1974 which provides that clauses purporting to exclude‚ restrict‚ or modify the liability of a corporation imposed by Division 2 Part V of the Act (that
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Assessment Title: State Support: State Provision for Children – ASG1 1) Historical Development of the ECCE. The development of the ECCE sector in Ireland has been gradual and in the past decade state contribution has considerable increased. The Early Childhood Care & Education Scheme is a Government funded enterprise that provides one free pre-school year to every child in Ireland between 3-5 years. The main drive behind the development of the ECCE was the booming economy‚ this
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Introduction For parties to be bound by an agreement‚ it must first be determined if a prima facie valid and enforceable contract exists. A contract can be defined as an agreement containing promises made between two or more parties with the intention of creating certain legal rights and obligations and enforceable in a court of law [1]. For a legally binding contract to exist the following elements must be satisfied: 1. An offer must exist 2. The offer must be accepted 3
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