Business Law SS 2013 Cermeno Nathaly‚ Dinye Syafitri Hernanda Formalities in Contract Law – Comparative view OVERVIEW: 1. GENERAL DEFINITION OF A CONTRACT 2. FORMALITIES IN THE GERMAN CONTRACT LAW • WRITTEN FORM • NOTARIAL RECORDING • OFFICIAL CERTIFICATION 3. FORMALITIES IN CONTRACT LAW OF OTHER COUNTRIES
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Employers Liability and breach of statutory duty Employers liability have both a common law and statutory aspect. Common law = found in tort of negligence. Duties are only owed to employees. Not owed to IC and visitor’s (Occupiers liability) Common Law Basic duty owed at common law by an employer to an employee is founded on the tort of negligence. Authority derives from: Wilsons and Clyde Coal v English [1938] AC 57 Employers have the duty at common law to take reasonable
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some words can have different meanings. * Words very often have more than one meaning i.e. they can be ambiguous * A broad term may be used in a statute which can give rise to confusion and uncertainty * There may be errors or omissions when the statute is drafted * New developments in society can make the words used in a statute out of date and they may no longer cover the current situation rule courts will give words their plain meaning‚ even if the result is not very sensible.
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and passed down to ease the burden of enabling statutes to be drafted more conveniently‚ and mostly are the definitions of the common provisions. The first approach known as literal approach is meant by defining the words of the statute as ordinary and plain even though if it leads to absurdity in the case of Stock v Frank Jones. The literal interpretation was applied by the courts and they were not willing to read into the words of the statute. Judges might seek to look and search the dictionaries
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Samantha Smith slipped and fell on shampoo that had spilled in the health and beauty department of the grocery store in question. Ms. Smith had suffered a broken hip from the incident and is going to be spending the next few months in physical therapy. Ms. Smith has no health insurance and is a single mother of a 2 year old boy. After our complaints were filed in the courts; the grocery store alleges that Ms. Smith had a duty herself to avoid the spillage‚ but was too distracted by her young son
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office‚ when the landlord sued him individually. I have researched Oklahoma’s service of process statute‚ and I believe that Mr. Grantham’s challenge will be successful. The Oklahoma service of process statute provides that service is valid when copies of the summons and petition are served by personal delivery. Okla. Stat. Ann. tit. 12‚ § 2004(C)(1)(c) (West 2012). In lieu of personal delivery‚ the statute allows for substituted service by leaving copies of the summons and complaint at the person’s
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Title 18‚ U.S.C.‚ Section 242 Deprivation of Rights Under Color of Law This statute makes it a crime for any person acting under color of law‚ statute‚ ordinance‚ regulation‚ or custom to willfully deprive or cause to be deprived from any person those rights‚ privileges‚ or immunities secured or protected by the Constitution and laws of the U.S. This law further prohibits a person acting under color of law‚ statute‚ ordinance‚ regulation or custom to willfully subject or cause to be subjected
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including the right to an education and the freedom to work. Notwithstanding the similarities in the constitutional provisions across the nations‚ there is some degree of unevenness regarding subsidiary legislation‚ which along with the principal statute Constitutions‚ are intended to
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First‚ the statute must have a secular legislative purpose; second‚ its principal or primary effect must be one that neither advances nor inhibits religion; finally‚ the statute must not foster "an excessive government entanglement with religion." Another test the government started using was
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A federal statute regulates an employment practice. To resolve a dispute concerning the practice‚ Paula‚ a judge‚ will most likely apply a. a common law doctrine that applied before the statute was enacted. b. a common law doctrine that applies to other‚ different practices. c. Paula’s personal philosophy of law. d. the statute. ANSWER: D PAGE: 12 type: = NAT: AACSB Reflective AICPA Critical Thinking
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