COMMERCIAL LAW FEEDBACK EXERCISE The issue in this case is whether there is misrepresentation or breach of contract. The distinctions between the two legal issues of misrepresentation and breach of contract are dependent on whether the pre-contractual statement was made on the basis of a representation‚ or on a promise or obligation to be fulfilled. Breach of contract is a legal cause of action in which a binding agreement or bargained-for exchange is not honored by one or more of the parties
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Disney’s Espoused and Enacted Values Aaron Eberhard 04/12/2010 Com/ 530 When Walt Disney started his company his goal was to “produce great visual entertainment†(Igner‚ 2008). An idea that quickly took off like a wild fire and grew into a dynasty. Disney still encompasses the visual media but also includes the additions of parks‚ resorts‚ consumer products‚ television stations‚ animation departments‚ and movie picture organizations. Each department has goals‚ missions‚ and values
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LGEAL PERSONALITY Foss v Harbottle (1843) 67 ER 189 is a leading English precedent in corporate law. In any action in which a wrong is alleged to have been done to a company‚ the proper claimant is the company itself. This is known as "the rule in Foss v Harbottle"‚ and the several important exceptions that have been developed are often described as "exceptions to the rule in Foss v Harbottle". Amongst these is the ’derivative action’‚ which allows a minority shareholder to bring a claim on behalf
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Case Notes Question 1 Taylor v Provan (1864) 2 M 1226 Provan went to Taylor’s farm and offered to buy 31 cattle at £14 per head‚ but Taylor refused to accept less than £15. After trying unsuccessfully to purchase cattle elsewhere‚ Provan returned to Taylor’s farm the worse for drink and offered £15 per head‚ which was accepted by Taylor. Taylor later brought an action against Provan for the price of the cattle‚ and Provan claimed that he had been incapable‚ through intoxication‚ of entering
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Slavery ending in the United States in 1865‚ once slavery ended there was the belief that the end racism and oppression would soon follow. However‚ almost 150 years later racism and the oppression of people of color is still very present in society. The most prevalent form of racism in the United States is institutional racism. Institutional racism is any kind of system of inequality based on race that can occur in institutions. Once slavery ended slaves did not automatically become integrated in
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Issues: 1.Whether petitioner is doing or transacting business in the Philippines in contemplation of the law and established jurisprudence; 2.Whether respondent is estopped from invoking the defense that petitioner has no legal capacity to sue in the Philippines; Facts: Petitioner Cargill‚ Inc. (petitioner) is a corporation organized and existing under the laws of the State of Delaware‚ United States of America. Petitioner and Northern Mindanao Corporation (NMC) executed a contract dated 16 August 1989
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COMMERICAL LAW EXAM Agency Definition Agency may be defined as a relationship between the principal (P) and the agent (A) whereby A has the authority to create a legal relationship between P and the third party (T). The purpose of agency is that two people can enter a valid contract with one another without having to deal with each other personally. Instead‚ the contract or other transaction is brought about through A who when dealing with T acts or purports to act‚ on behalf of P. Authority
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strategies were made to reduce the crimes and make the public feel more safe in the street. The Kansas City Experiment started on October 1972 and continued to 1973 ‚ it was administered by the Kansas City Police Department and evaluated by the Police Foundation. The Kansas City Experiment tested the use of preventive patrol on crime rates and citizens fear of crime. The police foundation divided Kansas into fifteen different areas‚ and those fifteen areas were divided into three groups of five. These
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The Kansas-Nebraska Act of 1854 was a controversial legislation that opened Kansas and Nebraska to white settlement‚ repealed the Compromise of 1850‚ and led opponents to form the Republican party. This piece of legislation was introduced in Congress that revived the issues of the expansion of slavery. The Compromise of 1850 was a series of measures passed by Congress to resolve sectional tensions. Congress admitted California to the Union as a free state. And organize the territories of New Mexico
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Negligence Case Template ! ! To succeed in an action in Negligence: a) a duty of care is owed‚ ! b) that the duty of care has been breached and ! c) that the breach caused damage which is not too remote from the breach! Requirement 1:! Duty of care Wether the defendant owed the plaintiff a duty of care is a question of law. The onus is on the plaintiff to establish the existence of the duty of care. ! ! - ! ! Motorists owe a duty of care to other road user “Imbree
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