Question 1 (b) The problem looks at whether the existence of contract entitled Albert to claim for a breach of contract from Charlie with four elements of contract to be established here: that the offer been made by Albert and has been accepted by Charlie‚ that parties intend to create legal relationship and that the consideration was provided. The issue here is to determine if a reasonable person would consider offer had been made. An offer may be described as the indication of one person to another
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Scott entered into a unilateral contract with Hume. Scott used the large signboard to offer $1000 to the ballplayer who hit a homerun over the sign. This is a promise for an act. Hume completed the performance of the act by hitting the homerun over the sign and therefore the unilateral contract between them was formed. Perry and Scott do not have a contract. The offer that he is intending to collect on was never actually offered to him as Otis did not change the sign in the allotted time frame
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Erin Smith Exercise 11.2 Question 1: What are the “two greatest contributors” to contract disputes? Why is it a good idea to use plain English instead of legalese when drafting a contract? What is a “letter of intent? ” What might be included in a letter of intent to avoid future disagreements over the legal effect of the letter? The two greatest contributors to contract disputes are a) failure to address all possible situations‚ whether deliberately or not‚ and b) ambiguity in the provisions
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(Provisional Reference Translation 11/01/2012) Business Regulations of Tokyo Stock Exchange Regulation (as of July 1‚ 2012) Contents General Provisions Examination of Trading Participant Qualifications Inspections on Trading Participants Market Surveillance on Securities Trading‚ etc. Decision on Details of Disciplinary Actions and Other Measures against Trading Participants Chapter 6 Examination with respect to New Listing of Financial Instruments‚ etc. Chapter 7 Examination‚ etc. concerning
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Safan Nizar Ali Dauva Professor Kurt S. Odenwald Business Law and Ethics February 17‚ 2011 Week 6 Assignment Chapter 23 Question no.5 Answer: No. CP Clare did not seek to improve the deal to take advantage of IRI’s sunk costs; rather it sought to enforce the bargain. And it did not take unexpected action against which IRI could not have defended. That a manufacturer will want to reassess its sales structure as volume grows must be understood by everyone--especially by a professional sales
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Business Law–LEGT1710 The Role of Law In Business The Law is a systematic set of rules to control conduct within a society‚ created by parliament and is enforced by courts. Sources of Law Law is made up of two parts: 1. Enacted (Statute) Law: law that is made by parliament. It can be changed by parliament but is interpreted by judges. In the case of a conflict between statue and common law‚ statue law prevails under the Doctrine of Parliamentary Supremacy as it has the ultimate law making
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incur liability. In Donoghue v Stevenson‚ friends of Mrs. Donoghue bought her a bottle of ginger beer‚ which contained a composed snail and caused Mrs. Donoghue to be ill. Since Mrs. Donoghue did not buy the beer‚ she could not sue under contract law but in tort. The Court held that manufacturer owed duty of care to Mrs. Donoghue and that duty was breached. The rationales behind were that Mrs. Donoghue should have had in their mind as being influenced by their careless behavior. People owe duty of care
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2) Is Bright entitled to specific performance because of the unique nature of the goods? Yes‚ the seller should cure the nonconforming goods for the buyer. If the buyer accepts the sellers re-tempt to make another delivery because the nature of the circumstance‚ it would need to be done within the time for performance expires. (UCC 2-508; 2A-513) 4) Hoselton did not have a chance to cure the defects. Is Hoselton correct? No‚ the buyer is given the opportunity to inspect the goods. If problems
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Explain the facts‚ issues and reason in the case of Carlill v Carbolic Smoke Ball Company. FACTS The Carbolic Smoke Ball Company made a product called the "smoke ball". It claimed to be a cure for influenza and a number of other diseases‚ in the context of the 1889-1890 flu pandemic (estimated to have killed 1 million people). The smoke ball was a rubber ball with a tube attached. It was filled with carbolic acid (or phenol). The tube would be inserted into a user’s nose and squeezed at the bottom
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1 . “The fundamental attribute of corporate personality is that company is a legal entity distinct from the members.”Elucidate the statement .Also specify the important features of a company. 2 . Discuss the essential elements of a valid contract. 4 . What are the characteristics of negotiable Instrument? Discuss the ‘privileges’ of holder in due course as per the provisions of the Negotiable Instruments Act‚ 1881? Also state the important amendment to be incorporated under sec 138 of the
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