Part a) Legal position enabling expulsion of Annabel from the partnership. Step 1:- The problem at hand deals with Partnership law as governed by the Partnership Act 1895 in the absence of a written agreement. Principles of Common law and Equitable principles also apply. Partnership Act governs the partnership of ‘Health Plus’. Sec. 30 of the Act‚ as it relates to misappropriation of partnership property. The application of Sec. 39 Partnership Act 1895 and the Fiduciary Duty breached. Supreme
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Commercial Law Term Paper (Case Analysis) Pro-Gordon C. Johnson June 18‚ 2013 9th Edition Chapter 5-Case 5 Summary: Marie-Claude operated a bowling alley in a commercial area that was adjacent to a residential area. Many small children used the parking lot near the bowling alley as a playground‚ and Marie-Claude was constantly tell these children leave the parking area maybe they will get injured. However‚ one six years old boy climb onto the flat roof of
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Dawn Montgomery BUSI Law 2301 NT February 15‚ 2013 Case Study #1 I. FACTS: Helen‚ age 17‚ falsely presented an identification card showing her age as 22 to a motorcycle dealer. She persuaded him to sell her a motorcycle on credit because she did not have the money to pay cash. Helen drove the motorcycle away and a few days later‚ returned it to the dealer stating that she voided the contract. The dealer states that she cannot void the contract because (a) she had misrepresented her age
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MY LORDS‚ Introduction 1. This is an appeal brought by Miss Sandra Johnson and others (original claimants) against the decision of the Court of Appeal. The action under review is whether the two Respondents‚ Express Bus Company (EBC) Ltd and Blasts Ltd‚ were in breach of duty of care to the deceased and injured children. 2. It is worth explaining at the outset of this judgment about the definition of negligence. Negligence is the omission to do something which a reasonable man‚ guided upon those
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Critical health issues might include the right to see a doctor and to be treated irrespective of gender‚ finance or religious views as by law. A patient is entitled to receiving treatment even while they cannot afford it just to keep them alive and healthy‚ though it is also a challenge to private health sectors because they have to follow some due processes before they could be reimbursed. Physicians tend to do what they feel is right‚ and what might feel right or makes sense from a business or
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Merck & Company Case Report Prepared by: Group 7 Date: 26/09/2014 Group Members: HAN Qi‚ 1155060413 LI Yickho‚ 1155000895 PENG Keshu‚ 1155053635 YANG Dezhong‚ 1155055844 ZHANG Yexin‚ 1155053624 Introduction Merck & Co.‚ a global research-driven pharmaceutical company‚ is generating substantial profit mainly by discovering and manufacturing exclusive drugs. Its popular products have brought in significant amount of sales to the company; however‚ the patents of these drugs are expired in two years
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Distinguish between a liability and a environmental liability. Is there any difference in the principle? A liability is a present obligation of the enterprise arising from the past events‚ the settlement of which is expected to result in an outflow from the enterprise of resources embodying economic benefits whereas An environmental liability is an obligation to pay future expenditures to remedy environmental damage that has occurred because of past events or transactions‚ or to compensate a
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according to procedure established by law - Articles 11 and 13 of the Constitution -Administrative practice. The application of a concept of administrative practice can extend State responsibility to cases where the material before court can show that occurrence of the acts complained of can be attributed to the existence of a general situation created or brought about by the negligence and indifference of those in authority. In the instant case if liability is to be imputed to the State‚ it must
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commerce liability bill. WHAT IS THE BILL? A civil nuclear agreement between India and United States in 2008 ended New Delhi’s isolation in global atomic commerce and opened up its state-controlled nuclear power market to foreign firms. But the deal could not be implemented until India put in place a compensation regime that limited the liability of private companies‚ especially those from the United States‚ in the event of an industrial accident. So India framed the Civil Liability for Nuclear
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About the Company and David Oreck • “David Oreck founded the Oreck Corporation in the United States in 1963. The company’s principal manufacturing facilities are in Cookeville‚ TN.” • “In 2001 Oreck had 200 Oreck-owned stores across the nation‚ and worked out a licensing deal for investors who can set up Oreck Prototypes for a $75‚000 investment.” • “The vast majority of Oreck sales took place over the telephone or through the mail.” • David Oreck was born in Duluth‚ Minnesota. In New York
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