Assignment 4 Termination Questions 1. Is there any basis upon which Brown can make a claim against Whitney? Explain the nature of any possible claim and the remedies that she would seek. Note that in this question you are asked for the position Brown would be taking. Do not deal with what she might be awarded -- that is considered in question 2. The claim that Brown can make against Whitney is that she was constructively dismissed due to an untenable work environment created by her supervisor
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Employment law in United State Literature Review Employment law evolved from contract law and master-servant law to deal with the unique problems characterizing the modern employment relationship. The first task is to determine the difference between a firm’s relationships with an outside contractor selling services and second its relationship with an employee. The difference not only affects the area of law that regulates the relationship‚ but it also affects the relevant tax law. In the United
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Executive Summary Various issues in the common law arise when agents make contracts on behalf of principals. Should a principal be bound when his agent makes a contract on his behalf that he would immediately wish to disavow? The tradeoffs resemble those in tort‚ so the least-cost avoider principle is useful for deciding which agreements are binding and can unify a number of different doctrines in agency law. In particular‚ an efficiency explanation can be found for the undisclosed-principal rule
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The Miranda Law HIS 303 Prof. Dorey January 6‚ 2011 On March 13‚ 1963‚ in Phoenix‚ Arizona‚ Ernesto Miranda‚ a man with a past criminal record‚ was arrested at Arizona in his home. Ernesto Miranda was arrested and brought into custody by the police and brought to the Phoenix police station. He was suspected and then later identified as the person who stole $8.00 from a Phoenix‚ Arizona bank worker. Ernesto Miranda was questioned for two hours by police‚ then confessed to the robbery
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tort law INTRODUCTION TO THE LAW OF NEGLIGENCE…………………………………………….........4 Buchan v. Ortho Pharmaceutical (Canada) Ltd Hollis v. Dow Corning Cor Tobacco Tort Cases in Ontario (1) THE DUTY OF CARE: GENERAL PRINCIPLES……………………………………………….....6 (a) An Introduction to the Concept of Duty……………………………………………………...6 (i) General Duty of Care Test……………………………………………………………..6 Donoghue v. Stevenson (sets out general neighbour DoC)
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English tort law English tort law concerns civil wrongs‚ as distinguished from criminal wrongs‚ in the law of England and Wales. Some wrongs are the concern of the state‚ and so the police can enforce the law on the wrongdoers in court – in a criminal case. A tort is not enforced by the police‚ and it is a civil action taken by one citizen against another‚ and tried in a court in front of a judge (only rarely‚ in certain cases of defamation‚ with a jury). Tort derives from middle English for
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2: Describe briefly the “tips for contracts” contained in this article. In your opinion‚ are some tips more important than others? Why or why not? In this article the tips for contracts involve general contract principals‚ performance‚ competition‚ termination‚ exposure‚ changes and enforcement. In my opinion‚ the most important tips involve performance. These are the most important details in a contract and need to be addressed carefully. Question 3: The article points out that “any ambiguity in an
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Business law ECTS points FORMTEXT 5 What will the student have learnt/be able to do when having completed the subject/project? FORMTEXT During the subject "Business law" you´ll learn about the danish legal system and which rules‚ you´ll have to be aware of‚ when you´re working with the other courses in your study programme i.e. Marketing‚ Sales‚ Ecconomics‚ Communication and Management. Business law is divided into two semestres. First semester focuses primarilly on "Sources of law"‚ "Contract
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Sales‚ does he should stop his trading. This essay will apply law theory and precedent cases to distinguish john case. The principle of corporate entity was established in the case of Salomon v A. Salomon‚ now referred to as the ’Salomon’ principle Legal The House of Lords’ decision in Salomon v A Salomon & Co Ltd [1897] established the separate identity of the company. Salomon v A Salomon & Co Ltd [1897] AC 22 is a landmark UK company law case. The effect of the Lords’ unanimous ruling was to uphold
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Question 1 Explain in which way an agency may be terminated by operation of law. (3marks) Answer: An agency is created by express appointment when the principal appoints the agent by express agreement with agent. This express agreement may be an oral or written agreement between the principal and the agent. There are four factors can cause the termination by operation of law. i. Agency is terminated by frustration In Marshall v Glanvill‚ Glanvill who is a firm of drapers appoints
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