It is a defense in the sense that the two parties had agreed to perform the contract but had not factored in such other contingencies that could render the whole or part of the contract [...]
While it might give us a glimpse of the nature of the relationship, it does not however state the extent to which the trustee is liable to the beneficiary.
In the process, the chairman of the board of directors was in return negotiating for the sale of the same shares belonging to the plaintiff to another company for a higher value than that which [...]
One common view that will be maintained in the course of this discussion is the perception that maintains the approach of the philosopher John Rawls.
In regard to Susan, she is expected to issue tickets; it is clear that the issuance of tickets is part of her normal duties.
Duncan does not like the dirty state of the shop and he is not pleased by the fact that Jarrad is employed to keep the shop clean as part of his duties yet he does [...]
The subject of the contract in the case of the Duncan and Suzan is not illegal as the issuance of the tickets is a legal activity by local authorities.
In a move to improve the cleanliness of the shop, Duncan makes a proposal to increase Jarrad's weekly payments by 30 subject to Jarrad's commitment to ensure that the cleanliness of the shop is improved.
In regards to the case involving Susan and Duncan, some important issues arise that must be looked at to establish if there was a contract between Susan and Duncan that was legally enforceable and also [...]
In this case we need to clearly understand whether the intent to enter into this contract is of a nature that can be termed as legally enforceable or it was just a family relationship between [...]
Under the contract of CG and Cambridge city, the offer was given by the city to the CG to collect the garbage in the area of 3000 households for three years with the expectation of [...]
According to the Company's Act 2006, "the remuneration of the directors will be determined by the directors" in the properly managed company; this means that the board of directors has the mandate to determine and [...]
The option of the House of Lords to choose from the variety is just an illustration of the concept of the persuasive precedent that the presiding authority is under no legal obligation to apply any [...]
During business interactions, an agent must disclose the identity of a principal only if the third party is aware that he is working for the principal and have knowledge of the principal's identity.
If she had made an explicit promise to him and said that he could live in the house for a certain period of time, Mary would not be able to evict Tony from this house.
However, findings later showed that it was plainly wrong to solve the case in such a manner because of the following; The affected parties in the case opted to follow the ICC rules instead of [...]
The US court of Appeal affirmed the decision of the lower court arguing that the city had the right to issue the ban to avoid littering of the city but it was not justified to [...]
The most important aspect of a contract is the offer and acceptance where one party offers an agreement and the other accepts.
Australia banned the importation of New Zealand apples back in the 1920s and there has been a 90-year war between Australia and New Zealand concerning this ban therefore for almost one century it was illegal [...]
The perpetrators of these crimes are people in the course of their duties and therefore abusing their positions of trust. It is one piece of legislation designed to limit fraud as one of the major [...]
These affected citizens could sue the United States Government for torture, denial of knowledge and conspiracy According to article 36 of the Vienna convention, if a state fails to appeal for its individual in a [...]
The right to refuse delivery and demand for the return of money by the buyer MAS is to be considered under a contract of sale and the revision of the law of contracts for the [...]
ASIC was provided with the notice of the application and it advised the Federal Court of Australia that it did not oppose the application; neither did it propose to attend the hearing of the application.
Despite the separation of the roles and rights of the business from those of the directors, it's important for Andy, Roberts and Sugar to realise that there are some incidences when the directors of a [...]
Loh went to court claiming that he was entitled to 30% of all the businesses that he and Miss Lee owned.
The analysis of this case will tend to advise him on the next reaction relating to the competition which was in place, the contract and the letter that he received from the solicitors.
This is similar to the situation in the US where the office of the Attorney and a section of the Criminal Fraud Department of Justice handles mortgage prosecution cases.
When the couple approached the hotel manager, they were referred to the terms and conditions form they had signed as they checked in and one of the terms and conditions read that the hotel will [...]
The other risk that may be faced by the company is that the contractors may delay in completing the project on time and hence exposing it to the risks of duplication.
This is to say that, if an individual or a group of individuals starts a business as a corporation, then the company takes the form of a legal entity with a different legal persona, separate [...]
This is in addition to the Equal Pay Act which demands an individual to file a discrimination charge prior to filing a suit with regard to job discrimination on the employer.
At the same time, the customers of the company, and Thomas and Peter in particular, considered the advertisement to be an offer to the world at large.
Hence, the Trial held in the Court of Appeals discussed the case in reliance on the common and statutory law. More importantly, the accusations imposed on the sellers had proved to be void according to [...]
Mitchel's case helped to reveal the gaps of the Sale of Goods Act 1979 in terms of responsibility and reasonableness of terms.
This is one of the provisions that force the company to take responsibility for the damage or loss of the goods.
According to the areasonableness' test of Section 11 enlarging on the extent of restrictions imposed on this notice, there are some misconceptions concerning the level of responsibility for the contract terms.
For example, if an employee in a health care organization gives wrong prescription to a patient and causes death, the conduct would be regarded criminal if the employee had the intention of causing harm to [...]
The regulation governs the basis of an analysis of type of collaboration and the rules to be applied in the analysis.
IPAMG is a firm that is charged with the role of passing information about financial planning and investment. This is unfair competition and it lead to a penalty for the IPAMG.
The sine quo non for setting up a company in the United Kingdom is to have relevant documents to be filed with the Companies House and to receive permission from the Registrar of Companies to [...]
SHARON VILLARREAL, Defendant The history of the case plaintiff had copied music and was taken to court and was sued. The defendant by searching and copying music is illegal and court was determined whether copying [...]
But he also added during the questioning that he did not deliver the memorandum to Lucy, but that Lucy picked it up, read it, put it in his pocket, attempted to offer Zehmer $5 to [...]
The CA 2006 preserves the primacy of the main goal of companies namely the maximisation of profits for the advantageous of the company shareholders.
A statutory standard may require all the corporations to separate at all times the chairman and the chief executive officer, to give more power to the share orders, for example in the Delaware's chartered corporations, [...]
The copyrights include "the right to create copies of the work, the right to distribute copies of the work, the right to create derivative works, and the right to public display/ performance".
One of the important cases which have cleared identical legal issues in the matter of unclaimed properties is Flint Cold Storage v Michigan Department of Treasury decided by the Court of Appeals in favor of [...]
If this is a case of common co-debtorship, D will have to sue A, B, and C jointly to claim the horse.
Chem who is a new customer to the business entered into a contract with Barkley on the belief that he is in the position of authority.
The termination of the agency is to be correctly fulfilled for the employer to protect his liability from the customers and employees; the termination process covers the following steps: mutual agreement the parties are to [...]
The major peculiarity of this problem lies in the following: the seller of the car officially disclaimed any liability for the injuries and repair costs caused by defects in the vehicle.
The matter of this case is the inability of the latter company to pay its debt to the former one. The point is that offering great conditions of employment for the beginner, Big Bucks, Inc.needs [...]
In the case of promissory estoppel, consideration has centered on the notion of exchange or bargain as a reasonable basis for the elucidation of what is meant by promissory estoppel in payment of consideration under [...]
It is important to note that Crankit was the cause of all the damages and losses incurred by the client due to the mistakes that were committed in the services that were rendered.
David has entered into a contract with Maggie that is out of his duty as conferred to him by the company.
Additionally, it has been hoped that private international law is the best means to alleviate complex issues in disputes such as those involving the use of the Internet.
The US SEC has already the needed power to have prevented what happened in the case of Mardoff and the same agency can still tap on that power to prevent similar kind of fraud in [...]
In the hospital if a nurse commits a tort the hospital will be liable for the torts committed by a nurse or a doctor in the course of employment.
In this case the old contract is discharged and there is a substitution of anew contract By vicarious performance: It is open to the parties to have their contract performed vicariously by another person, provided [...]
Additionally in a contract, the buyer's acceptance of an offer is very important in ensuring the contract becomes valid and thus binding1.
For instance, the universal agency provides the agent with a broad authority to act in place of the principal. From the case, no evidence exists to show that Hassan had been granted authority to respond [...]
There are certain major constituents governing contract laws, in terms of a valid offer by one party, and its acceptance by the other, legality of object of contract, consideration, capacity of the parties to enter [...]
This section is also significant because it describes what the parties are expected and obliged to do to meet their legal obligations.
The case study deals with the situation of inadequate provision of goods and services that occurred at the Super-Duper RC Pty LTD company and resulted in a customer's injury and subsequent harmful impacts.
The given report focuses on the investigation of bribery in the USA, forgery in the UK, and the concept of false pretenses in the United States.
The aspect of Congress regulating prices between different states throughout the US indicates the existing relationship between the Act and the Commerce Clause. In conclusion, it is prudent to note that the Civil Rights laws [...]
In conclusion, legal requirements, and steps needed to start a sole proprietorship, partnership, or corporation influence businesspersons decisions on the form of business they will set up.
It is worth noting that the issue of budget transparency about the Intelligence Community is acute, and it is impossible to unequivocally answer the question of whether it is worth supporting or rejecting the Intelligence [...]
The purpose of this paper is to discuss the advantages and disadvantages of sports betting, to compare the findings of three surveys regarding the topic, and to analyze the current situation and possible outcomes.
The concept of corporate sustainability is escalating in Saudi Arabia. The researcher will review available literature to obtain preliminary information on the law and application of corporate sustainability in Saudi Arabia.
The main legal issues to be considered during the creation or modification of a business are as follows: Agreement process and ownership External compliance or government policy and regulations Therefore, it would be important to [...]
Introduction “We are all different”. This motto has become almost ubiquitous in the modern world. However, this statement frequently gets twisted up and results in quite the contrary: discrimination. Nowadays it lies within the jurisdiction of the legal system. This paper is only devoted to the judicial procedures against discrimination at work (imagine the ordinary […]
The competition law in the UAE is overseen by the UAE Cabinet and the Ministry of Economy. A minimum of 51% of the ownership of all the companies established in the UAE must belong to [...]
In this report, the focus is to identify the key marketing law issues in the case that the management should address before rolling out the program to the market.
For this reason, the structures of businesses are termed as the foundations of how big the business will grow and expand over a certain period. Disadvantage is that one takes all the liabilities of the [...]
The argument of whether it is valid to impose obligations on violation of human rights on MNCs calls to reason the minimum caliber MNCs should maintain in their obligations towards human rights.
As a response to the charges filed the company Modern Continental pleaded guilty to the charges and was willing to pay for the damages caused due to their negligence.
The case's settlement was conducted functionally, the events of the case's disposal were organized by the court prudentially, and operations of the Court had a reasonable and balanced basis.
The family medical leave act protects the employee's positions within the organization, and makes the positions available to the employees on return from the leave, with all benefits intact.
The claims made by the CEO of Baderman Island involve a cyber tort that has culminated in online defamation Miller and Jentz.
The argument was that any executive authority is bestowed on the president of the United States and lack of control from his office of the powers to the board is in deep contravention from the [...]
According to chapter 7 of the U.S.constitution, the assets of an individual or a business unit can be liquidized to cater to the creditors.
In the first case in this case study, "the Supreme Court granted a permanent restraining order by prohibiting the taking of part of the property and denying the plaintiffs relief to the part of property".
At the Bench Trial, the Court passed a restraining order of the First part of the land but refused to provide the plaintiff with possession of the second part of the property.
In order to form a WLL Company in Kuwait, the following procedures are followed: An application is made and presented to the Director of Companies and Insurance whose office lies under the Ministry of Commerce [...]
On the top of the list in priorities is the demand for organizations to distance themselves from the conductive method of the following direction to a more focused overall development of traditional business processes.
For a customer of the law office, the goal is to return money for ball bearings and to diminish rumors of the opponent in defects having to be a reason for the trial.
X has the right of possession upon return, Y, the bailee voluntary accepts the offer of bailment, needs to take good care of the goods and have it returned to X upon completion of bailment.
The employment contract sets forth the terms and obligations of the employer's relationship with the employee. After signing the employment contract, the employee and employer are both bound under the terms of the contract.
The statement made by the car salesman at the time of transaction therefore was a misrepresentation as he said that the car was in an excellent condition but this turned out to be untrue.
Manchester Citi Council, it was reaffirmed that although the Council may have not signed and delivered the documents, whereupon the customer had signed and delivered the documents for onward transmission to the buyer, the contract [...]
Potomac Ltd will be liable for Rob's act if the court decides that the separation of legal personality of the company and the members is not to be maintained.
Unfortunately, the ruling on the property by the Supreme Court is characteristic of a regulated market. To preserve a free market and the right of property ownership, the ruling should be reviewed.
The General District Courts and J&DR Courts are parts of District courts and they are courts of limited jurisdiction. Only the Chief Judges can appoint clerks of J & DR and General District Courts.
Some states have rejected the "unreasonably dangerous" test and only require that the injured person prove that there was a defect in the design and that the defective product caused the injury.
This was a case in concern of the basic and statutory responsibilities relating to the Bank which was to be a relation to the collapse of the BCCI in 1991.
These provide regulations for the design of the facility, the infrastructure required, the size required and the specific services to be provided by the child care facility.
The article examines substantial body of case law in the UK on the interpretation of Articles 3 and 4 of the Rome Convention on the law applicable to contractual obligations which emerged in 2000.
This court granted review to consider whether the franchise tax credit violates the commerce clause, and directed the parties to address the issue of standing.
A partnership is a relationship that exists between two or more persons jointly carrying out a business with the objective of making a profit.
As a service unit of the Library of Congress, the Copyright Office is an element of the lawmaking branch of government.
Title VII of the Civil Rights Act of 1964 prohibits employment discrimination based on sex, race, religion, color, and national origin.
The private law relates to the obligations or responsibilities of people toward one another, while public law deals with the rights, which people enjoy as citizens of the society they live in.
It becomes legally obligatory on the part of both the parties to perform their part of the contract diligently and to the satisfaction of the other party.
On the other hand, the law ensures that funds are fairly and equitably allocated to the various categories of creditors."Bankruptcy today seeks the dual purpose of benefiting the debtor as well as the creditor by [...]
Governments most normally use the power of eminent domain when the attainment of real belongings is necessary for the achievement of a community scheme such as a road, and the possessor of the required property [...]
Before the UCC and the UCITA the first, and most important, of the U.S.government's attempts to promote uniformity in commercial laws from state to state, was the establishment of 'The Commerce Clause' of the U.S.
As the VP for Risk management, I would like to encourage and advise the board on the steps and measures they can introduce in the DWI Company to reduce or minimize the risk and liability.
The solution is in understanding the nature of the company. Law defines limited liability company as "a legal person with limited liability.whose statutory capital is divided into shares".'Piercing the corporate veil' is the theory that [...]
It is clear, however, that the contract involves the sale of both the cabin and the land the written terms explicitly indicate this fact.
This addresses the destruction and falsification of records, the retention period for such information, and the type of records and communication that needs to be stored.
Support of restrictions on foreign ownership of Canadian media companies is based on the affirmation that removal of limitations will make operators not to serve the interests of the public and democracy.
Furthermore, much attention was given to the fact that the management of Janssen Pharmaceuticals attempted to conceal the information about the impacts of their medications.
The shipping method is to be chosen by Seller, and Buyer will be responsible for shipping costs up to the place of the event.
As the partnership involves financial issues, it is advised to create a contract to secure the operation and have a legal basis for possible complaints.
However, at the moment it is limited by numerous regulations and laws which introduce a set of certain demands that should be given attention when trying to discharge a worker.
The implication of this is that the contract would have ordinarily remained valid until the time the plaintiff moved to have it avoided.
The fact of the car purchase is legal, and both parties agreed on the terms that are in compliance with the law.
The goal of the paper is to explore the legal aspects of following the principles of CSR in the context of Saudi Arabia and the United States.
The scandal triggered the growth of users dissatisfaction with the quality of services suggested to them and the lack of protection that resulted in the leak of information.
The decision of the House of Lords is completely based on the letter of the law. Therefore, fiduciary-based duties of a director towards their company include the requirement that the director should act in the [...]