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The duties of an agent depend primarily on the contract of agency if there is one. Subject to any such express terms, the agent owes a number of implied duties or obligations to his principal. It is the agency relationship as such that gives rise …
According to section 2(a) of Indian Contract Act states that, “every promise on every set of promises forming the consideration for each other an agreement. An agreement is a form of cross reference between different parties, which may be written, oral and lies upon the …
Question 1(i) Phing, 17 years old daughter of a wealthy businessman is currently studying at a University College at Kelana Jaya. She bought a luxury car Audi R8 worth RM 900,000. The car has now been delivered but she is unable to payfor it. Firstly, …
Chris Godkin D. Maggard English 1113, 323 19, September 2012 My Mother Never Worked In the story “My Mother Never Worked,” Bonnie Smith-Yackel recalls the time she contacted the Social Security service about her mother’s death benefits. At that time, Bonnie was put on hold …
Introduction The Sale of Goods Act 1957 (Revised 1989) is the statute applicable to sale of goods in Peninsular Malaysia. For Sabah and Sarawak, the law of sale of goods is governed by Section 5(2) of the Civil Law Act 1956. It provides that: „The …
A mistake is inadvertent and only an error on the part of the person committing it while misrepresentation is often wilful or intentional, done with the intention of gaining wrongfully. The main difference between Mistake and Misrepresentation is that in the case of Mistake one …
An investigation to find the water potential of potato and carrot tubers in a sucrose solution, of concentration 0. 00 – 0. 50Mol, over a 24 hour period Interpretation Written Communication C1 From our graph it can be seen that the concentration of sucrose solution …
Before discussing the role of the quantity surveyor, it’s very important to get an idea about the built environment where the quantity surveyor works. Simply the built environment means human made buildings, cities, roads and surroundings etc.. that could provide an environment for their activities. …
In the case of Ebrahimi v Westbourne Galleries Ltd, the House of Lords considered passing off or a winding-up order on ‘just and equitable’ ground under section 222 of the Companies Act 1948 which section carried the statute before the introduction of section 122 of …
This section of the website provides access to all cases summarised in the Partnership Law Updates which have been issued since January 2000 to date. Therefore this Archive operates as a guide to some of the interesting partnership cases decided in common law jurisdictions in …
Universalism vs. Particularism is a concept forwarded by Fons Trompenaars, a Dutch author. Basically, this dimension asks if which is more important to you, rules or relationships. The Universalist, or rule-based, approach is roughly: “What is good and right can be defined and ALWAYS applies. …
DATE:June 12, 2012 TO:Mr. Plex, Owner, Royal 16 Theater FROM: Team 8 RE:Analysis of Liability for Fraud Based off of your request, we have completed an analysis concerning Royal 16 Theater’s liability for fraud assumed by the customer, Tommy. Please contact us if any additional …
Assignment 2 (a)Outline the main forms of flexibility as defined in Atkinson’s (1984) model of the flexible firm (b) What are some of the strengths and weaknesses of the Atkinson model? ANSWER PLAN: ?Introduction/Background oWhat are the aims of flexibility oGuest (1987) de-centralisation helps to …
The Siemens bribery scandal brought to light a strategic dilemma facing multi-national firms attempting to gain a competitive edge by operating abroad; specifically, how can they balance adherence to their own ethical and legal standards with the customs required to do business efficiently, or perhaps …
Acknowledgment I would take this opportunity to thank the people who helped me in making this project which has been a learning experience. In that endeavor, first and foremost I would express my gratitude toward my professor of Law of Torts Ms. Manjula Batra. Her …
Was the chairman of the US company wrong for not having found out In advance about Japanese business practice? Not seek information Yes it was wrong for not having found out in advance about Japanese business practice. The tomato market In US has not been …
Discount and Hawkins Case Case Synopsis The subject matter of the case is presented as a negotiation between a real estate developer, Hawkins, and a possible anchor tenant, Discount Marketplace. Both parties are represented by professional negotiators: Myra Hart is representing the Hawkins Company and …
Whereas Savings and his followers invoke history in the name of tradition, custom and nation against the belief n conscious and rational law making, the second movement, which one might call philosophical histories, develops a definite legal philosophy from the evolution of history. The exponents …
An acceptance must be communicated for it to be effective and valid. The mental assent of both parties is not required but the external manifestation should exist. The acceptor must dos something in order to notify his acceptance. For example, he should communicate his acceptance …
Understanding Employment Responsibilities and Rights in Health Social Care or Children’s and Young People’s Settings Know the statutory responsibilities and rights of employees and employers within own area of work List the aspects of employment covered by law. Almost every aspect of employment is covered …
INTRODUCTION Background to the Study The notion of professionalism is based upon a practitioner in whatever vocational field to serve not only his client but also the society at large. This implies the need to maintain a high degree of ethical responsibility and conduct, because …
Sam is a successful second-hand dealer. He decides to reward his staff buys buying a fridge and a microwave oven for their use. He wants to enter into a hire purchase agreement to help him finance the two goods. Advise Sam whether these goods will …
In the hustle and bustle of the Christmas season, retailers stock their inventory with dozens of Christmas items in anticipation of the holiday rush. When Christmas has passed, the store is left with Christmas items that did not sell. To make room for the next …
Contracts (C3, pg 58) Nature of contract – Legal relationship consisting of the right and promises constituting an agreement between the parties that give each party a legal duty to the other and also the right to seek for breach of those duties. Consensus ad …
Recently, Danny Davidson sold a family home to his friends Paul and Priscilla Peterson whereby entering into a $250,000 verbal agreement for the purchase of new home. However, Danny neglected to tell Paul and Priscilla about Ned the neighbor and the emerging dispute pertaining to …
The issue is whether the transfer of house is acceptable and valid under Sec 26 of CA 1950. The law applicable are Sec 26 of CA has stated that agreement made without consideration is void. According to Sec 2(d) of CA, consideration is an act …
Explain the reasons for the adoption of a new calendar in revolutionary France and analyze reactions to it in the period 1789 to 1806. The adoption of the revolutionary calendar to replace the Gregorian calendar took place on November 24, 1793 by the National Convention. …
Executive Summary BAT is a technology that sells financial software to individuals and organizations. BAT’s success had attracted a number of competitors. BAT differentiated itself by committing to free tech support for the life of the product. BAT started its call center operations in 1987 …
REMEDIES • method by which an injured party enforces a right or corrects a loss. It will depend on the nature of breach and the result will be differ between parties. The remedies available for breach of contract are: 1) RESCISSION • An equitable remedy …
A misrepresentation is distinct from a statement of opinion which may render a valid contract void or voidable. There is a difference between innocent, negligent and fraudulent misrepresentations. An innocent misrepresentation would affect a contract. A negligent misrepresentation may result in liability for negligence; whereas, …
Ratification
Ratifying a contract is the act of approving the terms and conditions that are being spelled out in the document. For example, if you go on vacation and provide permission to an employee to sign a contract on your behalf, you may be then asked to ratify it.
Assignment
An assignment of contract occurs when one party to an existing contract (the "assignor") hands off the contract's obligations and benefits to another party (the "assignee"). Ideally, the assignor wants the assignee to step into his shoes and assume all of his contractual obligations and rights.
Contract law cases
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