Business Law Table of Contents Case 1 – Invitation to Treat Case 2 – Postal Rule Case 3 – Undue Influence Case 4 – Frustration Reference Case 1 – Invitation to Treat On the 7th of June 2013, Paul went to Midvalley Megamall to buy some gifts for the upcoming birthday’s party of his friend Wayne. Paul saw an expensive Sony smart watch on display took it and while walking to the cashier counter, saw another watch, Samsung and was […]
Introduction All contracts are agreements but not all agreements are contracts. A contract is a binding agreement between two or more individuals that is enforceable by law. The Law of Contract in Malaysia is governed by the Contracts Act 1950. Section 2(h)[1] states that an agreement enforceable by law is a contract. Offer and acceptance analysis are the traditional approaches used in contract law to determine whether an agreement exist between two parties. The others are consideration and intention to […]
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Get help with your assigmentIncorporating the Law Merchant Into Common Law Analysis the significant developments in the evolution of UK Business Law in the period between 1600 and 1900. Explaining how these developments impact upon the current operation of UK Business Law. In the 1600’s a major development of business law was the incorporation of merchant law into the UK system. Before merchant Law was properly incorporated in the UK, it operated in the court of Admiralty which had been strengthened by a statute […]
International Trade Law International Trade Law for Business (a) In looking to critically discuss the view “the bill of lading is the essential document in the international contract of sale has no other document performs the functions of the bill of lading” the bill of lading is considered the most important document because it is recognised by law as the symbol of the goods described in it to guard against the risk of non-delivery by the ship-owner, the CIF (‘cost, […]
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Business innovation and entrepreneurship FIELD FRESH GROCERY AND FRUIT Q- a Ans-Field fresh is a fruit and grocery store which is located in a Taukau. The director of field fresh is Miss. Raj winder kaur. Its annual turnover is exceeding 2 $ million. Q-b Ans-Field fresh is a local store and farmers market and conventional supermarket. It provides affordable fresh eating products. Our store provides everything under one store in cheap price so that everyone loves to shop […]
The above problem question requires examination of several legal issues ranging from formation of contracts to questions of jurisdiction and international contract terms. The facts can be simplified as follows: Dear John Plc sells goods, in this case filters, to Vera Rose Pty Ltd. Having purchased the filters Vera Rose, a company which specialises in reselling mining equipment, enters into a contract to sell them to Venture Devils Inc. One of the first issues which strike the reader is the […]
This report is about the history of Clive peeters foundation to its collapse. It has been examined under various accounting methods like, analysis credit history and various types of ratio analysis based on financial statement from 2006 to 2009. This presentation has been included the compare and contrast with some other companies. Basically, highlighted on the causes of collapse, current status of company like, Voluntary administration, receivership, liquidation. The major findings point out that the company had serious defects in […]
The purpose of this report was to discuss the reasons behind the collapse of Clive peeters limited, one of the leading electronic appliances sellers in Australia and examine these reasons to reach an ultimate conclusion on the future of this company. Research for this report was based mostly on this company’s annual report for financial years 2006-2009, calculating various debt ratios and web based researches done on Clive Peeters Limited collapse done by experienced academics. The major findings indicate that […]
The basic concept of an agency is concerned about the relationship between one person, the principal and another, the agent where a principal entrusts the business to an agent and allows the agent to act on behalf of the principal in dealing with third parties according to Section 135, Contracts Act 1950. For example, Sabrina instructs Ivan to purchase some goods on her behalf, Sabrina is the principal while Ivan is her agent. Therefore, the agent is granted the authority […]
Assignment On Corporate Laws Introduction The Australian law[1] does discourage directors from being involved in situations of conflict between their personal interest and the interest to act for the benefit of the company which otherwise the directors will not act in the best interest of the company. In this analysis the general law and statutory principles which prohibit the directors from being involved into the situations of conflict of interests will be analysed. General Law The general law conflict rule […]
Legal Issue: Is Jehni able to legally force Jek to sell the charger at $25. Relevant Rules of Law: 1. Contract is an agreement giving rise to obligations which are enforced or recognised at law. What the parties agree on must be clear and unambiguous. In order for a contract to be legally binding, four key elements must be present which are namely, offer, acceptance, consideration and intention to create legal relations. 2. Offer is an expression made by one […]
Discuss, with reference to court judgements, the extent to which “communication” in the law of contract is a vital component of both an offer and an acceptance. It is well established in contract law, that an offer and acceptance are prerequisites in the formation of a valid contract. There must also be intention to create legal relations and consideration given. For the purposes of this essay however the focus is on the offer and acceptance components of a contract. Case […]
Question (a): Introduction Contract is an agreement that leads to legally binding and legally enforceable between both parties, as stated by (Latimer, pg275). It is crucial to understand the meaning of “contracts”, without an agreement which legally binds and enforced, there would be no business. In Malaysia, there is contract law in a statute, the Contracts Act, 1950. There are several elements of forming contract, which are offer, acceptance, the intentions to create legal relations, consideration, capacity and certainty. Capacity […]
Introduction In this case between Tara Quinn and her employer Park publications Ltd, Tara is considering resigning and claiming constructive dismissal on the grounds that she believes she is being unfairly treated because she refuses to make changes to her employment contract after they took over the company twelve months before. She recently received a final written warning after missing a deadline and believes the company is trying to work her out of the business unless she concedes It is […]
This is the foundational case and precedence for the doctrine of corporate personality and the judicial guide to lifting the corporate veil. The doctrine of separate legal entity was originated from this case. The House of Lords in the Salomon case affirmed the legal principle that, upon incorporation, a company is generally considered to be a new legal entity separate from its shareholders. The court did this in relation to what was essentially a one person Company. A company registered under […]
The Law of Agency is an area of commercial law that deals with fiducial relationship between a person (principal) according authorities, implicitly or expressly, to another person (agent) to act on his behalf to create a legal relations with a third party. The relationship between an agent and a principal maybe contractual, non-contractual or quasi-contractual depending on the job description or service offered (Davant, 2002). The principal is thus bound by the contract agreement between him and the agent as […]
CL510 Assignment 2. Semester 2 May 2010 Student name: Victoria Lenchik Student ID: 700160 Question A 1) When there is a breach of contract the breaching party is liable for the damages. “The buyer’s rights include the right to reject the goods in some circumstances, the right to recover the price if already paid for total failure of consideration, damages for breach of warranty, damages for non-delivery, and an action to recover the goods and obtain consequential damages. (Understanding Commercial […]
The Bank for International Settlements (BIS) is the institutional home of the Basel Committee on Banking Supervision. Headquartered in Basel, Switzerland, the organization’s mandates are to promote international monetary and financial cooperation and serve as a bank for central banks. The BIS also houses the secretariats of several committees and organizations focusing on the international financial system, including the Basel Committee, although these entities are not formally a part of the BIS. BIS membership currently totals 55 central banks. The […]
Question One It has become clear that the issue at hand relates to shareholders’ rights. It has been established in evidence that the Table A Articles of Association provide for two classes of shares: ordinary and preference. Ordinary shares are exactly what their name suggests, they carry with them all the rights and responsibilities of a regular shareholder of the company. The issue reaches frustration point when one considers the rights of those who hold preference shares, however. The Articles […]
In the past a Memorandum of Association was seen as vital in providing information relating to the external affairs of a company. The importance of this document diminished over time with legal developments. Its worth will be limited further in consequence of the Companies Act 2006 content. Discuss the accuracy of the above statement and analyse why the importance of the Memorandum of Association has diminished. The most comprehensive review of British company law ever to have been made began […]
123528 Structure: Issues, Legal rules and application Title 1) Business Angels Issues The Business Angels (“the Company”) is a new business and therefore the shares of the company would not be easily marketable. This limits the ways the funds for the venture can be raised. The Debt could be secured by a Debenture by giving either fixed or floating charge or both on the Company’s assets. The debt secured on director’s home. This could be a problem […]
Answer 1 Liability of Mr and Mrs Lee in this case At the time when loan ws taken by their son and Lim, when guarantee was entered parents Mr Lee and Mrs Lee were old, did not understand English well and had received no independent advice. Banks under the provisions of ACL cannot seek to enforce guarantee agains parents, as their liability is limited in view of the above facts and normally family gives the guarantee. Therefore though consented in […]
THE DOCTRINE OF UNCONSCIONABILITY: IS IT APPROPRIATE FOR IT TO BECOME THE UNDERLYING PRINCIPLE FOR A CLAIM OF VOIDABLE CONTRACTS ON THE GROUNDS OF UNDUE INFLUENCE? Table of Contents 1.0 Introduction A voidable contract is one that gives the aggrieved party the right to choose whether or not to proceed or terminate its performance. Thus, voidable contracts shall have the meaning allocated to it as per section 2(i) of the Act. To analyze the similarities and differences between the […]
Walton Construction (Qld) Pty Ltd v Venture Management Resources International Pty Ltd Walton Construction Pty Ltd (Walton) entered into a building contract with Venture Management Resources International Pty Ltd (VMR) for completion of works. Walton provided VMR with an unconditional bank guarantee as security to cover its financial commitment under the contract. Walton submitted a progress payment claim toVMR and in response, the Superintendent from VMR issued a progress certificate certifying that payment was to be madeto Walton as per […]
Invitation to Treat Invitation to treat is a contract law term. However, it is not an offer. It is merely an invitation to others to make offers. It is a sort of preliminary negotiation to buy something and it follows that an invitation to treat cannot be accepted and there is no commitment to sell or offer which could be accepted. The court will always look at the language used or the inferred intention of the parties when deciding between […]
2A) Fact and issues Entertainment Sdn Bhd rented the Very Lucky plaza hall for the pageant for RM500,000 and they also paid the deposit of RM100,000.The hall was old and dilapidated so Wan asked to touch up the places and it cost Very Lucky RM 50,000.However, a faulty wiring caused fire and burn down The Very Luck Hall. Entertainment is asking to refund the deposit but The Very Lucky Hall refused it and if fact they are asking to pay […]
INTRODUCTION In construction environment, payments was defined as the value of works, materials or goods comprised in a contract as in Royden (M) Sdn Bhd v Syarikat Pembenaan Yeoh Tiong Lay Sdn Bhd[1]. In a simple words, payment can be a consideration in terms of money for works that Contractor had carried out and material delivered to site accordance to the contract. Contractually it can be said that the money must be paid by Employer promptly of fully unless there […]
Ethics in The Modern Business World INDEX: Page 1: front page Page 2: index Page 3: introduction Page 4: internal controls Page 5: internal control systems Page 6: conclusion Page 7: bibliography Leisure Net In October 2000 the company Leisure Net, lifestyle and health Fitness Company, was provisionally liquidated, having been listed only five years earlier on the JSE. Today Leisure Net has passed its infamous scandal and is being currently run by directors; Mike Hill and David Monkhous. Peter […]
Under the Roman law of obligations, there were four forms of contract: consensual contracts, verbal contracts, contracts re and contracts litteris. Furthermore, there were three forms of verbal contract: dotis diction (concerning arrangements for dowry prior to marriage), iusiurandum liberti (the oath of service made by a freedman immediately after his manumission), and stipulatio. This third form of verbal contract is regarded as the most important of the three due to the breadth of situations in which it was used. […]
