LIRATTURE REVIEW Literature Review on contractual issues arising claims Avoiding construction claims and disputes requires understanding of the contractual terms, early no adversarial communication, and understanding of causes of claims.(Cheryl Semple, Francis T. Hartman, and George Jergeas) identify some of the critical element in construction contract, and investigates the causes of claims, categories of compensation […]
Als mensen elkaar het ja-woord geven is dat in principe een verbintenis voor het leven. De trouwbelofte zegt het ook. “Verklaart u… aan te nemen tot uw wettige echtgenoot …en belooft u getrouw alle plichten te zullen vervullen, die door de Wet aan de huwelijkse staat worden verbonden? Wat is daarop uw antwoord?” Na twee […]
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A Report on Establishing a Company and Recommendations for Someone Starting an Engine Company Introduction Homer wants to open a small business as he designs and builds V-engines for other companies andhas recently leased a large warehouse with offices. He is not sure whether to run his business as a sole trader or to obtain […]
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 […]
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 […]
Assignment 2 of 2 Aspects of Contract and Negligence for Business Ingrida Miseviciute Table of Contents Task 1 (AC3.1)1 Task 2 (AC3.2)2 Task 3 (AC3.3)3 Task 4 (AC4.1)4 Task 5 (AC4.2)5 References6 LO 3 Understand principles of liability in negligence in business activities Task 1 (AC 3.1) Liability in Tort Contractual liability Definition: A tort […]
Vicarious liability in the context of the principal-agent relationship means an imposition of responsibility on the principal on the acts of the agent. This form of liability finds its basis on the common agency law principle of respondeat superior Aor “let the master answer,” imputing the actions of the servant agent) on the master (principal). […]
In order to support a borrowing request, the directors of a limited company may offer to provide personal guarantees. What issues should you be aware of when taking these guarantees and how would you address any concerns? The support for guarantees provided by directors has changed a lot since the early days of banking. Whilst […]
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 […]
Question 1 Adelaide Interior Linings Pty Ltd v Romaldi Constructions Pty Ltd Very briefly outline the facts of each case including the contractual provisions under scrutiny (10 marks); Romaldi Constructions entered into a construction subcontract with Adelaide Interior Linings for the installation of lining at a college which was being constructed by Romaldi Constructions. Adelaide […]
An agency agreement is a tripartite agreement between a principal, agent and third party Table of Contents Introduction Background of agency The three relationship Types of authority Fenwick Facts Opinion of the Watteau Controversy of the case Further case law Conclusion References Introduction The case took in concern here as the topic of discussion and […]
Contents Introduction…………………………………………………………….……………………3 People eligible to be Karta……………………………………………………………………3 Minor as Karta..…………………….………………………………….…………………3 Father as Karta…………………….………………………………….………………….4 Female as Karta before and post 2005……………………………………………………….4 Responsibilities of the Karta…………………….…………………………..……………….4 Powers and Liabilities of the Karta…………………….………………………………….…5 Power to manage family affairs ..…………………….…………………………..….……5 Powers to receive and use family income…………………….……………………….……5 Power to manage joint family business……………………………….…………….……..6 Power to Alienate…………………….………………………………….………….……..6 Liabilities of account…………………….………………………………….……….…….7 […]
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 […]
Veil of Incorporation The veil of incorporation means there is a separate personality between the members and the company. Thus, protecting them from being personal liable for the company’s debt and other obligations. (Reference) The members of the company are the shareholders, employee and director. Veil of incorporation will protect the members of the company […]
INTRODUCTION A trust is an equitable obligation, binding a person (called a trustee) to deal with property owned by him (called trust property, being distinguished from his private property) for the benefit of persons (called beneficiaries or, in old cases, cestuis que trust), of whom he may himself be one, and any one of whom […]
MEMORANDUM From: (Associates) To: (Partner) Re: Betty Bennett’s Trust Deed Date: January 09, 2013 I. INTRODUCTION The memorandum is prepared for the meeting with Betty Bennett, a client who intends to set up a trust for the welfare of her grandchildren. In the following analysis, each provision in the proposed trust deed is discussed in […]
Introduction to Information Technology Law Table of Contents Introduction The Dispute – Copyright infringement Definition of Fair Use What Did the Court Decide, and Why? Introduction Google’s Library Project, a solution launched in 2004 allowing users to find relevant books easier. This project is also known as Google Book Search. In this project, Google partnered […]
OUTLINE OF THE LAW OF CONTRACT A contract is simply an agreement between two parties which is enforceable at law. In order for an agreement to be legally valid there must be an offer, acceptance (unqualified) and consideration. INTENTION TO CREATE LEGAL RELATIONS In commercial agreements it is normally presumed that the partied intended to […]
This problem scenario is clearly referred to sale of goods act 1979 and unfair contract terms act 1977. The given three questions have been analyzed accordingly in separate three paragraphs. In the sale of goods act section 2 (1) it defines that what contract of sale of goods is as a contract whereby the seller […]
1 Question 1 Yes, Barack is liable to Theo-Paul under the tort of negligence. The negligence part of tort law involves unintentional harm caused by one’s carelessness. Proving negligence entitles the injured plaintiff to being compensation for the injury to their body, property, emotions, financial status, intimate relationships or reputation. One must prove the resulting […]
‘It is simply not possible to formulate a single, simplified definition of ‘a trust.’ “The word ‘Trust’ refers to a duty or aggregate accumulation of obligations that rests upon a person as a person described as a trustee. The responsibilities are in relation to property held by him or under his control. He will be […]
Business Law Assignment 1. Australia’s legal system is based on the English legal system.” To what extend is this statement correct? Discuss. It is widely known that Australia continent has been settled by Great Britain from the late 18th century. However, the English legislation system is the foundation of Australia law that is still needed […]
192596 Title: Captain Ahab died in 2005. His will included, inter alia, the following two gifts to the ‘Midlands Whale Watching Club’: a) ‘My house, Moby Villa, to be used as a headquarters for the Club; and b) A£160,000, to enable members to go on trips to watch whales in Antarctica.’ The Midlands Whale Watching […]
PREREQUISITE FOR COMPREHENSIVE REVELATIONS IN BIOTECHNOLOGY PATENT APPLICATION INTRODUCTION A patent is a monopoly right that has been granted to a person who has invented a new and useful article; or an improvement to an existing one or a new process of making an article. The patent consists of an exclusive right to manufacture the […]
Part A: Butcher Ltd & KRY Ltd The contract of affreightment is evidenced by the bill of lading where, as here, the goods to be carried only form part of the total cargo. The liability of the carrier under the bill of lading is now subject to a combination of the rules introduced by the […]
In contemporary political and legal beliefs, the term civil law indissolubly provides perplexing connotations. Many harbingers ostensibly understand the term civil law as a substantive area of law which preluded in the times of Ancient Rome. Conversely, individual’s familiar and residing in common law jurisdiction understand civil law to be a private area of law […]
Task 5: (a) Explain requirements of memorandum of association. A memorandum is a simple document which states that the subscribers wish to form a company and become members of it. The memorandum of association was an extremely important document containing information concerning the relationship between the company before the Companies Act 2006 and the outside […]
Chapter 2 2.0 Decision making organs A company has 2 primary organs, the members in general meeting and the directorate. A company is not considered to be sovereign but has a limited competence only. Within these limits, the Supreme rule is making authority rests with a general meeting of the members1 and the constitution may […]
ADVANTAGES OF S. 176, WHO BENEFITS AND CASELAWS. INTRODUCTION As a general outline, S. 176 of Companies Act 1965[1] deals with schemes of arrangement of companies facing financial difficulties or in the case of companies at the brink of winding-up. What is, “Schemes of Arrangement”, and how do these schemes assist or facilitate the companies […]
