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 Maritime Law Committee of the International Law Association held in the Hague in 1921 as revised by the Brussels Protocol of 1968, known collectively as […]
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 which is non-criminal. In this essay I will be analysing the terms civil law, their institutional functions, and their disparate connotations, before reaching a conclusion […]
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Get help with your assignmentBusiness 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 to be discussed before reaching any conclusions. Following are the related factors which clarify this issue. Firstly, it is necessary to take a look back […]
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 new invented or manufactured article according to the invented procedure for a period of limited period that is a period of 20 years in accordance […]
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 transfers or somehow agree to transfer property in the goods to buyer for money consideration, which called as the price. Mainly considering that point the […]
‘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 compelled by a court in its equitable jurisdiction to administer that property in the manner lawfully prescribed by the trust instrument… As a consequence the […]
ASPECTS OF CONTRACT AND NEGLIGENCE FOR BUSINESS Task 1: Explain the important elements in the contract? Essentially, law can be illuminated as a gathering of principles which are predominantly made by a specific state or government, as a power, is in charge of authorizing the law arranged inside its impact through utilizing different sort of assents. However discussing law we ought to have an impeccable thought regarding three fundamental ideas firstly control, interest & the last one is significance. […]
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. The members of the company are the shareholders, employee and director. Veil of incorporation will protect the members of the company by establishing a limited liability. This will protect their personal assets and wealth, and expanding the company’s venture. Undeniably, this will create a win-win situation for both the company’s […]
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 order to identify legal issues and problems which need to be solved or avoided. The relevant suggestions are provided, and other considerations which include questions […]
Legal research and citations Meaning of Research The term ‘research’ has received a number of varied meanings and explanations. In its ordinary sense, the term refers to a search for knowledge. The Advanced Learner’s Dictionary of Current English spells out the meaning of ‘research’ as ‘a careful investigation or inquiry specifically through search for new facts in any branch of knowledge’. According to the Webster’s International Dictionary, ‘research’ is ‘a careful, critical inquiry or explanation in seeking facts or principles; […]
Introduction The case took in concern here as the topic of discussion and evaluation of a historic case of controversy. The case was in the Queen’s Bench addressing the undisclosed liability of a business corporation conducts and hence files against the violation of the commercial law in United Kingdom. The case was hence in brief the linked with the dormant partner hiding the involvement of a third party liable for acts within the authority of the other partner. So many […]
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 Power and liability to represent in suits …………………….……………………….……7 Power and liability to acknowledge debts…………………….……………….…….…….8 Powers to contract debts for family purpose…………………….…………………….……8 Power of Arbitration…………………….………………………………….………………8 Power […]
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 Interior did work on site but a dispute arose with Romaldi Constructions in relation to the quality of the work. Adelaide Interior left the site […]
“A single regulator presents opportunities for developing a rational and coherent regulatory system… Thus, in anticipation of the reforming legislation, the FSA is establishing, under a unified management structure, a single regulatory regime covering the full range of its regulatory functions including: “one-stop” authorisation for the full range of financial businesses, one rule book and one system of monitoring, investigation and discipline. Single complaints handling and Ombudsman system is also being set up as well as a single Financial Services […]
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 […]
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 it used to be acceptable for a level of trust and a personal relationship to be enough for security for a bank, these days the […]
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). On the assumption that there is indeed a general liability on the part of principals for the tortious acts of their agents, it is necessary […]
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 is a legal term describing a violation where one person causes damage, injury, or harm to another person. The violation may result from intentional actions, […]
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 limited liability.The establishment of a business has many factors involved as well as legal responsibilities that the owner has to adhere to. This report will […]
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 keer een ja verklaart de ambtenaar dat het huwelijkskoppel door de echt aan elkaar zijn verbonden. Het huwelijk is een feit. Toch kan tegenspoed, in […]
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 of claims and contract clauses quoted in claims by studying high-rise apartment building and institutional buildings. Construction contract determines the basis for the relationship between […]
