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Marriage & Divorce

BUSINESS LAW PROJECT TOPIC: MARRIAGE AND DIVORCE Prepared BY: Sanjana shah(107) Sadhvi jaggi(111) Siddharth bagri(115) Souren bhulchandani(116) Simone contractor(117) Introduction In India there are different divorce laws for different religions and it is absolutely imperative to understand that all these religions have their own divorce laws in India which are used amongs themselves with separate laws for inter-cast or inter-religion marriages. The list of various divorce laws in India for various religions: 1. Hindu (including Sikhs, Jains and Buddists) : […]

Commercial Law

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 […]

Today’s Postal Rule Application

It is usually said that not only the offer be accepted, but the acceptance must be communicated to the offeror. Where the parties are negotiating face to face, this present no problem since the acts or words which manifest acceptance will also communicate it. Where the parties are negotiating at a distance by post, telephone, telegram, telex, fax or messenger the principle obviously has important applications. (Dudgale, 1992) However in the case of postal acceptance, perhaps numerically the most common […]

Questions on Articles by Christopher D. Stone and Work by Milton Friedman

1. What criticisms does Friedman raise against business managers who engage in “socially responsible” practices? Explain. Friedman criticizes business managers who engage in socially responsible behavior by using the argument that there is a different set of criteria for social responsible behavior of a person, who happens to be a corporate executive (businessman) versus that same person acting as an individual in a free-society. A business manager’s main responsibility is to maximize the profit of the corporation. When that person […]

Stars Program

College courses can be very expensive and time consuming for students. A student budget can be very tight. The Statewide transfer and Articulation Reporting System know as STARS can be very helpful. The articulation agreement between colleges and universities are guaranteed to help students. The system is easy and every course is transferrable. STARS can save time, money, and unnecessary course repetition. The STARS system can help save time by reducing a student course load. You will be able to […]

Mutual Trust and Confidence in Contracts of Employment

Mutual Trust and Confidence in Contracts of Employment In order to answer this question one must first assess and consider the law relating to the implied duty of mutual trust and confidence in contracts of employment. This concept will need to be examined in accordance with case law and current working practices. The idea of mutual trust and confidence is regarded as an implied term that is placed into the contract of employment. It is worth noting that other implied […]

Property Law Assignment

Property Law Assignment Part 1 In this scenario, Raj has allowed his sister-in-law, Joyce, to live in his property. The question is whether Joyce enjoys the rights of a tenant, or if she is actually a mere licensee. There is, in English property law, a crucial distinction between the tenant and the licensee; the former enjoying significantly greater and more secure rights than the latter. It is often not, however, a clear cut distinction. In the present case, the terms […]

Modern Perspective on Contractual Obligation

Empirical studies of contracting behaviour consistently demonstrate that commercial contracting parties care little for written contracts or the rules of contract law. Should the law of contract manifest any concern over this? If not, why not, and if so, how should the rules of contract law be amended to better reflect commercial practice? The overwhelming majority of contracts are transacted in an informal setting. Such contracts are either made by word of mouth, or even by a party’s conduct. Whilst […]

Krell V Henry and Herne Bay Stream V Hutton

To what extent would you describe the reasoning in Krell v Henry [1903] 2KB 740 and Herne Bay Steam Boat Company v Hutton [1903] 2 KB 683 as either compatible or incompatible?Date authored: 23 rd July, 2014. On the 9th August 1902, the coronation of King Edward VII and Queen Alexandria took place. However, the festivities were originally planned for the 26th June of that year, having been postponed due to the King falling ill with an abdominal abscess. This […]

Midlothian Housing Accommodation

Chapter 4.0 – Midlothian A Case Study Having looked at the development of partnering philosophies, potential benefits, challenges, and overall aims of partnering in Chapter 2.0, this chapter will focus on the actual implementation of partnering arrangements in the UK public sector. It does this by describing the approach and the process undertaken by Midlothian Council in setting up the current New Housing Construction Partnership (MNHCP). It goes on to explain how Midlothian have addressed Rethinking Construction challenge and implemented […]

Trade Law Problem Question Answer

Section – 9 (Fair Trading Act of 1986) applies to a given truth circumstance. Act to preclude certain behavior and practices in exchange, to accommodate the revelation of customer data identifying with the supply of products and administrations and to push item wellbeing. Segment 13 – make a false or deceiving representation that merchandise are of a specific kind, standard, quality, grade, amount, creation, style, or show, or have had a specific history or specific past utilization; or Segment […]

The Operation Of, and Justifications For, the Postal Rule

TABLE OF CONTANTS NO. CONTENTS PAGES 1 INTRODUCTION 2 2 DEFINITION 2 3 QUESTION: What reasons have been given by the courts for the postal acceptance rule? and in what circumstances will the postal acceptance rules not operate? 3 4 RELEVENT CASE 6 5 CONCLUSION 7 6 REFERANCES 8 INTRODUCTION An acceptance agreement strengthens a time draft by putting the acceptor under contractual obligation to pay. International trade is facilitated by banks enacting banker’s acceptances, thereby guaranteeing the payment for […]

The Postal Acceptance Rule

1.0 POSTAL ACCEPTANCE RULE The postal rule is first created in Adam v Lindsell 1818. The court had to decide the contract formation period by mail. Two parties will communicate by post which the acceptance time could not be determined. This is because that mailing often last for few days and both parties could not aware of the communication at the same time. This caused lots of problems and led to the creation of postal rule to help the problem […]

The Romalpa Case: Signpost or Diversion?

The Romalpa Case: Signpost or Diversion? The supply of goods on credit is a commercial commonplace. Foreseeable difficulties will however arise where the buyer withholds payment or, more seriously, is unable to make payment due to solvency difficulties. The difficulty when a company is forced into liquidation or an individual into bankruptcy was summarised by Templeman LJ[1]: “…unsecured creditors rank after preferential creditors, mortgagees and the holders of floating charges and they receive a raw deal.” It is therefore prudent […]

The Language of Law – an Interpretation

Language of Law – Interpretation Continues Abstract The paper is a nitty gritty investigation of ambiguities that emerge in the interpretation of legal language. It first discusses equivocalness that exists in English language and afterward happens to examine how the vagueness in language brings about making the law equivocal. Different illustrations and case laws have been utilized to clarify how the language makes the law uncertain. It then examines the requirement for evacuation of such equivocalness and talks about how […]

The Law on European Construction Projects

Project Outline For the purpose of this assignment, the company that I have chosen will be preparing to buy a piece of land in the north of France and build houses upon it. The land already bares a barn and is from a private owner. The processes to buy, plan and develop the project will be described and compared to the system adopted by the UK. The intension is to sell the property for profit. The limited company is a […]

The Law on Exclusion Clauses

Critically examine how the law on exclusion clauses in contract has developed and the key issues of legal policy to which the present law gives rise. ANSWER Introduction An exclusion (or exemption) clause is a term in a contract that purports to exempt or limit the liability of a party to the contract or to restrict the rights of a party to the contract.[1] Exclusion clauses are commonplace. They may be incorporated in standard form contracts or in standard terms […]

The Legal Obligations of Parties in Various Business Transactions

Introduction Law provides the framework for the regulation of business relationships and hence is imperative for any business activity forming an important part of business environment. In the given assessment the interplay of law and business has been is depicted while analyzing the legal obligations of parties in various business transactions. Task 1 Sole trading Sole trading is where a person starts his personal business without any collaboration with others. Fewlegal formalities to operate the business in sole trading and […]

The Legal Status of a Company under the Law

In the background of the statement referred in the task 1(a). Discuss the legal status of a company under the law. Your answer should include a discussion on relevant cases Corporate personality refers to the fact that as far as the law is concerned, a company really exists. Consequently a corporation can easily prosecute and become sued throughout a unique label, maintain a unique property as well as crucially be responsible for a unique debts. It really is this particular […]

The Legal Framework

Introduction An offer An invitation to treat A counter – offer According to Un Convention on contracts for the International Sale of Goods applies, explanation for the rights and liabilities of the parties that involved Contract is an agreement of a two parties especially once it is written its enforced law. An agreement refers to a “meeting of the minds”. There is no magic language necessary to inform an agreement. However, there is an offer must be made by a […]

The Expansion of a Business: a Law Problem Question

Expansion of Acme Fireworks Introduction There is a great deal to reflect on during an expansion of a business. How will you construct, market, and dispense your goods. Are you eager to assume full accountability for your goods and indulgent in the legalities of what occurs if your goods are faulty? Just the once that has been instituted, it’s significant to make certain that your dealings of business are in order. The power of the contract and what all it […]

The Functions of Law

Functions of Law Table of Contents The Law Concept of Functions of Law Kinds of Law to Carry Different Functions Advantages of Law Functions of Law in different perspectives Contract law Functions of Contracts Indemnity Contract Indemnity Holder Guarantee Bailment Agency Bibliography The Law The law defines the principles people live in a society. Through which we have balance in not only our society but also in our lives. Law gives the indication of what is right by making that […]

The Doctrine of Successor Liability and the Drift Towards the Assumption of Liability

Doctrine of Successor Liability: Tracing the drift from the `Traditional non-liability rule’ to `assumption of liability’ through judicial precedents AbstractTraditional corporate law has been applied over the years to deal with the liabilities arisen after one company’s acquires another company The general rule says that an acquiring corporation doesn’t assume any liabilities of the predecessor corporation. The courts over the years have evolved this traditional stance and laid down exceptions, making the successor corporations assume such liabilities. This paper has […]

The Doctrine of Ultra Vires under Malaysian Company Law

According to s18 Contract Act 1965, every company formed should have a memorandum printed and divided into paragraph and with the date stated. In s18 (b) Contract Act 1965, it shows that the requirement of the Memorandum of Association (M/A) required a statement of object clause. The object clause can be used to describe the nature of the business such as manufacturing business, merchandising business or service business. Besides, it also show the company power, its purpose and the legal […]

Statutory Provisions: Unfair Dismissal

To what extent do the statutory provisions governing unfair dismissal provide an effective right not to be unfairly dismissed? When looking at the statutory provisions that are aimed at preventing unfair dismissal it is necessary to firstly define what would be classed as unfair dismissal and then to examine the various statutes and regulations that have been implemented to try to prevent employers from unfairly dismissing an employee. Having established all of these it is then possible to examine the […]

The Carriage of Goods by Sea Act: a Case Study

>Introduction The law relating to the carriage of goods by sea is significantly difficult to master. In general terms, it often involves overlapping jurisdictions, which can make it difficult to ascertain the governing law of the contract, unless the law has been expressly agreed by the parties to the contract. In this case, it is clear that the Hague-Visby Rules apply, given their express designation in the bills of lading relating to the crates. Other contracts may not be as […]

Restrict Financial Liability to a Specific Sum

Explain the meaning and significance of the provision in Section 11 Sub-section 4 that deals with a contract term seeking to restrict financial liability to a specific sum. How useful are the guidelines for applying the reasonableness test in Schedule 2? (4) Where by reference to a contract term or notice a person seeks to restrict liability to a specified sum of money, and the question arises (under this or any other Act) whether the term or notice satisfies the […]

Rights of Shareholders as Members of a Company

Shareholders play an important part in the corporation. They are very vital for the company. They have the power to take company decisions and influence the working of the company. The shareholders are able to exercise such influence and control over company only when they are free to exercise their rights in a legitimate manner. The shareholders have numerous rights which have been laid down in the Companies Act, 1956. Under the Act, the shareholding of a company is determined […]

R V. Brown 1996

Analyse how the House of Lords interpreted the word “use” in 5(2)(b) of the Data Interpretation Act 1984 in the case of R v Brown (1996) 1 ALL ER 545 Introduction The case of R v Brown, 1996, concerned two uses of a police force Computer by an officer, for the purpose of obtaining registration numbers of cars owned by the debtors of a collection company that was run by a friend of the officer. The police officer was a […]

Selected Topics on Business Law

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 […]

Contract Essays