effect. Statutory interpretation is an integral part of the court ruling process‚ as the role of a judge is to apply the law‚ not make it. When trying to establish Parliament’s intention within an Act‚ there are various aids available to help. Firstly‚ there are three approaches to interpretation. The first of these is the literal rule‚ where‚ according to Martin (2007)1 “courts will give words their plain‚ ordinary or literal meaning‚ even if the result is not very sensible”. This rule should
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Chapter 7 the terms of the contract 1. When contract is made orally‚ not all oral statement will amount to a term some are just ‘mere puffs’. These statements will never provide any form of remedy. 2. Mere puff只是单纯的吹嘘，是一种statement of opinion‚ 不构成任何的representation或term 3. 三种不同的terms：conditions‚ warranties‚ and innominate terms * CONDITIONS: important terms form the main structure of the contract. If breach‚ repudiate the contract and claim the damage * WARRANTIES: minor terms ancillary(辅助)
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Chap 19 inflammation &immune response 1. The client has a chronic disease in which the process of “self-tolerance” is deficient. You should expect the client to demonstrate which alteration in immunological function? *is at greater risk for tissue damage from autoimmune disease 2. Which statement comparing inflammation and infection is true? *inflammation occurs in response to tissue injury or to tissue invasion and infection is always a response to tissue invasion 3. How are the actions
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1. Each of the following is a major category of abilities EXCEPT: - B) Creativity 2. In Deci’s theory of intrinsic motivation‚ the enjoyment gained from task-challenge decreases when: - b) External rewards for success are provided 3. A mechanistic organization exhibits: - d) all of the above 4. Goals most likely to be obtained are: - D) All
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first step in recognizing the underlying ethical dilemma is to determine the individuals involved in this particular case. The first person we become familiar with in this case is the president of Beech Nut‚ Lars Hoyvald. Most of us that work in a business environment today‚ will most likely use the principle of utilitarianism when making an “ethical” decision. We tend to look at our actions‚ or consequences of our actions‚ in order to determine the best decision. I believe that Lars Hoyvald used
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Executive Summary Various issues in the common law arise when agents make contracts on behalf of principals. Should a principal be bound when his agent makes a contract on his behalf that he would immediately wish to disavow? The tradeoffs resemble those in tort‚ so the least-cost avoider principle is useful for deciding which agreements are binding and can unify a number of different doctrines in agency law. In particular‚ an efficiency explanation can be found for the undisclosed-principal rule
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Jonah Watson Business Law Case Analysis #3 IN YOUR COURT A remedy is the relief provided for an innocent party when the other party has breached the contract. There are two types of remedies; remedies in equity and remedies at law. Remedies in equity are only awarded only if the remedy at law is inadequate. Remedies at law normally award monetary damages Ken‚ the owner of a famous candy store‚ and Sweet‚ Inc. have entered into a contract‚ essentially designating Sweet‚ Inc. as his
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Part A Question 1 Step 1 Identify the legal issue The legal issue is whether the element of agreement requires the formation of a valid contract. Step 2 Explain the principles of law relevant to that issue with reference to authority (cases and/or legislation) The element of an agreement is one of the three elements of a contract intention to be legally bound either in formal execution in a deed; or consideration. Agreements means a meeting of the minds on at least those essential
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OPEN UNIVERSITY MALAYSIA FACULTY OF BUSINESS AND MANAGEMENT Course Code: BBUN 2103 Course Title: Business Law Name: Mariyam Anoosha Afeef Student ID number: S11723225 Tutor Name: Ahmed Nasheed Learning Centre: Villa College Trimester: May 2012 INTRODUCTION We enter into contracts that are made orally‚ every day‚ without us even realizing. For example when we buy something from a shop‚ we make a contract with the shopkeeper. However sometimes written contracts are
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BUSINESS LAW ESSAY PLAN ➢ Acceptance must be communicated to be effective. ➢ Where the parties contemplate acceptance by mail‚ acceptance will be complete as soon as the letter is properly posted. Postal rule definition ➢ Actual communication versus constructive communication ➢ Actual acceptance (real) versus constructive acceptance (postal rule) (Graw p.89) ➢ Contract is an agreement which the law enforces. ➢ Contract law is the basis of business law ➢ Two main sources:
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