Part a) Legal position enabling expulsion of Annabel from the partnership. Step 1:- The problem at hand deals with Partnership law as governed by the Partnership Act 1895 in the absence of a written agreement. Principles of Common law and Equitable principles also apply. Partnership Act governs the partnership of ‘Health Plus’. Sec. 30 of the Act‚ as it relates to misappropriation of partnership property. The application of Sec. 39 Partnership Act 1895 and the Fiduciary Duty breached. Supreme
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contractual liability. There are three differences between liability and contractual liability: A. The difference of base. Contractual liability means that due to the breach of duty‚ contractual collateral obligation of contract or violates the "contract law" provisions of the obligations. Finding out a contractual liability has to be in terms of contract. However‚ there are no needs for liability‚ which point liability are monetary damages that are sought from the offending party. They are intended to
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Business Law Common Law Assignment Hayley Gramson Student No. 17004217 Word Count 1003 a) In a letter dated 14/02/2011‚ the manager (Dave) of Excellent Foods (EF) outlined conditions in writing to the manager (Ben) of Safe Foods (SF) in relation to the purchase of EF. These conditions were that SF must pay the valued amount of EF‚ which totaled $120‚000‚ $30‚000 more than the original amount that SF had been prepared to pay and stipulated
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Tenzin Lama Professor Kurland Business Law 30 April 2014 Eaton v. Waldrop Court of Civil Appeals of Alabama‚ __ So. 3d __ (2010). 45 So.3d 371 (2010) Court of Civil Appeals of Alabama. James M. EATON‚ Jr. v. Bobby Joe WALDROP. 2081095. -- March 05‚ 2010 Type of Action: Right to a trial by jury to set aside a deed Facts: On December 16‚ 2005‚ James M. Eaton‚ Jr.‚ and Marguerite Eaton filed a complaint against Waldrop alleging that Waldrop had fraudulently induced James to deed certain property situated
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Employment Law Brief The Clapton Commercial Construction Company located in Detroit‚ Michigan‚ is planning to expand its business into the state of Arizona. It is a medium-sized company with 650 employees and possibly increasing an additional 20% in the new state. Prior to the move‚ the human resources (HR) department must be aware of applicable employment laws that may affect the business. Outlined below are brief summaries and consequences for noncompliance of the following employment laws: Title
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Title and Citation Mark Koding v. Public Prosecutor [1982] 2 MLJ 120 Facts On 11 October 1978‚ the Accused‚ Mark Koding‚ a lawyer and member of the Dewan Rakyat made a speech in Parliament which was thought to be seditious. He was subsequently charged with committing an offence under Section 4(1)(b) of the Sedition Act. Issues 1. Whether‚ as a Member of Parliament (MP)‚ the Accused’s right of free speech in Parliament‚ given by sections 3 and 8 of the Houses of Parliament (Privileges and Powers)
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is a mere appendage of Eastfield Ltd. This being the case‚ it is necessary to examine the exact relationship between Capital Pty Ltd and Eastfield Ltd and determine the likelihood of the courts lifting the corporate veil. Separate Entity Salomon v Salomon & Co established the key principle that an “incorporated company is a separate legal entity from its founder‚ shareholders and directors”. To further this point‚ the Albazero case provided authority within a group of companies‚ whereby
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References: USLEGAL.COM‚ Quit Claim Deed Law & Legal Definition‚ http://definitions.uslegal.com/q/quit-claim-deed/
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Waller Business Law Writing Assignment 3 Spring 2014 3-19-14 Chapter 13: Nebraska Beef‚ Ltd. V. Wells Fargo Business Credit‚ Inc. Case Concept Review: 1. How did the court determine that the offer was sufficiently definite? The offer of the Wells Fargo Business Credit‚ Inc. was submitted to Nebraska Beef in the form of a letter. When Nebraska Beef engaged in accepting a line of credit from Wells Fargo
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promoter for not disclosing the payment from the insurance company. (50 marks) Your answer should be approximately 1500 words long and should address all the issues raised in the question. You must refer to relevant legislation‚ legal principles and case law. Marks will be deducted if your answer is more than 150 words outside the word limit. You are expected to word count your work and include a note of this at the end. You should read the grading criteria in your module booklet before attempting the
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