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
Premium Law Common law
went to court to sue the bank for a breach of contract. The breach was as a result of the good faith covenant and fair dealing. Additionally‚ she felt that the mortgage transaction was an example of unfair practice of violations in business under the unfair competition law of the state of California concerning unjust conversion and enrichment. On the basis of the second amended complaint‚ the bank had maintained the activity of procuring costly replacement insurance when mortgagors made a default on
Premium Law Contract United States
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)
Premium Contract law Contract Contractual term
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
Premium Contract
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
Premium Contract
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
Premium Damages Tort Contract
Questions Learning ResourcesTextbook: Business Law Seventh Edition‚ 2010 Henry R. Cheeseman Prentice Hall 1) According to Judge Jerome Frank‚ uncertainty in the law: a. is an unfortunate accident b. should be avoided whenever possible c. is of immense social value d. does not exist in the U.S. legal system 2) Which of the following is most consistent with the Natural Law School of jurisprudence? e. Law is based on moral and ethical principles
Free Common law Law Supreme Court of the United States
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
Premium Contract
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:
Premium Contract Offer and acceptance Common law
Week 1 Homework Assignment Are Layoffs Unethical? —Aaron Feuerstein and Malden Mills 1. Aaron Feuerstein became something of an overnight national hero by protecting his workers. Feuerstein said‚ “It was the right thing to do and there’s a moral imperative to do it‚ irrespective of the consequences. a. Was Feuerstein employing utilitarian or formalist reasoning? Explain. Answer: I believe he is a formalist because “the right thing to do and there’s a moral imperative to do it‚ irrespective
Premium Employment Practice Critical thinking