LGEAL PERSONALITY Foss v Harbottle (1843) 67 ER 189 is a leading English precedent in corporate law. In any action in which a wrong is alleged to have been done to a company‚ the proper claimant is the company itself. This is known as "the rule in Foss v Harbottle"‚ and the several important exceptions that have been developed are often described as "exceptions to the rule in Foss v Harbottle". Amongst these is the ’derivative action’‚ which allows a minority shareholder to bring a claim on behalf
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Assignment: The Rules of Law Enforcement In the first case the police conducted a lawful search of the suspect. They searched the suspect prior to arrest‚ since the arrest was based on probable cause. This search was valid because it was incidental to the arrest. In the second case‚ the police officers conducted a search that required a warrant. In this case‚ the officers only had an arrest warrant. The fact that the officers gained entry to the house through a 14 year old child was wrong‚ since
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Question TWO What is a "Breach of Contract"? A business contract creates certain obligations that are to be fulfilled by the people or companies who entered into the agreement. In the eyes of the law‚ a party’s failure to fulfil an end of the bargain under a contract is known as a "breach" of the contract. Depending on the specifics of the contract‚ a breach can occur when a party fails to perform on time‚ does not perform in accordance with the terms of the agreement‚ or does not perform at all
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Mutual Mistakes in Contract Law 4-3 Mutual Mistakes in Contract Law Southern New Hampshire University Abstract In contractual law‚ a mutual mistake is: “Where a mistake of both parties at the time of contract was made as to a basic assumption on which the contract was made has a material effect on the agreed exchange of performances‚ the contract is voidable by the adversely affected party unless he bears the risk of the mistake under the rule stated in 154.” (Rasmusen‚ 1993) 4-3
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ASPECTS OF CONTRACT LAW 1) A contract by definition is a form of agreement that binds two or more parties who can involve in a legal relationship and will be bound to perform according to the terms and conditions that are agreed upon in the contract. 2) The essential elements of a contract are: Agreement: it is determined by the regulations of offer and acceptance. It is the most essential element and the very first one. An agreement is made when the offerer proposes his offer and the offerree
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Introduction to Legal Studies and Basic Contract Law- Course Work Assignment Mrs Hyndley is the owner of two properties that she rents to students in the Belfast area. In January 2008 she asks her friend and next door neighbour Frederick‚ a local estate agent‚ to collect the rents from her tenants while she goes off on a 6 month round the world cruise. She does not discuss terms or payment with Frederick. However‚ Frederick agrees and does collect the rents. When Mrs Hyndley returns to Belfast
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Electronic contracts & the Indian law This document is an extract from the book Ecommerce - Legal Issues authored by Rohas Nagpal. This book is available as courseware for the Diploma in Cyber Law and PG Program in Cyber Law conducted by Asian School of Cyber Laws www.asianlaws.org Ecommerce - Legal Issues 4. Electronic Contracts Contracts have become so common in daily life that most of the time we do not even realize that we have entered
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Assignment: The rules of law enforcement I believe the police detectives conducted a lawful search and seizure because they were investigating robberies at two local electronic stores and during the investigating they received enough information to get a possible suspect. The detective suspected a person whom was wearing a heavy coat in a summer in Phoenix. That appeared to be strange‚ and he fit the height description so the detectives pulled over to speak to him. The suspect’s fourth amendment
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an era where the exercise of law of freedom were extremely restricted. In today’s English law‚ freedom of contract is one the foundation of contract law. The existence of freedom of contract requires three main considerations: the freedom to contract or not to contract‚ the freedom to choose with whom to contract‚ and the freedom to decide the terms of the contract. Thus parties are totally free to engage or not to engage in agreements. However‚ freedom of contract can fail to have the desired
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CONCEPTS IN THE LAW OF CONTRACTS Contracts are essential to business. They are a legal mechanism used in every industry and every part of the world to structure relationships among firms‚ and with customers‚ partners‚ and suppliers. Over several centuries‚ the law governing contracts has developed a large number of doctrines. Most are consistent with common sense‚ but unless you know what the rules are‚ you can easily make a mistake. This document introduces the fundamentals of contract law most relevant
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