Chinese Commercial Law (MLM 703) Trimester 3‚ 2008 ..... Assignment 1 Table Content: | | |tABLE OF cONTENT………………………………..…....……........………2 | |aBBRIVIATIONS USED IN sTUDY..……………………………….......... 3 | |eXECUTIVE
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Inc. **Contract Law Portion** There are two bodies of law that govern contracts; Article 2 of the Uniform Commercial Code and the common law of contracts. “The Uniform Commercial Code‚ or UCC‚ is statutory law in every state. The common law of contracts is court-made law that‚ like all court-made law‚ is in a constant state of evolution.” (Mallor‚ 2007) The UCC was created by the American Law Institute and the National Conference of Commissioners on Uniform State Laws to establish a uniform
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Dickinson V Dodds - Masters V Cameron (1954) - Veivers V Cordingley (1989) - Niesmann V Collingridge (1921) - Geebung Investments Pty Ltd V Varga Group Investments (No 8) Pty Ltd (1995) - Hall V Busst (1960) - Ballas V Theophilos (No 2) (1957) - Commercial Bank of Australia Ltd V GH Dean & Co Pty Ltd (1983)
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Multi sport holdings ltd * Applications e.g. The burden of using helmets was significant * Conclusion e.g. there is no breach Law of Contract Terms of the contract * Express terms * Terms stated and agreed to by parties * In simple cases‚ terms stated in offer * Eg‚ $ reward for cat * Major commercial contracts require signs from both parties. * Contract contains most terms * But‚ only needs to be written when statute
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Commercial Law Questions 1 What is meant by the terms "void" and "Voidable"- give examples quoting relevant case law. Void = is where there is no contract and never did exist in the first place‚ and a third party has no rights at all under a void contract. Case law: J Loudon & Co v Elder’s Curator Bonis. Voidable = is where a contract is valid until the court sets it aside‚ and a third party has good title if contracted before the contract being set aside or reduced by the courts. (The timing
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principal and the agent. An agency can be created in three types of ways‚ 1. Express agreement‚ whether oral or written‚ 2. Implication‚ based on the custom or practice of the trade‚ or 3. Conduct of the principal. Creation of agency is essential to commercial and financial transactions‚ because and organization can function only through it’s agents. Creation of Agency An agency relationship can arise by agreement‚ necessity‚ ratification and estoppel. By Agreement: Express Authority:
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Question 1 Identify the various sources of Malaysian Law Written Law The sources of law consist of written law and unwritten law.In written law‚it have federal constitution‚state constitution‚legislation and subsidiary legislation. Federal Constitution Malaysia is a federation of 13 states with a written federal constitution . Article 4 of the federal constitution of Malaysia provides that the federal constitution is the supreme law of the country . The constitution is a unique expression of
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Commercial law 09/09/13 There are 2 essays (50% each) no exam. The main focus are: goods acts‚ mains kind of dispute in transaction‚ property (real owner)‚ title‚ damages on goods or late delivery of the goods. I. Introduction: Definition of Contract of Sale of Goods‚ Formalities A) The sales of goods acts Goods Acts In Ireland‚ sales of good is contained is the sales of goods Act 1893. Act of the british Ireland. It was replaced by the sales of good act of 1980‚ which is
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Contracts (C3‚ pg 58) |Nature of contract |- Legal relationship consisting of the right and promises constituting an agreement between the parties that give each party a legal | | |duty to the other and also the right to seek for breach of those duties | | |- Consensus ad idem (meeting of minds); what the parties agree on must be clear and unambiguous and parties must be ad idem. |
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(1) (g) of the Constitution of India. This gives the citizens the right to pursue any trade‚ profession‚ business or occupation in any place within India. This right is‚ however‚ not absolute. It can be restricted by the State in the following cases – - When the State feels it is essential to do so in the public interest. - When it is felt that there should be some basic qualifications for any occupation or profession‚ it can provide so. - When the State feels that it needs to establish control
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