In Malaysia‚ our contract law is basically governed and enforced by the Contract Act 1950. The remedy of specific performance presupposes the existence of a valid contract between the parties to the controversy. The terms of the contract must be definite and certain. This is significant because equity cannot be expected to enforce either an invalid contract or one that is so vague in its terms that equity cannot determine exactly what it must order each party to perform. It would be unjust for a
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Table of Contents Introduction Accountants’ Liability to the Client and Third-Party A) Breach of Contract B) Ordinary Negligence (Accountant Malpractice) C) Fraud a. Constructive Fraud (Gross Negligence) b. Actual Fraud Accountants’ Liability under Common Law for Third-Party A) The Near-Privity Doctrine B) The Restatement Doctrine C) The Foreseeability Doctrine D) The Balancing-Factors Doctrine Accountants’ Liability under Statutory Law Third-Party A) Securities Act of 1933 B) Securities
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Q. What is a general offer? How is a contract created through general offer? Refer to leading cases. An offer may be made to the world at large. Such an offer is a general offer. However‚ a contract is not done with the whole world but only with the person who comes forward and accepts the offer. The acceptance might be express or implied. As per Anson‚ "An offer need not be made to an asertained person‚ but no contract can arise until it is accepted by an ascertained person". Case of Carllil
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In this assignment I will be giving advice to Rick’s girlfriend on whether she has a legal right to return the laptop that Rick bought for her. I will be analysing whether a valid contract was formed and who it was formed with. As Rick’s girlfriend didn’t buy the laptop and is under the age of 18 she wouldn’t be able to return the laptop as there has been no contract formed with her. However we can assume that her boyfriend is over the age of 18 and as he bought the laptop this means the contract
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GOOD FAITH IN INSURANCE LAW Good Faith: A study Good faith is required in a wide range of situations‚ including contracts and business dealings‚ as well as during mediation‚ arbitration orsettlement negotiations in a personal injury or similar tort case. The good faith requirement also appears in business law. The officers and directors of a corporation are obligated by their fiduciary duties to act in good faith when dealing on behalf of the corporation. Although the phrase “good faith” may mean
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Cases Comm 315 Case1 : King v.BioChem Therapeutic Inc. Fact: Dr King is hired by Bio Chem. She signed a special contract that specifies a period of probation. During this period‚ she can be let go but you have to be known the wrong behavior in order to be able to rectify it. If the wrong behavior persists then your contract will be terminated. Issue: Is the termination of the contract of Dr King for fault justified? Ratio Employer version of facts: 1st meeting: after 5 months and a half
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Livent‚ Inc. fraud was masterminded by a few individuals‚ primarily Garth Drabinsky‚ a Broadway “impresario” who had received several Tony Awards for Livent’s theatrical productions. However‚ numerous individuals were eventually drawn into Livent’s fraudulent schemes by Drabinsky. The Livent fraud unraveled following the takeover of the company by an investment group headed by former Hollywood power broker and Disney executive‚ Michael Ovitz. Shortly after assuming control of Livent‚ Ovitz’s new management
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Yuri A. Batten Module 2 Case 2: HP Pretexting Scandal ETH501 TUI University Dr. Bonnie Adams Who is ever responsible for the wrong-doings of a corporation? Is it the person who actually commits the crime or the company that hired the person who committed the crime? In today’s world of finger pointing and blame shifting‚ anyone’s guess is as good as mine. Should Patricia Dunn‚ former chairwoman of Hewlett-Packard (HP)‚ have been forced to resign? In my mind the answer is yes‚ without
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1) a) Explain how the making of the contract between the consignor and the railway station can exist? The contract between the consignor and the railway company will existing when the railway company has accepted the goods for carriage from the consignor and together with the consignment note make by consignor. The acceptance will be established with the consignment note and will be stamp of the forwarding station. The consignment note is made by the consignor with three copy‚ each copy for
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0977 666160 CONTACT ADDRESS: PLOT 3601/4‚ MAPEPE ROAD‚ OLYMPIA PARK‚ LUSAKA TASKS: (i) Purpose of contractual remedies and whether they serve their intended objective (ii) Relationship between agency and principal (ii) Misrepresentation in the sale of a car purported to have traveled 63‚000Km and yet it has done 163‚000Km 1.0 INTRODUCTION This essay is divided into three Parts. Part A discusses contractual remedies and their purpose and proceeds to assess their effectiveness
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