w 1. | | | In deciding a case‚ a court will not use common law if there is a statute that applies to the dispute. | | Student Response | Value | Correct Answer | False | 0% | True | | Score: | 0/2.5 | | | 2. | | | Dicta is another term for “controlling precedent.” | | Student Response | Value | Correct Answer | False | 100% | False | | Score: | 2.5/2.5 | | | 3. | | | One of the important powers of courts in the United States is to
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Business Law I January 31‚ 2013 Corporate Structure Assessments Part A: A sole proprietorship is a type of business entity that is owned and run by one individual and in which there is no legal distinction between the owner and the business. The owner receives all profits (subject to taxation specific to the business) and has unlimited responsibility for all losses and debts. The IRS does not consider the sole proprietorship as a separate business entity. The owner reports
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Abstract Mutual Mistake of fact is when both parties of a contract make an assumption of fact when contract is formed and signed. The mistake must significantly change what you have to do under the contract‚ almost to the point where it’s an entirely different agreement. Although‚ if you knew there was a strong chance or probability of mistake at the time the contract was signed‚ you may have assumed the risk of that mistake. You therefore cannot use the mutual mistake defense. Not all cases
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Recognizing Contract Risk and Opportunities Alen Edilersky LAW/531 – Business Law Professor Rickard D’Ambrosio February 02‚ 2009 The contract is the special document demanding careful development‚ acceptance and the control over observance of its conditions. As a rule‚ contracts consist when planned mutual relations of participants have long-term character. This long term can concern both to the process of interaction‚ and to those consequences for participants who can come as a result
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Contract Law Presented by Kerra Bazzey Contract Law Formation of a Contract Terms of a Contract Discharge of a Contract Remedies for Breach of a Contract Formation of a Valid and Enforceable Contract Offer Acceptance Consideration Intention to Create Legal Relations Privity of Contract Capacity to Contract Must not be illegal or contrary to public policy Formation of a Contract A contract is an agreement which creates legal rights and obligations between the parties to
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Chapter one Business Law Law is a set of rules‚ enforceable by the courts‚ which regulate the government of the state and governs the relationship between the state and its citizens and between one citizen and another. There are various ways in which the law may be classified; the most important are: * Public and private law * A) Public law is concerned with the relationship between the state and its citizens. Specialised areas are: 1. Constitutional law is concerned with the workings
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Bill Cosby and his lawyers are not giving up without a good fight as they petition the courts again to drop the criminal sex assault case. Radar Online‚ June 8‚ 2016 reports that Bill and his attorneys want the case dismissed because Andrea Constand‚ did not show up in court. Papers filed by Bill Cosby’s lawyers said‚ “The District Attorney’s win-at-all-costs tactics in this matter are stretching the rules past the breaking point.” They are asking the court to dismiss the criminal charges against
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Business Law Notes- July‚ 10‚ 2008 Review from previous class session July 3‚ 2008 The Rules of Law regulate relations Public Law: Relations between state and individuals • Exercise of power for state authority • Based on the Roman-German Tradition • Associated with the meaning of ‘Res Publica‚’ (which means State & Society collectively) • Great Importance placed on Public Law-according to the European Continental Tradition Anglo-Saxon Law: Based on Common Law • Case Law (law
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Business & Company Law – ’11-’12 – Question 1 Introduction: Whenever a contract is to be formed‚ there are certain elements which should meet the requirement in order for it to be established. They are offer‚ acceptance (agreement)‚ consideration and intention. * Definition: Agreement – Is formed when an offer is made and accepted. * Communication: Must be communicated * Except in the case of a unilateral contract. * Two types of Communications: * Instantaneous
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Terms The content of a contract are made up of terms (or ‘clauses’ as they are called in the case of written contracts) which may be express or implied. The express terms are the terms which the parties actually stipulated for themselves when making the contract‚ whether orally or in writing. In addition to the express terms‚ the courts sometimes‚ for a variety of reasons‚ imply certain terms into the contract. Implied terms are terms that are not expressly stated in the contract but are deemed to be
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