Assignment Answers – Part B Question 3 Joe claims that Betty’s Drycleaning Service (BDS) is responsible to compensate him for the loss of his dinner jacket and the damage to his trousers. He is claiming $500 as the replacement cost of a new suit. BDS‚ through its new owner‚ Bruce‚ is denying responsibility for this loss and damage due to an exclusion clause on the docket handed to Joe (as usual) when he left his items to be dry cleaned. Bruce also points to a sign at the back of the shop
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Introduction to Commercial Law Jasper Goh Jia Qing We would need to establish if there was a valid contract formed. As per Lord Wilberforce in The Eurymedon‚ an enforceable contract would have to consist of a valid offer and agreement‚ consideration‚ an intention to create legal relations and there has to be no vitiating factors. The first issue would be as to whether there was an offer on the advertisement regarding
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led to the passing of the Sarbanes-Oxley Act of2002 in an effort to encourage executives and the Board of Directors to double check financial records as well as dissuade the intentional misrepresentation of the company financial status. (Addison-Hewitt Associates ‚ 2013) It was also passed because the misrepresentation allowed loans from major banks to companies that would have been looked upon as risky and hurt the bank investors. (Addison-Hewitt Associates ‚ 2013) When the misrepresented financial
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How many times in the past few years have different races and ethnicities gotten a bad reputation because of what the media has said about them? Ian Haney once said‚ “There are no genetic characteristics possessed by all Blacks but not by non-Blacks‚ there is no gene or cluster of genes common to all Whites but not to all whites. One’s race is not determined by a single gene or gene cluster…” (qtd. in “Composition and Research” 733). If this is true‚ why is the media making it seem that minorities
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Bily v. Arthur Young & Co.‚ 834P. 2d 745 – Cal: Supreme Court 1992 Summary of the case The litigation was brought by investors of Osborne Computer Corp. a computer manufacturing company. The business was founded in 1980 by Adam Osborne. The Company grew rapidly‚ and by fall of 1982‚ sales reached $10 million per month‚ making the company one of the fastest growing enterprises in the history of American business. Late in 1982‚ Osborne planned an initial public stock offering. In the process
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“….if the creditor bank has notice‚ actual or constructive‚ of undue influence exercised by the husband (and consequently of the wife’s equity to set aside the transaction) the creditor will take subject to that equity and the wife can set aside the transaction against the creditor…as well as against the husband.” (per Lord Browne-Wilkinson in Barclays Bank plc v O Brien [1994] 1 AC 180 at 191) Critically discuss the above statement. Analysis of wife’s equity to set aside the husband’s transaction
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networking‚ those seeking long-lasting relationships should switch off the server. The intimacy between online daters is artificially produced with the internet’s ability to give users more control over presentation of self (Goffman‚ 1959)‚ misrepresentation‚ and the deception that comes with these elements. To begin with‚ it is essential to recognize how the ability to have control over presentation of self leads to deception. A primary reason why people turn to online dating is because of their
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loan from Large PLC‚ Bradley signs a contract that uses the house as collateral. Due to the failure of the business‚ Large PLC seeks to obtain the house on its terms. Bradley can defend his home from Large PLC by relying on undue influence‚ misrepresentation by Carlotta‚ equitable doctrine of unconscionable bargains‚ and statutory consumer protection. Legal issues in original scenario There is a legally binding contract between Bradley and Large PLC. An offer of a specific monetary loan was presented
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is whether or not there is fraudulent misrepresentation. And whether or not there is the legal contract. At the same time‚ whether or not the oral evidence rule it included. And it have whether or not the consumer guarantee. Rule- Fraudulent misrepresentation Fraudulent misrepresentation occurs when one makes representation with intent to deceive and with the knowledge that it is false. According to Andy and Douglas1 .An action for fraudulent misrepresentation allows for a remedy of damages and rescission
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Sylvie booked a holiday from a travel agent called Tours R Us which resulted in the formation of a contract between the parties. However‚ she experienced numerous problems after the booking. First of all‚ as Sylvie’s son was ill‚ she wanted to transfer the holiday booking to her nephew. However‚ the travel agent did not allow this transfer. Secondly‚ Tours R Us wanted an extra payment of £50 because of a fault in the computers of the travel agency after the booking process. These two incidents caused
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