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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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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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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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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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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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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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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for $490 would take delivery 7 days later. HERE THERE IS AN OFFER AND ACCEPTANCE... AGREEMENT IS PRESENT... IS THERE CONSIDERATION? YES‚ EXECUTORY. THERE IS AN EXCHANGE OF PROMISES... A BENEFIT FOR BOTH PARTIES – THERE IS ALSO INTENTION AS IT IS A COMMERCIAL AGREEMENT – EDWARTD V SKYWAYS - When Dim came to pay and collect the oven 7 days later‚ Siti refused to hand over the oven telling hthat the price was now $550. Dim called Siti a cheat and wants to sue her. SITI IS IN BREACH OF CONTRACT Advise
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arbitrators and their choice in the light of Claimant’s proposals‚ as well as the nomination of any arbitrator that the Respondent has to make; f) any comments as to the place of the arbitration‚ the language of the arbitration and the applicable rules of law. The Answer and the documents annexed thereto‚ if any‚ shall be supplied in a number of copies sufficient to provide one copy for each arbitrator and one for the secretariat.. 2. Respondent shall attach to the Answer proof of the dispatch‚ within
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permissible restriction on an individual’s right of trading. [Sagir Ahmad And Ors. vs The Govt. Of The State Of Uttar ... on 17 November‚ 1953] 1.(b) The Parliament can extend the legislative powers given to it by the Constitution to formulate laws under special situations to include certain subjects of the State List. Some of the conditions under which the Parliament may extend its powers include the situations explained belowIn the National Interest (Under Article 249) Proclamation of
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