Case Jonathan‚ a moneylender makes a loan of $1‚000 to Sheba on Sheba’s representation that she is 19 years old. Sheba is in fact 17 years old. She enrolled for diploma course with a private college for $500‚ spent $200 on a holiday‚ and the balance of $300 on a mini hi-fi set. She now refuses to pay Jonathan. In this case‚ we are acting for Jonathan (plaintiff). Jonathan sues Sheba (defendant) because of free consent and capacity. Free consent that we talk is about misrepresentation whereas capacity
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is able to take legal action to enforce the contact with Gordon – ex-Sales Manager of Heavy Trucks Ltd for the delivery of five trucks costing $950‚000. Laws To interpret these issues‚ this paper will consider section 126‚ 128(1)(4) and 129 of the Corporation Act 2001 (Cth) as well as the Turquand rule of internal management in common law. Section 126 stated that a firm could exercise the power to make‚ ratify and discharge a contract through an agent. In other words‚ the company will be liable
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This essay will discuss the Case study by firstly identifying four elements of contract‚ then justifying duties of Mr. Martin with applying the principles of pre-existing contractual duties. Finally a discussion about part payment of debt and promissory estoppel will be explained. Likewise‚ this essay will evaluate the knowledge of common law and agency relationship. QUESTION 1 a) Four essential elements of a contract should be Offer‚ Acceptance‚ Intention to create legal relations and Consideration
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AB107 Business Law Written Assignment Advise whether the terms of the Licence Agreement apply and whether the Exclusion of Liability clause is valid and effective in protecting UcanB007 from liabilities. [pic] The foremost issue pertaining to this case is that of whether the terms of the License Agreement are part of the contract between Ah Siong and UcanB007‚ and hence the enforceability of the terms should Ah Siong decide to sue UcanB007 in contract for his losses. Due to the nature of this
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1. The fact of the case Respondent (Schmidt) was a consulting engineer for the appellant company (Kepong Prospecting Ltd). The appellant company was the holders of certain mining leases in respect of deposits of iron ore. They did not work these deposits themselves but allowed them to be worked on tribute by another company named Kepong Mines Ltd. Their business in practice would seem to be confined to collecting the tribute and distributing it to their shareholders after making arrangements
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Cuong Khong Bill Tennyson/ Business Law January 24‚ 2013 BRIEFING CASES… COMMONWEALTH v. BERGGREN 398 Mass. 338 (1986) Supreme Judicial Court of Massachusetts‚ Barnstable. May 6‚ 1986. August 26‚ 1986. ============================================================================ FACTS: On March 29‚ 1983‚ about 8:28 P.M.‚ Patrolman Michael Aselton of the Barnstable police department was on radar duty at Old Stage Road in Centerville. He saw the defendant’s motorcycle speed by him and commenced
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Business Law Case Study Module 4 PLAINTIFF’S STATEMENT: The Parties – Alex Johnson vs. Bethlehem Ice Solutions Opening Argument Those familiar with skiing know that there are risks involved when one chooses to participate in the sport. Those risks‚ however‚ should be associated with self-inflicted harm caused by mistakes that a skier may make and not unforeseen obstacles and dangerous situations. The injuries sustained by Alex Johnson on the slopes at Bethlehem Ice Solutions (BIS) were not
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Comparative Law Case 1-1. IGNACIO SEQUIHUA V. TEXACO INC. ET AL. United States District Court for the Southern District of Texas‚ 1994. FACTS: Plaintiffs‚ Ecuador residents‚ filed suit in Texas over alleged environmental damage in Ecuador. Plaintiffs pray for money damages‚ an injunction to clean up‚ and a court-administered trust fund. Defendants bring motions to dismiss. ISSUE: Should the court decline to exercise jurisdiction based on the doctrine of comity of nations? HOLDING: Yes. LAW: Section
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Chris Garrido Case studies #4 Business Law- Ralli 22.3 pg 352 A. William ha bailey executed a note payable tp California dream strett B. four years later dreamstreet negotiated the note to cooperative central raiffeisen-boerenleenbank C. cooperative filed a suit against baileyto recover on the note 23.3 pg 368 A. Wilson was the office mangaer of palmer and ray dental supply B. james frank ray would take the checks reciebved from customers and place them on wilsons desk] C. wislon
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Law Case Analysis Material Facts and Source of Law The plaintiff William Shelensky was a director who owned a minority stockholder of Defendant Corporation called Chicago National League Ball Club‚ which operated Chicago Cubs. The Cubs had been suffering operating losses from direct baseball operations from 1961-1965. The director defendant Philip K. Wrigley who owned 80% stock shares did not install lights at Wrigley Field so that the Cubs could not play at night when at home‚ even though the
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