considered: Context considered: emergency vs. time to make judgment call. Special duties‚ Duties to Persons on property Premises liability cases‚ involve possessors of land & those who enter it. Entering party classifications: Invitees: Business visitors‚ people using public property Licensees: possessor must give consent‚ enter for purposes other than to do business Trespassers: Neg. per se: D’s violation of reasonable behavior may cause a breach of duty & may allow P to win if: Was within the class
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Business Law Midterm Chapter 1 - Nature of Law and Legal Rights * Legal Rights: rights (legal capacity to require another person to perform or refrain from performing an act) and duties (obligation of law imposed on a person to perform or refrain from performing a certain act) coexist. * Individual right: any statutes‚ ordinances‚ or court decisions cannot violate the rights given in Constitution. * The Right of Privacy: Fourth Amendment (only search under reasonable suspicion) and protecting
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BUSINESS LAW ESSAY PLAN ➢ Acceptance must be communicated to be effective. ➢ Where the parties contemplate acceptance by mail‚ acceptance will be complete as soon as the letter is properly posted. Postal rule definition ➢ Actual communication versus constructive communication ➢ Actual acceptance (real) versus constructive acceptance (postal rule) (Graw p.89) ➢ Contract is an agreement which the law enforces. ➢ Contract law is the basis of business law ➢ Two main sources:
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there is a formation of a contract. To determine if an offer exists‚ an offer will be differentiated from an invitation to treat. Secondly‚ the offer and acceptance of the last offer will be identified. Thirdly‚ Fitness for purpose (SOGA) will be explained. With regard to Peter v Manufacturer‚ the “Guarantee” of consumer goods (UCTA) will be explained. Lastly‚ Peter will be advised regarding this issue. 2. Peter v Salesperson Applicable Law 1: Issue This issue is whether the advertisement
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OPEN UNIVERSITY MALAYSIA FACULTY OF BUSINESS AND MANAGEMENT Course Code: BBUN 2103 Course Title: Business Law Name: Mariyam Anoosha Afeef Student ID number: S11723225 Tutor Name: Ahmed Nasheed Learning Centre: Villa College Trimester: May 2012 INTRODUCTION We enter into contracts that are made orally‚ every day‚ without us even realizing. For example when we buy something from a shop‚ we make a contract with the shopkeeper. However sometimes written contracts are
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Facts of Solomon v Solomon Solomon was a leather merchant who converted his business into a Limited Company as Solomon & Co. limited (the ‘company’). The company so formed consisted on Solomon‚ his wife and five of his children as members. The company purchased the business of Solomon for £39‚000; the purchase consideration was paid in terms of £10‚000 debentures conferring a charge over the company’s assets‚ £20‚000 in fully paid‚ £1 share each and the balance in cash. The company in less than
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important to understand on how a contract is formed and what are the steps and requirements to make sure the contract stays legally enforceable. In order for a contract to exist‚ there are four key elements to it. An offer must firstly be made by the offerer‚ followed by the acceptance of the offer by the offeree. Considerations must also be done under seal and deed and there must be an intention to create legal intentions for the contract. All these terms must be fulfilled‚ as any terms left unfulfilled
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for what they feel is a breach of contract. Under the law governing offer and acceptance‚ a valid offer has been made through an advertisement. In order for an offer to be accepted‚ the party must entirely accept the offer. The rules governing acceptance has to be positive not passive. Silence does not forms acceptance. The general rule of acceptance is that the acceptance must be received by the offeror‚ otherwise it has no effect. An offer made to a particular person can be rightfully accepted
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------------------------------------------------- Prepared for: ------------------------------------------------- Mr John M. Andre (Lecturer) ------------------------------------------------- Unit 5: Aspects of Contract and Negligence for Business ------------------------------------------------- Banking Academy‚ Hanoi ------------------------------------------------- Submission Date: 19th November 2012 ------------------------------------------------- No of words: 3100 words -------------------------------------------------
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Part A Question 1: Step 1 The issue of law it that for a reasonable contract to be established‚ whether the element of agreement required for the formation of a contract can be formed in parties. Step 2 A legally enforceable contract can be organized by three significant parts; there are intention‚ agreement and consideration. With regards to agreement‚ it means a discussion of the consensus on critical terms needed for a workable transaction. Generally‚ while the parties intended‚ an agreement
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