judiciary to apply statutory interpretation‚ to interpret words of a given Act‚ to give them an exact meaning and to give them legal effect. Statutory interpretation is an integral part of the court ruling process‚ as the role of a judge is to apply the law‚ not make it. When trying to establish Parliament’s intention within an Act‚ there are various aids available to help. Firstly‚ there are three approaches to interpretation. The first of these is the literal rule‚ where‚ according to Martin (2007)1
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Addressing International Legal and Ethical Issues Contemporary Business Law/LAW 421 Monday‚ 18 February 2013 The issues involved in resolving legal disputes in international Transactions are the changes that are mad to international laws and regulations. The largest focus is the minimum wages. What is most discussed is China has a cheap labor force compared to America. This increases the profits for the company who outsources to cheaper labor cost. If the China manufacturing do not meet
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Business Law Introduction A business consists of trade of any profession or vocation. Business law looks at the formation of the business and the contracts plus legislations within it. The body of a business has rules and regulations that business law enforces enabling it to govern the transactions between business entities. In relation to that is commercial law. Marketing‚ Bankruptcy‚ contracts and trade in general are all under commercial law. In this assignment I will be assessing that
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Research Paper: The principle of a separate corporate personality is a fundamental concept in Business Law. However this does not stop the courts from lifting or piercing the veil to see what lies beneath. Critically discuss this statement citing the relevant case law. As is evident with most principles of law there are exceptions to the doctrine of separate legal personality. The courts will generally depart from the principle separate corporate personality in certain instances where tools
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Ahmad is in business selling microcomputers. Following a major refurbishment of his shop premises he publishes the re-opening of his shop with a large newspaper advertisement on 30 august. Formalities are a general rule contracts do not need to comply with any sort of formalities. Thus‚ while it is more difficult to prove contracts that are entirely or partly oral‚ this is a matter of evidence and procedure only and is not relevant to the validity of a contract. A contract of sale may be made in
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Business Law Notes Definition of Law Definition of Law – A rule of civil conduct prescribed by the supreme power in a state‚ commanding what is right‚ and prohibiting what is wrong. Nature of Law Functions of Law - To maintain stability in the social‚ political‚ and economic system through dispute resolution‚ protection of property‚ and the preservation of the state‚ while simultaneously permitting ordered change. Law and Morals * Are different but overlapping; law provides
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Executive Summary Various issues in the common law arise when agents make contracts on behalf of principals. Should a principal be bound when his agent makes a contract on his behalf that he would immediately wish to disavow? The tradeoffs resemble those in tort‚ so the least-cost avoider principle is useful for deciding which agreements are binding and can unify a number of different doctrines in agency law. In particular‚ an efficiency explanation can be found for the undisclosed-principal rule
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Part A Question 1 Step 1 Identify the legal issue The legal issue is whether the element of agreement requires the formation of a valid contract. Step 2 Explain the principles of law relevant to that issue with reference to authority (cases and/or legislation) The element of an agreement is one of the three elements of a contract intention to be legally bound either in formal execution in a deed; or consideration. Agreements means a meeting of the minds on at least those essential
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Dustin Brown Student ID# 202011 BBA 3210‚ Business Law Research Project: Analyzing a Contract August 22‚ 2012 “Analyzing a Contract” Introduction I have identified a basic contract that is used when a provider and client have agreed to a specific service and payment for service (Savetz‚ 2012). The contract is at the end of this paper. In my scenario‚ the Client has requested the Provider to complete a concrete pad in the back yard of his new home. I will analyze this contract and identify
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first step in recognizing the underlying ethical dilemma is to determine the individuals involved in this particular case. The first person we become familiar with in this case is the president of Beech Nut‚ Lars Hoyvald. Most of us that work in a business environment today‚ will most likely use the principle of utilitarianism when making an “ethical” decision. We tend to look at our actions‚ or consequences of our actions‚ in order to determine the best decision. I believe that Lars Hoyvald used
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