thefreedictionary.com. The duties are a series of common law‚ statutory‚ and equitable obligations. The duties are analogous to duties owed by trustees to beneficiaries‚ and by agents to principals. Directors owe duties to the corporation‚ and not to individual shareholders‚ employees or creditors outside exceptional circumstances. The duties of a director are divided in two sections‚ the common law duties and the statutory duties of directorship. Common law duties; Duty of Good Faith The most general obligation
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Business Law Final Denise Capalbo Chetum v. Knarles Issue: Defamation Rule: Under the common law‚ defamation requires a false statement of fact‚ of or concerning plaintiff‚ published to a third party and causing damages. Also‚ where defamation is about a public person or matter of public concern‚ the plaintiff must prove that the statement is false‚ and that the defendant either knew of its truth or acted with reckless disregard of the truth (malice). Analysis: Knarles’ statements
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unfair advantage of special disadvantage: Abuse by one party of its superior bargaining position in its dealings with the other party.[3] Application In this case‚ Ji is an elderly man and has difficulty in understanding English. He has had no business experience himself. The manager of XZA Bank is aware that Ji has no other assets and is dependent on the old age pension for all living expenses then still persuades Ji to sign the mortgage contract immediately without informing Ji of the consequences
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Research Paper: The law laid down in Soloman v. Soloman and Co. is often considered the source on the basis of which the jurisprudence of corporate personality has been written world over. However‚ the history of corporate-commercial litigation has witnessed situations where in the Courts have gone beyond the corporate cloak and analyzed the working and the motives of the members or directors of the company: In doing the same‚ the Courts have evolved the concept of lifting or piercing the
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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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Common law and equity: the reasons behind the creation of equity. What is it and how is it different from common law? What is the present relationship between common law and equity? Methodology In order to provide a broader image of the principles applied by equity and the common law‚ secondary research was carried out. The process involved both gathering information from the internet websites and Business Law textbooks. Findings The development of English
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Assignment Submission Form Module Name | Commercial and Company Law in Semester 2. | Name of Lecturer | Sheila McCarthy | | | Title of Assignment | Law CA Semester 2 -2013 | | | | | Campus | LIT Tipperary Thurles | Course | Bachelor Of Business Level 7 | Student ID(s) | P10011462 | Name of Student(s) | Martin G Lynch | Date | 13/03/13 | Word Count | 2004 | I declare that no element of this assignment has been plagiarised: Student Signature | | “An Agent is
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THE LAW OF BUSINESS ORGANIZATIONS CHAPTER 4 – Piercing the Corporate Veil Minne B Berkey v Third Avenue Railway Company Overview: This is a New York Court of Appeals decision in 1926 adjudicated by the legendary Justice Cardozo. In this seminal case on ‘piercing the corporate veil’‚ the Court of Appeals finds in favor of the Defendant‚ Third Avenue Railway Company. The Court holds that Third Avenue‚ the parent company of Forty-second Street Company‚ which operated a rail line upon which the
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MALAYSIA SABAH KAMPUS ANTARABANGSA LABUAN BUSINESS LAW ASSIGNMENT Date of submission: 4th of April Lecturer: Madam Yanti Ahmad Shafiee Name of Course: Business Law (GT01103) 2. Describe the Malaysian legal system. Give your opinion as to its role in assisting Malaysian government in running the country. As an introduction‚ Law is a system of rules and guidelines which are enforced through social institutions to govern behavior. The aim of law is to attain justice and to encourage
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TUTORIAL 2 1. Ali and Abu were neighbours. Ali had to go to Singapore for a business seminar. Before he left‚ he told Abu “Please look after my house”. After two weeks of being away‚ Ali’s house caught fire and Abu could only save a briefcase containing RM30‚000. When Ali returned home‚ he thanked Abu for saving his briefcase and promised he would pay Abu RM2‚000 for what he had done. Later‚ Ali refused to pay what he had promised. Advise Abu. Referring to section 2(d) of Contracts Act1950
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