Fundamentals of Business Law. Summarized Cases. 8th Edition 24.4 Indications of Partnership – Norris v. Fontenot. In 1996‚ Stafford Fontenot‚ Steve Turner‚ Mike Montelaro‚ Joe Sokol‚ and Doug Brinsmade decided to go to Atlanta‚ Georgia‚ the site of the Olympic Games to sell Cajun food. They started the preparations about 6 month before‚ choosing “Prairie Cajun Seafood Catering of Louisiana” as their name. On May 19‚ they applied for a license with the designated department in Fulton County‚ Georgia
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an offer. According to section 13‚ "Tow or more persons are said to consent when they agree upon the same thing in the same thing in same sense." Thus‚ consent involves identity of minds in respect of the subject matter of the contract. In English Law‚ this is called ’consensus-ad-idem’. Contract act sec 14‚ is the which has been obtained by the free will of the parties. No pressure in the form of coercion fraud undue influence‚ mistake and misrepresentation in
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representation of fact. Public Trustee v Taylor Misrepresentation of law (distinction between law and fact is probably no longer supportable in Australia) If the law is fraudulently misstated‚ the representor would be held liable. It would be unconscionable to permit the plaintiff to gain from a fraudulent misrepresentation of law. The consequences and rights (results) should be the same between the making of fraudulent misrepresentation of law by which a party was induced to enter into a contract and from
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that until TP leased a flat overseas‚ he was a UK resident due to his strong ties and trips O/s was temporary Question of Fact Lysaght [CS 4.2] – Residency – Moved Abroad Frequency/regularity (1wk p/month) of his visits to UK along with strong business ties‚ plus original resident status was enough to
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70616: Australian Constitutional Law Final exam revision Contents What is in the exam? 4 Interpretation of the Constitution 5 Characterisation of the law 6 Subject matter powers - sufficient connection test 6 As in the Bank Nationalisation Case 6 As in Fairfax (1965) 6 As in Herald (1966) 6 As in Murphyores (1976) 6 In Re Dingjan (1995) 7 Purposive powers + - Reasonably appropriate and adapted test 8 Subject Matter Powers 9 The Race Power 9 Koowarta 9 Tasmanian Dams
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proprietor of the store‚ or the cleaner or the floor polish manufacturer The case states that Dylan incurred medical expenses due to slipping on the highly polished floor when shopping at Quills Department Store. This case applied to Australian common law‚ implied terms of negligence. The first issue is whether the proprietor of Quills Department Store is liable to Dylans injury. In order to determine‚ there are three steps must be satisfied. Firstly‚ if the proprietor owed a duty of care to Dylan need
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from a sudden event like: dumping‚ war‚ natural disaster‚ etc. However‚ in most of the cases‚ the exchange rate risk is considered as one of many business risks that companies have to anticipate and face. In this case‚ the event that the value of Swiss franc rose against the U.S. dollar‚ which reduced the profit of the importer‚ was just a popular business risk. Moreover‚ the effect of this currency fluctuation just reduced a half of the importer’s
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The Case of Avco Environmental Services Participant: Mohanrasu G Batch : PGXPM 10 Questions: What should Chantale do? What are the reasonable limits on loyalty to one’s employer? Would it make difference if Chantale had a position of greater authority? Would it make a difference if Chantale had scientific expertise? Chantale Leroux had reported to her immediate supervisor as soon as she got to know that the medical wastes are getting disposed of in municipal landfill. Immediate
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MEDICAL LAW NOTES Semester 1 2011 Compiled by Gabe and Will Contents Topic 1: Contract‚ Battery & Negligence In order to place medical law in its context‚ each of the potential actions for redress will be explored. Contract – Medicine as trade Existence of contract A contract is an agreement between two (or more) parties 3 elements required for a contract to exist Offer and acceptance (also called agreement) Consideration Intention to create legal relations In the context of a
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Describe the law relating to communication of proposals‚ their acceptance and their revocation. Section 2(a) of Indian Contract Act 1972 says that when a person signifies his willingness to do or to abstain from doing something to another‚ with a view to obtaining the assent of that another‚ he is said to make a proposal. Further‚ section 2(b) says that when the person to whom the proposal is made signifies his assent‚ the proposal is said to be accepted. The important point to note here is that
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