Text Reader Agency and Employment Law Dr. Jay-D Olivier INHOLLAND UNIVERSITY Diemen‚ Haarlem‚ Rotterdam Course Year 2010-2011 Term 5 Internal publication INHOLLAND University of Professional Education International Business Management Dr. Jay-D Olivier (BA Law‚ MA‚ D. Law‚ Ph.D) Contents Agency Law 3 Principal’s Duties to the Agent 18 Liability
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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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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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2012 – OCTOBER SEMESTER 2012 STUDENT NAME: CHU THI HONG TUYEN ID No.: 2448481 BMLW5103 – BUSINESS LAW ASSIGNMENT Question 1 Discuss the enforceability of an agreement which lacks consideration. Using legal authorities (relevant statutes and cases) to support your discussion. Answer: A valid contract is an agreement made between two or more parties that creates rights and obligations that are enforced by law. What does the consideration mean? And what does it effect to the agreement? Consideration
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went to court to sue the bank for a breach of contract. The breach was as a result of the good faith covenant and fair dealing. Additionally‚ she felt that the mortgage transaction was an example of unfair practice of violations in business under the unfair competition law of the state of California concerning unjust conversion and enrichment. On the basis of the second amended complaint‚ the bank had maintained the activity of procuring costly replacement insurance when mortgagors made a default on
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Questions Learning ResourcesTextbook: Business Law Seventh Edition‚ 2010 Henry R. Cheeseman Prentice Hall 1) According to Judge Jerome Frank‚ uncertainty in the law: a. is an unfortunate accident b. should be avoided whenever possible c. is of immense social value d. does not exist in the U.S. legal system 2) Which of the following is most consistent with the Natural Law School of jurisprudence? e. Law is based on moral and ethical principles
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ii. Stakeholder One: Congress (Democratic Party) Since Democratic Party is the one who proposed this law‚ most Democratic senators supported the medical device tax law. Obviously‚ this law will make the implementation of Affordable Care Act become more easier. The Affordable Care Act will be successfully only when government has enough money. Moreover‚ although many medical device manufacturers asserted that this tax is harmful to their businesses‚ these senators think that this tax just a small
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Class: SUD1 Business Law Assignment 2 Law of Tort and Negligence Business Law Assignment 2 Law of Tort and Negligence Memo To: Padmanaban Badri Narayanan. From: Doan Le Khanh Vy (Ivy). Regarding: Report On Common Law. Date: 9th December 2012. I am Ivy from class SUD11‚ Sunderland of University. I write this memo to you in order to aid you comprehend my work easier. I have spent a great deal of time for this assignment. This is the first time I study law‚ so there a great
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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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CURTIN COLLEGE BUSINESS LAW 1100 ASSIGNMENT TWO (30%) Part A - Four step process The case study which students are required to resolve using the four step process is set out below. Students are required to apply the relevant legal concepts and principles to analyse and solve the legal issues arising in the case study by explaining and applying their knowledge of the legal principles and rules arising in Australian legal system: topic four to five inclusive. Please note also that
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