|School of Business | | |LAW/531 Version 6 | |Business Law | | | Course Description This course prepares students to evaluate the legal risks associated with business
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rescind contract * Fraud: type of misrepresentation that is committed knowingly‚ with the intent to deceive * Scienter (legal term to distinguish from innocent) * Liable for damages; possibly including punitive damages for the tort of deceit * Election of Remedies * Can’t rescind contract and sue for damages (some states make you elect‚ or chose) * Requirements for Rescission on the Ground of Misrepresentation * Should be used only when a person has been
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Why we have laws- The law is a legal set of rules that the government and courts have made for everyone to follow. Without laws‚ confusion and chaos would occur. In extreme cases of conflict‚ a state of anarchy would develop. The person with the most strength will start to dominate and the weak and helpless would suffer. However‚ when laws are enforced‚ a sense of order is created resulting in a society where everyone can live peacefully. Why laws change-? Societies’ perceptions have changed over
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Classification of Laws An important method of classifying law is according to the system in which it is created. • common law Rules of law created by the courts through judicial decisions. Courts “make law” as part of the process of deciding cases and controversies before them. The case law created in this process is based on a doctrine known as stare decisis. This doctrine is based on the notion that prior decisions provide guidance that should be followed in subsequent cases involving the
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law In law‚ a sentence forms the final explicit act of a judge-ruled process‚ and also the symbolic principal act connected to his function. The sentence can generally involve a decree of imprisonment‚ a fine and/or other punishments against a defendant convicted of a crime. Those imprisoned for multiple crimes‚ will serve a consecutive sentence (in which the period of imprisonment equals the sum of all the sentences)‚ a concurrent sentence (in which the period of imprisonment equals the length
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The respondent is unable to justify the violations of Section 8 and 10 of the canadian charter of rights and freedoms (charter) with regards to section 24 (2) of the charter. Section 24 (2) states that where in proceedings under section (1)‚ a court concludes that evidence was obtained in a manner that did not infringe or deny any rights of freedoms guaranteed by the charter‚ the evidence shall not be excluded if it is established that‚ having regard to all the circumstances‚ the admission of it
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that Martin is in the process of setting up his own business which will compete with Swimmingpool Co. In considering the facts above make some legal observations on the following: 1. Is Swimmingpool Co liable for Martin’s actions? On what basis in law would this be the case? Employers and Employees always have an agreement of mutual consent and it is legally binding on each of the party to strictly adhere with the set rules and regulations. Although‚ Martin must be sound enough to make wise decisions
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parties to a contract. A CPA firm is in privity with the client which it is serving‚ as well as with any third party beneficiary‚ such as a creditor bank named in the engagement letter (the contract between the CPA firm and its client). Under common law‚ if the auditors do not comply with
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The term "common law" originally derives from the 1150s and 1160s‚ when Henry II of England established the secular English tribunals. The "common law" was the law that emerged as "common" throughout the realm (as distinct from the various legal codes that preceded it‚ such as Mercian law‚ the Danelaw and the law of Wessex)[43] as the king’s judges followed each other’s decisions to create a unified common law throughout England. The doctrine of precedent developed during the 12th and 13th centuries
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Week Three Assignment Project 1 Onteria Kelley ITT Tech Online BU222 – Business Law and Regulation Dr. Carrie A. O’Hare November 10‚ 2011 Week Three Assignment Project 1 If Mary damages a client’s hair she would be held liable. According to our textbook‚ Mary would cause injury to the plaintiff. Mary was to provide a duty of care to the customer. She breached this duty of care “failure to exercise care or to act as reasonable person would act (Cheeseman‚ 2010‚ p. 81).” The reason I state
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