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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Sale of Goods Contract The issues in this case is -- what is the governing law? -- Does CISG apply? -- Is there a breach of contract by (seller) as regards to (a) Delay of delivery (b) quality if wines? -- What are the remedies available to (buyer)? 1. Is there a choice of law clause? ( Yes – Australian is the governing law ) ( No- where there is no choice of law clause in the sale contract‚ courts will choose the law of nation which has the ‘ closest and most real link to the contract- The forum
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Running Head: TORTS AND CONTRACT LIABILITIES AND WAYS TO AVOID THEM Potential Torts and Contract Liabilities And Different Ways to Avoid Them Abstract People who do business as a sole proprietor or in a partnership are liable for the torts committed by them and for torts committed by the business and its agents. The best way to avoid tort liability is to set establish their business as a corporation or a limited liability company. A corporation or limited liability
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Evaluate the Effectiveness of Law Reform in Australia Law Reform in Australia is effective in varying degrees. Through Native Title Reform and Law Reform in Sport‚ the effectiveness of Law Reform in Australia is further outlined. The term ‘Native Title’ refers to the right of Indigenous people to their traditional land. In Australia it has a legal significance of the right to an area of land‚ claimed by people whose ancestors were the original inhabitants of the land before European settlement
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from the hard drive all Mr Johnson personal information can get stolen and used on illegal activities and this is very unethical and unmoral from Larry. Computer World will be liable for Larry’s actions by Vicarious Liability – LAW (When a person is held responsible for the tort of another even though the person being held responsible may not have done anything wrong. This is often the case with employers who are held vicariously liable for the damages caused by their employees) 3. What should
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system includes laws that are developed from two sources: common law and statutory law. Common law is created by judges in a court hierarchy‚ using an approach called the doctrine of precedent. Statutory law is law written in parliament by the leaders of the country or state‚ depending on where the power to legislate lies. Both common law and statutory law are components of substantive law‚ which concerns the actual content of law and procedural law‚ which concern the way in which law is constructed
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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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Business Law Tutorial 11 1. [ Refer notes - creation of agency ] 2. [ Refer notes - Duties of Agent to Principal ] 3. [ Refer notes - Duties of Principal to his Agent ] 4. 4 remedies available: Principal may repudiate the contract - Section 168 Contracts Act‚ 1950 Principal may recover the bribe from agent - Section 169 Contracts Act‚ 1950 Principal may refuse to pay commission to Agent Principal may dismiss agent for breach of duty 5. [ Refer notes - Termination
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and consent by the other so to act”. A party who employs another person to act in his behalf and subject is called a Principal. A party who agrees to act on behalf of another is called an Agent. Agency is governed by a large body of common law known as agency law. Eg: A real estate broker who is employed to sell a house. 2. What are the duties of a Principal to its Agent? A Principal owes following duties to its agent: * Duty to compensate: A principal owes a duty to compensate an agent
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Entertainment Law Note 1 – 10/19/2013 Law: Recognize issues‚ as you hone your craft and run your business. Caveat: Watch out! Be careful. What it’s not Risk management: To e proactive‚ but not reactive: when you react about something‚ it’s too late. Realize the things early than others and avoid the bad things happening. Producers are performing as attorneys. Producers are the head of the film. Will be asked lot of questions‚ should know all the answers. Filmmakers should know that
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