that are not directly marked as crimes and not arise out of contracts or statutes. Those acts are considered as civil wrongs and cause damages and injuries to individuals or businesses. These damages‚ injuries or wrongful acts are called tort. Tort is the area of law where in response to a private or civil wrong or injury the courts provide the remedy of allowing a lawsuit for those wrongs‚ injuries or damages. Thus‚ the goal of tort is to restore the victim to business or individual’s former condition
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LGEAL PERSONALITY Foss v Harbottle (1843) 67 ER 189 is a leading English precedent in corporate law. In any action in which a wrong is alleged to have been done to a company‚ the proper claimant is the company itself. This is known as "the rule in Foss v Harbottle"‚ and the several important exceptions that have been developed are often described as "exceptions to the rule in Foss v Harbottle". Amongst these is the ’derivative action’‚ which allows a minority shareholder to bring a claim on behalf
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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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3141438 Course: Employment Law Course Code: HRMT322v4 Due date: August 1st‚ 2013 Society is experiencing many conflicts between employers and their employees. Many issues arise due to blurred lines in employment contracts; if responsibilities and expectations are not clearly stated in the contract‚ the employer may face difficulties when or if an incident occurs (also known as implied terms). There is an imbalance of power between the employer and employee‚ however‚ the law does not intend to create
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BUSINESS LAW Oscar Kikoyo‚ Advocate Dip. Philosophy‚ LL.B (Hons)‚ MBA (IB) Executive Secretary‚ Surface & Marine Transport Consumer Council‚ NSSF Waterfront‚ P.O BOX 14154‚ Dar es salaam‚ www.sumatraccc.go.tz 4/9/2014 1 What is Business? • Business is a commercial activity engaged in as a means of livelihood or profit‚ or an entity which engages in such activities. 4/9/2014 2 What is Law? • Law is the body of rules designed to regulate human conduct within a given
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IMPROVING AUSTRALIA’S LAW AND JUSTICE FRAMEWORK A discussion paper to explore the scope for reforming Australian contract law 2012 © Commonwealth of Australia 2012 All material presented in this publication is provided under a Creative Commons Attribution 3.0 Australia (http://creativecommons.org/licenses/by/3.0/au/deed.en) licence. For the avoidance of doubt‚ this means this licence only applies to material as set out in this document.
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shares a state of citizenship with any defendant. See 28 U.S.C. § 1332(a). Diversity jurisdiction is one of the two main types of subject-matter jurisdiction in federal court. Definition from Nolo’s Plain-English Law Dictionary The power of the federal courts to decide civil disputes between citizens of different states‚ provided the amount the plaintiff seeks in damages exceeds an amount set by Congress (currently $75‚000). The so-called citizens may include companies incorporated or doing business
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(the law of the place of conclusion of the marriage). This rule is founded firmly in Roman-Dutch law and entrenched in South African case law. ( Exception: S 10 of the Marriage Act 25 of 1961 makes provision for South African diplomatic and consular officers to solemnise marriages between South Africans in the countries in which they are stationed. Such embassy marriages are deemed to have been concluded in South Africa and their formal validity is thus governed by South African law (as the
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under a contract of employment in contrast to another type of contract is extremely important. The vicarious liability of an employer is a liability linked to an employee’s actions in the course of course of employment. This liability does not apply to workers who are contractors. Legislative protections often depend on the worker being an employee. In order for Jane to determine the true nature of her contractual relationship with Total Mechanic Management Services Pty Ltd (TMMS)‚ the law applies
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EDUCATION B B A (II YEAR) PAPER 2.4 BUSINESS LAW Paper 2.2 Commercial Law : Business Law Indian Contract Act 1872 : Meaning and essentials of a valid contract Formation of contract – Performance of contract – Termination and discharge of contract – Remedies for breach of contract – Quast contract Special Contracts : Indemnity of guarantee – Bailment – Agency Sale of Goods Act‚ 1930 : Contract of sale – Conditions and warranties – Transfer of property – Performance
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