1) Tender of performance is another term for completion of performance. Answer: FALSE Diff: 1 Topic: Substantial Performance: Minor Breach 2) Substantial performance constitutes a minor breach of the contract. Answer: TRUE Diff: 2 Topic: Substantial Performance: Minor Breach 3) When there is substantial performance of a contract with a minor breach‚ the other nonbreaching party may sue to recover the cost to repair the defect. Answer: TRUE Diff: 1 Topic: Substantial Performance:
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documents and to restrain from conducting any further illegal searches and seizures -- Documents seized by officers of Australian Customs Service with the help of officer of Royal Customs‚ Malaysia -- Whether High Court can grant relief by way of injunction in criminal cause or matter -- Plea of sovereign immunity -- Doctrine of restrictive immunity -- Acts not done within trading or commercial activity of foreign state -- Doctrine of sovereign immunity applicable International Law -- Foreign states
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mark "SUGAR FREE”. So naturally‚ plaintiff prays for an interim injunction in order to restrain the defendant from using the expression "Sugar Free" on any of the products manufactured by the defendant as the plaintiff states that by using the expression "Sugar Free" on its products‚ the defendant is passing off its goods with that of the plaintiff. The plaintiff pleads to restrain such alleged passing off by way of a permanent injunction in the suit against the defendant. Issues Involved Whether
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Introduction The rises in international trade over the last few decades lead to the boost in popularity of Letters of credit as a payment instrument. The considerable time lag between when the goods leave the country of the seller and reach the country of the buyer meant that the traditional methods of payment used in the case of domestic transactions were unsuitable. Two critical features of the letters of credit‚ resulted in it being considered as the best alternative. 1. The principle of Autonomy
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and anecdotal evidence‚ this thesis evaluates the treatment of male victims of intimate partner violence in the legal system. Evidence shows that gender bias exists and can affect battered men in numerous ways. Male petitioners seeking protective injunctions‚ prosecution of their violent partners‚ and resources‚ such as treatment‚ counseling‚ or shelter‚ often face discrimination against men. By raising awareness to domestic violence committed against men‚ this thesis aims to contribute not only to
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BREACHING A CONTRACT First What is a Contract? A Contract is defined as a binding agreement between two or more persons or parties; Especially; One legally enforceable. When signing a contract the person signing signs the contract‚ to render services for a certain amount of time or for a certain amount of material‚ which is labeled a term in the agreement. In every contract there are certain duties and rules that are to be followed and obeyed. When disobeyed or rules are broken then that leads
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varies with the length of the Chancellor’s foot”. Equitable remedies are discretionary‚ they are only allowed if the common law remedies are plainly inadequate. Equity introduced a few remedies which the common law could not provide. These include injunctions‚ specific performance‚ rescission and rectification. Equity was not a complete system of law‚ it merely filled the gaps in the common law and softened the strict rules of common law. The two systems of common law and equity operated quite separately
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“Imagine” without permission of the plaintiffs‚ who own the copyright to the song. The Lennons have moved for a preliminary injunction prohibiting the continued distribution of the movie in its present form and a recall of the existing copies. That motion is denied because plaintiffs have failed to meet the standard required for a court to grant a preliminary injunction. They have not shown a clear likelihood of success on the merits because‚ on the basis of the current record‚ defendants are likely
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LAW ASSESSMENT 2 PART A: Question 1: 1. Kenny and Duke must register this business name. According to the Business Names Act‚ 2002‚ the legislation states that it is compulsory to register a business name where a person‚ including a company‚ wishes to use a name other than their own. 2. To register a business name‚ the owner or owners must submit an application form and pay the prescribed fees to the appropriate government agency. In New South Wales‚ it is called the Office of Fair Trading
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FE1 EQUITY & TRUSTS NIGHT BEFORE NOTES 8 Key Topics for Revision • • • • • • • • Maxims Injunctions‚ particularly Interlocutory Quia Timet Injunctions and Anton Piller Orders Rescission Secret Trusts Charitable Trusts Resulting Trusts Trusteeship Tracing 1. MAXIMS This topic is usually examined as one part of a three part question‚ where candidates have to attempt two parts. It has always been a straightforward essay style question. In some years‚ the Examiner asked about their contemporary relevance
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