it is a special expression showing a person’s willingness to negotiate. The issue of invitation to treat was discussed in the case of Fisher v Bell[1961] 1 QB 394 by the English Court of Appeal : “It is perfectly clear that according to the ordinary law of contract the display of an article with a price on it in a shop window is merely an invitation to treat. It is in no sense an offer for sale the acceptance of which constitutes a contract.”[1]. An
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Student ID: 11504809 Answer to question no.1 Issues After unforeseeably hitting drunk Mary and injury her (breaking her leg)‚ is Bob liable for Mary’s injury according to Torts? Can Sam sue Tom because he was stuck in traffic for the accident? Law When a party caused physical injury to some as long as the harm was foreseeable‚ a defendant is liable for all types harm suffered by a plaintiff‚ including those that were not foreseeable. This is known as the ‘Egg-shell skull’ rules. In Donoghue
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BUSINESS LAW ESSAY PLAN ➢ Acceptance must be communicated to be effective. ➢ Where the parties contemplate acceptance by mail‚ acceptance will be complete as soon as the letter is properly posted. Postal rule definition ➢ Actual communication versus constructive communication ➢ Actual acceptance (real) versus constructive acceptance (postal rule) (Graw p.89) ➢ Contract is an agreement which the law enforces. ➢ Contract law is the basis of business law ➢ Two main sources:
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Legal Environment of Business Class Notes 8/19/13 2 Branches of Law Civil vs. Criminal Civil Criminal Burden of Proof (quantum/amount of evidence) b.o.p is on plaintiff who initiates a civil action (51% preponderance of evidence - over 50% of the believable evidence is in the plaintiff’s favor) **Can have both Civil and Criminal in a trial burden of proving the defendant’s guilt is on the prosecution‚ and they must establish that fact beyond a reasonable doubt Remedies
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enforceable in law - social arrangements‚ for example‚ or contracts which offend against public decency and public policy and those which involve criminal activity. ‘A contract is an agreement giving rise to obligations which are enforced or recognised by law. The factor which distinguishes contractual from other legal obligations is that they are based on the agreement of the contracting parties.’ Treitel ‘A promise or set of promises which the law will enforce.’ Pollock ‘The law of contract
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By definition‚ Martial Law is the temporary superimposition of military government over civil government. This military-run government is put into place in the event of war or serious national emergencies. During such times‚ the military and its accompanying superiors take over the executive‚ legislative and judicial functions normally delegated to the civil government by virtue of its constitution. As a consequence‚ the writ habeas corpus‚ or the right of an individual in custody to be brought
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Common Law vs. Civil Law There are nearly 200 nations in the world‚ each with their own distinct legal system based on one of the four major legal systems: common law‚ civil law‚ socialist law‚ and religious law. The majority of countries today follow either common law or civil law. Here in the United States we practice common law‚ as opposed to countries like France and Germany‚ which practice civil law. There are several differences between these two legal systems‚ however‚ common law in the
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abrogation of the 1962 constitution of Uganda to constitutional development by critically looking at its impact on the doctrines of constitutionalism including independence of the judiciary‚ separation of powers‚ protection of human rights‚ rule of law as well as the role of the army to mention but a few. In 1964‚ according to Kristin Leefers A Worldwide Student Journal of Politics‚ discord within the UPC‚ as well as challenges from opposition parties threatened Uganda’s political development
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Role and Functions of Law LAW/421 November 3‚ 2014 Charles Hughes Role and Functions of Law “Law plays a significant role in the successful operation of business and society” (Bushman‚ 2007). Laws create order and allow a government to instruct citizens on what is acceptable behavior. These laws‚ better known as public laws‚ provide a clear set of rules for citizens to follow. What is Law? According to Melvin‚ law is defined as “a body of rules of action or conduct prescribed by controlling
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COMMON LAW V CIVIL LAW COMMON LAW(characteristics)for comparing or contrast purpose Common law systems are mostly found in former british colony and protectorate including US‚ it is less prescriptive than civil law system‚citizens are benefited by enactment and legislation in specific fields.more often are the implied terms usage. 1)represents the law of courts as expressed in judicial decision 2)based on precedents provided by past judicial decisions‚no written statues or prescribed texts
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