Law in context of business homework

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Law in context of business The Canadian Charter of rights and freedoms is a very important document since its inception in April 1982. This is because prior to the enforcement of the Charter of rights, the rights and freedoms of Canadians were protected by various laws that included the bill of rights (1960).
However these laws were nor part of the constitution thus they lacked the permanence and the supremacy of the Charter. The bill of rights was also not sufficient in that it only applied to the federal laws and not the provincial laws.
The Charter therefore demonstrates its importance in that it protects the Canadians against the state and also gives protection to the minorities against the majorities in the parliament.
As to the balance the Charter provides to the rights of the businesses and the individual against the government legislation,
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As to the balance the Charter provides to the rights of the businesses and the individual against the government legislation, the Charter is supreme of the parliament legislations and an entrenchment to the Constitution therefore taking precedence in any decision made in regard to the rights and freedoms of the Canadians.
This is because the government may have the intention to control the conveyance of meaning by restricting the expression content or through the restriction of some forms of expression, the government would be limited by the guarantee provided by the Charter.
The section 1 of the Charter is of great importance that as it provides the rights and freedoms that are guaranteed by the Charter,
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http://www.bestlibrary.org/ss11/files/charterguide.pdf 82%
http://mapleleafweb.com/features/canadian-charter-rights-and-freedoms-introduction-charter-rights 82%
http://classes.uleth.ca/200901/mgt3010a/3010 Charter of Rights and Freedoms 2009.doc 91%
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The section 1 of the Charter is of great importance that as it provides the rights and freedoms that are guaranteed by the Charter,
such rights and freedoms are subjected to reasonable limited as per the prescriptions of the law and as much as it can be demonstrably be justified in a free and democratic society.
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such rights and freedoms are subjected to reasonable limited as per the prescriptions of the law and as much as it can be demonstrably be justified in a free and democratic society.
This means that in a situation where there is infringement of the Charter rights,
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This means that in a situation where there is infringement of the Charter rights,
the decision is left to the courts to establish whether such infringements or violations are justifiable and/or worthy of consideration.
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the decision is left to the courts to establish whether such infringements or violations are justifiable and/or worthy of consideration.
The Charter contains list prohibited grounds in regard to discrimination as opposed to the human rights commissions which are restricted to grounds of discrimination as enumerated in their governing legislations.
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The Charter contains list prohibited grounds in regard to discrimination as opposed to the human rights commissions which are restricted to grounds of discrimination as enumerated in their governing legislations.
For instance, in the case of Haig v Canada (1992) in the Ontario Court of Appeal,
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For instance, in the case of Haig v Canada (1992) in the Ontario Court of Appeal,
the Human Rights Act did not prohibit discrimination against a person on the basis sexual orientation.
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the Human Rights Act did not prohibit discrimination against a person on the basis sexual orientation.
In this regard,
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In this regard,
the Court of Appeal in Ontario acted on the general acceptance of the premise that sexual orientation is not one of the enumerated grounds of discrimination that were protected under section 15 of the Charter and therefore it was found that the limitation of the Canadian Human Rights Act to providing homosexuals with the necessary avenues when discriminated against,
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the Court of Appeal in Ontario acted on the general acceptance of the premise that sexual orientation is not one of the enumerated grounds of discrimination that were protected under section 15 of the Charter and therefore it was found that the limitation of the Canadian Human Rights Act to providing homosexuals with the necessary avenues when discriminated against,
any member of the society was protected by the Charter and in this instance, the homosexuals were protected by the Charter under section 15 of the Charter.
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any member of the society was protected by the Charter and in this instance, the homosexuals were protected by the Charter under section 15 of the Charter.
In the case of Joe (The Finny Friends), he managed to obtain a license sell liquor in his bar.
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In the case of Joe (The Finny Friends), he managed to obtain a license sell liquor in his bar.
The problems facing Joe started when he infringed the provisions of the license in regard to the limitations of capacity for which he was allowed to have is his bar.
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The problems facing Joe started when he infringed the provisions of the license in regard to the limitations of capacity for which he was allowed to have is his bar.
Section 12(1) of the Liquor License Act provides that maximum capacity of the premises must he in tandem with the provision of the Building Act.
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Section 12(1) of the Liquor License Act provides that maximum capacity of the premises must he in tandem with the provision of the Building Act.
Section 12(2) of the Liquor license Act provides that the maximum capacity of the premises that is not controlled under the Building Code Act,
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Section 12(2) of the Liquor license Act provides that the maximum capacity of the premises that is not controlled under the Building Code Act,
the capacity may be determined by the provisions of Fire Protection and Prevention Act, 1997.
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https://www.canlii.org/en/on/laws/stat/so-1997-c-4/latest/so-1997-c-4.html 80%
http://duttondunwich.on.ca/sites/duttondunwich.on.ca/files/By-law to establish a fire department (clean copy for client as amended by SMO March 26 14) final copy.pdf 80%
http://www.greatermadawaska.com/doc/Municipality/Permits/Bylaws/2014/11-2014 Establish a Fire Department.pdf 80%
http://council.london.ca/CouncilArchives/Reports and Minutes/Community and Protective Services Reports/CPSC Reports 2006/2006-09-25 Report/item1.pdf 90%
http://nipissingtownship.com/web/wp-content/uploads/2006/05/2010-16-Establishing-A-Fire-Department.pdf 90%
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the capacity may be determined by the provisions of Fire Protection and Prevention Act, 1997.
Section 12(3) provides that where the Building Code Act and the Fire Protection Act does not apply as to the capacity of the premises,
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Section 12(3) provides that where the Building Code Act and the Fire Protection Act does not apply as to the capacity of the premises,
the maximum capacity allowed shall be 1.11 square meters per person shall apply.
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http://www.ilo.org/dyn/normlex/en/f?p=NORMLEXPUB:91:0::::P91_SECTION:MLC_A3 64%
https://www.health.ny.gov/regulations/nycrr/title_10/part_6/subpart_6-1.htm 64%
http://www.kwmasonichall.com/files/SpecialOccasionPermits.pdf 91%
https://www.owensound.ca/sites/default/files//uploaded-site-files/Municipal Alcohol Policy – Jan 10-14 Final.pdf 64%
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the maximum capacity allowed shall be 1.11 square meters per person shall apply.
In this regard, the capacity allowed for Joe’s bar was 30 patrons at a time which he violated with time.
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In this regard, the capacity allowed for Joe’s bar was 30 patrons at a time which he violated with time.
On the other hand, the business name ‘The Finny Friends’ is operating with someone else in Toronto in the same industry.
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On the other hand, the business name ‘The Finny Friends’ is operating with someone else in Toronto in the same industry.
This may be a violation of trademarks laws which means that the proximity within which Joe is operating his restaurant being reachable from Toronto could amount to confusion of customers.
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This may be a violation of trademarks laws which means that the proximity within which Joe is operating his restaurant being reachable from Toronto could amount to confusion of customers.
This also means that any issues raised about Joe’s restaurant could have an effect to The Finny Friends in Toronto,
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This also means that any issues raised about Joe’s restaurant could have an effect to The Finny Friends in Toronto,
which the lawyer from Toronto is trying to protect by ensuring that the controversial Joe’s restaurant does not operate in that name,
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which the lawyer from Toronto is trying to protect by ensuring that the controversial Joe’s restaurant does not operate in that name,
nor anything to that effect portrays any trademark or name that would suggest that such restaurant carries the name of The Finny Friends.
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nor anything to that effect portrays any trademark or name that would suggest that such restaurant carries the name of The Finny Friends.
In this case Joe has to comply with the directions of the lawyer since failure to comply may cause a prosecution for illegal use of trademark as well as civil case for breaches amounting to loss of customers and destroyed name of The Finny Friends that may result to a heavy compensation award.
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In this case Joe has to comply with the directions of the lawyer since failure to comply may cause a prosecution for illegal use of trademark as well as civil case for breaches amounting to loss of customers and destroyed name of The Finny Friends that may result to a heavy compensation award.
The restaurant can face hefty fines for infringing the provisions of section 12 of the Health Act which provides that every operator of food premises is required to ensure that the food provided on the premises is protected from contamination and is provided without a risk of spoilage.
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The restaurant can face hefty fines for infringing the provisions of section 12 of the Health Act which provides that every operator of food premises is required to ensure that the food provided on the premises is protected from contamination and is provided without a risk of spoilage.
The Canadian Law system Referring to the Courts system in Canada,
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The Canadian Law system Referring to the Courts system in Canada,
the Supreme Court of Canada is the highest Court of the land with a jurisdiction across the entire Canada and over matters whether constitutional, civil, criminal or any other area of law.
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the Supreme Court of Canada is the highest Court of the land with a jurisdiction across the entire Canada and over matters whether constitutional, civil, criminal or any other area of law.
Section 52 of the Constitution Act expresses the constitutional supremacy in that any law that is not consistent with the constitution has no force or effect, to the extent of the inconsistency.
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Section 52 of the Constitution Act expresses the constitutional supremacy in that any law that is not consistent with the constitution has no force or effect, to the extent of the inconsistency.
The supreme court of Canada hears and makes decision over appeals from all other courts in the Canada and also hears appeals from the British Columbia court.
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The supreme court of Canada hears and makes decision over appeals from all other courts in the Canada and also hears appeals from the British Columbia court.
The court does not hear or consider any new or additional evidence provided for the case but lays its argument to the decision of the preceding judges’ arguments against the evidence contributing to the judgment reached.
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The court does not hear or consider any new or additional evidence provided for the case but lays its argument to the decision of the preceding judges’ arguments against the evidence contributing to the judgment reached.
The decision of the Supreme Court is final and cannot challenged in any other Court. Upon this premise,
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The decision of the Supreme Court is final and cannot challenged in any other Court. Upon this premise,
the decisions of the supreme court applies to all other subordinate Courts in Canada meaning that a decision by the Supreme Court can be used by the subordinate courts when deciding on similar cases.
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http://dc.ingham.org/GlossaryofLegalTerms.aspx 65%
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the decisions of the supreme court applies to all other subordinate Courts in Canada meaning that a decision by the Supreme Court can be used by the subordinate courts when deciding on similar cases.
It is the only court allowed to overturn a decision made by it. The stare decisis therefore applies both vertically and horizontally.
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It is the only court allowed to overturn a decision made by it. The stare decisis therefore applies both vertically and horizontally.
The vertical application of stare decisis is useful in the context that all the federal and provincial courts which are essentially under the Supreme Court of Canada are bound by the decisions of the Supreme Court.
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The vertical application of stare decisis is useful in the context that all the federal and provincial courts which are essentially under the Supreme Court of Canada are bound by the decisions of the Supreme Court.
Since the Supreme Court of Canada has an appellate jurisdiction over the appeals from the British Columbia Court,
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Since the Supreme Court of Canada has an appellate jurisdiction over the appeals from the British Columbia Court,
the horizontal application of the stare decisis therefore applies the British Columbia Court thus binding the British Columbia Court to the decisions made at the Supreme Court of Canada.
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http://pi.library.yorku.ca/ojs/index.php/sclr/article/viewFile/36525/33190 79%
http://en.wikipedia.org/wiki/Precedent 63%
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http://www.mondaq.com/canada/x/270136/Constitutional Administrative Law/Stare Decisis And Constitutional Supremacy Will Our Charter Past Become An Obstacle To Our Charter Future 63%
http://papers.ssrn.com/sol3/Delivery.cfm/SSRN_ID1440086_code345996.pdf?abstractid=1440086&mirid=1 74%
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the horizontal application of the stare decisis therefore applies the British Columbia Court thus binding the British Columbia Court to the decisions made at the Supreme Court of Canada.
The sense in this matter is,
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The sense in this matter is,
since a decision or ruling the highest appellate court of British Columbia can be challenged through the application of the appeal to the Supreme Court of Canada then the supremacy of the decisions of the Supreme Court of Canada becomes applicable and relevant to the application of the stare decisis by the British Columbia Courts.
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since a decision or ruling the highest appellate court of British Columbia can be challenged through the application of the appeal to the Supreme Court of Canada then the supremacy of the decisions of the Supreme Court of Canada becomes applicable and relevant to the application of the stare decisis by the British Columbia Courts.
The same case applies to Appeal Court of Alberta.
http://en.wikipedia.org/wiki/Court_system_of_Canada 83%
http://www.riskandcrisismanagement.com/2014/09/two-recent-alberta-court-cases-re-emphasize-the-desirability-of-securities-enforcement-options/ 67%
https://albertacourts.ca/provincial-court/civil-small-claims-court/civil-claim-process/appeals 67%
http://www.lexisnexis.com/help/global/CA/en_CA/docview_citatordoctips.asp 83%
The same case applies to Appeal Court of Alberta.
This is because Alberta is the western province of Canada and the provincial Courts are subordinate to the Supreme Court of Canada and are bound by the decisions of the Supreme Court.
http://scc-csc.lexum.com/scc-csc/scc-csc/en/item/1643/index.do 71%
http://www.uwindsor.ca/law/student-services-office/sites/uwindsor.ca.law.student-services-office/files/Part IV – The Canadian Legal System.pdf 71%
https://law.duke.edu/lib/researchguides/canadian/ 65%
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http://www.sfu.ca/~aheard/221/221_class_sched.html 65%
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This is because Alberta is the western province of Canada and the provincial Courts are subordinate to the Supreme Court of Canada and are bound by the decisions of the Supreme Court.
On the fact that the matter raised in R. v Banks is a constitutional matter,
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http://en.wikipedia.org/wiki/High_Court_of_Australia 63%
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http://www.cba.org/cba/pdf/2002-02-15_case.pdf 63%
http://constitution.findlaw.com/article3/annotation14.html 63%
http://ir.lawnet.fordham.edu/cgi/viewcontent.cgi?article=1232&context=jcfl 75%
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On the fact that the matter raised in R. v Banks is a constitutional matter,
thus any effect such a ruling would have would affect the constitution and thus the whole land of Canada and everyone else who is bound by the provisions of Constitution.
http://www.supremecourt.gov/opinions/07pdf/07-290.pdf 67%
http://www.academia.edu/1251655/Pena_on_Registration_of_Land_Titles_and_Deeds 62%
http://www.gutenberg.org/files/815/815-h/815-h.htm 62%
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thus any effect such a ruling would have would affect the constitution and thus the whole land of Canada and everyone else who is bound by the provisions of Constitution.
Therefore all the courts,
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http://www.courts.state.co.us/Courts/Supreme_Court/Directives/05-03 revised 6-27-14.pdf 67%
http://europa.eu/legislation_summaries/institutional_affairs/decisionmaking_process/l14552_en.htm 100%
http://www.historylearningsite.co.uk/supreme_court.htm 100%
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Therefore all the courts,
whether the provincial or federal would have to adopt the ruling of the Supreme Court and would be bound to use the decision of the Supreme Court in any other rulings that are related to the case of R.
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whether the provincial or federal would have to adopt the ruling of the Supreme Court and would be bound to use the decision of the Supreme Court in any other rulings that are related to the case of R.
v Banks.
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v Banks.
Understanding and mitigating risk in business The Pitt-Meadows had the responsibility to the public in the nature of their undertaking which demands the Pitt-Meadows should have felt the responsibility to act as required by the law and as a reasonable person would have been expected to do in a similar situation.
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Understanding and mitigating risk in business The Pitt-Meadows had the responsibility to the public in the nature of their undertaking which demands the Pitt-Meadows should have felt the responsibility to act as required by the law and as a reasonable person would have been expected to do in a similar situation.
The Pitt-Meadows should exercise proper management skills to reduce and if possible to eliminate any tort liability that they are exposed to as regards their duty to the public and workers at the meat plant.
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The Pitt-Meadows should exercise proper management skills to reduce and if possible to eliminate any tort liability that they are exposed to as regards their duty to the public and workers at the meat plant.
The company is one of the largest meat processing plants in the British Columbia and therefore their responsibility in this regard is also big.
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The company is one of the largest meat processing plants in the British Columbia and therefore their responsibility in this regard is also big.
The mistake done by the manager of Pitt-Meadows in the first place is to disregard the information given by Daniel Land about the finding of E.
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The mistake done by the manager of Pitt-Meadows in the first place is to disregard the information given by Daniel Land about the finding of E.
coli test results that tested positive. The expectation in such a situation is that the company management would make sure that for such a finding, the Canadian Food Inspection Agency is informed.
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coli test results that tested positive. The expectation in such a situation is that the company management would make sure that for such a finding, the Canadian Food Inspection Agency is informed.
However the management decided to cover-up the findings which regarded by the CFIA as serious breach of regulations.
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However the management decided to cover-up the findings which regarded by the CFIA as serious breach of regulations.
The fact that subsequent tests carried out later did not test positive for the E.
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The fact that subsequent tests carried out later did not test positive for the E.
coli, such fact does not replace the obligation or duty the Pitt-Meadows had to inform the CFIA.
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coli, such fact does not replace the obligation or duty the Pitt-Meadows had to inform the CFIA.
The fact that no illness had been reported in relation to the findings claimed by the Daniel Land does not eliminate the possibility of the harm being suffered by the consumers of the products nor does it remove the liability from the shoulders of Pitt-Meadows.
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The fact that no illness had been reported in relation to the findings claimed by the Daniel Land does not eliminate the possibility of the harm being suffered by the consumers of the products nor does it remove the liability from the shoulders of Pitt-Meadows.
The Pitt-Meadows is responsible for ensuring the quality of the meat that is supplied to the public for human consumption.
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The Pitt-Meadows is responsible for ensuring the quality of the meat that is supplied to the public for human consumption.
The management is expected to ensure that quality assurance about the products is carried out diligently and the report henceforth produced should be communicated to the relevant authorities as required by the law.
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The management is expected to ensure that quality assurance about the products is carried out diligently and the report henceforth produced should be communicated to the relevant authorities as required by the law.
The company should ensure that at no time should anyone accused of negligence to carry out their duties and responsibilities as required by the law.
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The company should ensure that at no time should anyone accused of negligence to carry out their duties and responsibilities as required by the law.
Failure to notify the CFIA of the test results could amount to intentional tort because such overlook and disregard to the test could lead to damaging other persons.
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Failure to notify the CFIA of the test results could amount to intentional tort because such overlook and disregard to the test could lead to damaging other persons.
Though the company recalled the products that had been produced in that time, the liability still applied because of their breach of fundamental regulations.
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Though the company recalled the products that had been produced in that time, the liability still applied because of their breach of fundamental regulations.
The company may also be seen to have a strict liability with them in that since it is known that meat can be infected by E.
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The company may also be seen to have a strict liability with them in that since it is known that meat can be infected by E.
coli any time, and it cannot be their intention to supply meat that has been found to have the E.
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coli any time, and it cannot be their intention to supply meat that has been found to have the E.
coli, it is the companies duty to do all that is within their means to ensure that such a thing does not happen at any one time.
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coli, it is the companies duty to do all that is within their means to ensure that such a thing does not happen at any one time.
Dispute Resolution in business The perception about the use of Alternative Dispute Resolution mechanisms as satisfying and settling methods has not been properly embraced across the world especially in regard to businesses where competition is high.
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Dispute Resolution in business The perception about the use of Alternative Dispute Resolution mechanisms as satisfying and settling methods has not been properly embraced across the world especially in regard to businesses where competition is high.
As cited in cases of Research in Motion (RIM) and NTP Ltd as well as in Apple and Sumsung,
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As cited in cases of Research in Motion (RIM) and NTP Ltd as well as in Apple and Sumsung,
it is a clear revelation of how the court battles may be tiresome, time consuming,
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it is a clear revelation of how the court battles may be tiresome, time consuming,
costly and probably not satisfying in that a satisfying settlement may not be reached in the court room.
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costly and probably not satisfying in that a satisfying settlement may not be reached in the court room.
In the case of NTP and RIM, the case had very similar characteristics as to those in the Apple v Sumsung.
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In the case of NTP and RIM, the case had very similar characteristics as to those in the Apple v Sumsung.
It can be deduced that the case of NTP and RIM may have continued and taken as much time as the case of Apple and Sumsung but the ADR between them and the settlement on the amount that RIM was to be paid by NTP rendered the case to a close.
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It can be deduced that the case of NTP and RIM may have continued and taken as much time as the case of Apple and Sumsung but the ADR between them and the settlement on the amount that RIM was to be paid by NTP rendered the case to a close.
The Apple-Sumsung case is a highly contentious public lawsuit that has seen about 50 filings in about 10 countries.
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The Apple-Sumsung case is a highly contentious public lawsuit that has seen about 50 filings in about 10 countries.
The disputed started when Apple sued Sumsung for copying the iPad and iPhone for its Galaxy products.
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The disputed started when Apple sued Sumsung for copying the iPad and iPhone for its Galaxy products.
The premise is that Sumsung copied the appearance features used by Apple Technology. The Sumsung then counter-sued Apple for violating certain data communication technology belonging to Sumsung.
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The premise is that Sumsung copied the appearance features used by Apple Technology. The Sumsung then counter-sued Apple for violating certain data communication technology belonging to Sumsung.
The idea that the dispute resolution was ordered by the Court may have contributed to the lack of settlement between Apple and Sumsung.
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The idea that the dispute resolution was ordered by the Court may have contributed to the lack of settlement between Apple and Sumsung.
It can be viewed that the mechanism is not ensuing is being taken as an option while waiting the verdict of the court.
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It can be viewed that the mechanism is not ensuing is being taken as an option while waiting the verdict of the court.
The courts may require to emphasise the importance of having the two companies come to an agreement through a discussion not only to save the time that might be taken by the two companies in settling the dispute but also the costs associated with the suit.
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The courts may require to emphasise the importance of having the two companies come to an agreement through a discussion not only to save the time that might be taken by the two companies in settling the dispute but also the costs associated with the suit.
Apple had made arguments that the founder of Apple, Steve Jobs had agreed to a settlement with Sumsung because of the historical and business ties the two companies have had.
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Apple had made arguments that the founder of Apple, Steve Jobs had agreed to a settlement with Sumsung because of the historical and business ties the two companies have had.
However the two companies had only resulted to blaming each other over issues they had instead of focusing on coming up with an amicable solution.
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However the two companies had only resulted to blaming each other over issues they had instead of focusing on coming up with an amicable solution.
The two companies have worked together on many occasion and have benefited each other in various ways. For example Sumsung has been a key provider for many products to Apple.
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The two companies have worked together on many occasion and have benefited each other in various ways. For example Sumsung has been a key provider for many products to Apple.
From this perspective the companies are bound to lose a lot in case the two companies to not come to an agreement.
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From this perspective the companies are bound to lose a lot in case the two companies to not come to an agreement.
The losses may include soured relationship between the companies, thus may not be able work together in future even in projects that could be of benefit to both companies.
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The losses may include soured relationship between the companies, thus may not be able work together in future even in projects that could be of benefit to both companies.
The companies may also suffer increased costs to both the companies as manufacturers and also to the customers of their products.
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The companies may also suffer increased costs to both the companies as manufacturers and also to the customers of their products.
Loss of customers due to increased cost of products may lead to lost goodwill in the companies’ products and a subsequent advancement and market take-over by rival companies.
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Loss of customers due to increased cost of products may lead to lost goodwill in the companies’ products and a subsequent advancement and market take-over by rival companies.
The companies risk stagnating innovation which is a key element in the advancement of technology which forms the backborn of the two companies.
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The companies risk stagnating innovation which is a key element in the advancement of technology which forms the backborn of the two companies.
The public law suits may have adverse effects to the market share of the companies involved leading to decline in stock exchange strength of the companies in many countries.
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The public law suits may have adverse effects to the market share of the companies involved leading to decline in stock exchange strength of the companies in many countries.
It is therefore advisable for Sumsung,
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It is therefore advisable for Sumsung,
and also for Apple to embrace Alternative Dispute Resolution which would be of great benefit and save the company from costs and other associated repercussions of the lawsuits.
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and also for Apple to embrace Alternative Dispute Resolution which would be of great benefit and save the company from costs and other associated repercussions of the lawsuits.
Forming Contractual Relationship Mr Williams saw an advertisement for which only amounts to a preliminary negotiation which should be distinguished from an offer to sell.
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Forming Contractual Relationship Mr Williams saw an advertisement for which only amounts to a preliminary negotiation which should be distinguished from an offer to sell.
An advertisement is usually a demonstration by the offerer to form a contractual relation.
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An advertisement is usually a demonstration by the offerer to form a contractual relation.
It therefore means that a contract is not formed when Mr Williams confronts the Superior Used Cars Ltd for the model car.
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It therefore means that a contract is not formed when Mr Williams confronts the Superior Used Cars Ltd for the model car.
A contract is not formed when a prospective buyer responds to the terms such as displayed on an item as in the case of Mr Williams because such terms are merely requests for an offer to contract.
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A contract is not formed when a prospective buyer responds to the terms such as displayed on an item as in the case of Mr Williams because such terms are merely requests for an offer to contract.
The ideas behind this scenario is that so many prospective buyers may have noticed the same offer and may have approached the seller meaning that in such a situation where the seller has limited quantity of the offered items which may not satisfy all the prospective buyers who may have noticed the item or good.
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The ideas behind this scenario is that so many prospective buyers may have noticed the same offer and may have approached the seller meaning that in such a situation where the seller has limited quantity of the offered items which may not satisfy all the prospective buyers who may have noticed the item or good.
A prices tag, advertisement or even a catalogue are viewed as only invitations to the potential buyer to make an offer and therefore they do not represent an offer themselves.
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A prices tag, advertisement or even a catalogue are viewed as only invitations to the potential buyer to make an offer and therefore they do not represent an offer themselves.
The reasoning of the court is that the seller is likely to have limited stock to satisfy the demand for the item rising from a catalogue,
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The reasoning of the court is that the seller is likely to have limited stock to satisfy the demand for the item rising from a catalogue,
price quotations or advertisements which would make it unreasonable for the potential customers to expect that such quotation forms a binding contract by just responding to the quotation which is essentially intended to create awareness to the potential customers.
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price quotations or advertisements which would make it unreasonable for the potential customers to expect that such quotation forms a binding contract by just responding to the quotation which is essentially intended to create awareness to the potential customers.
The courts may also hold that such a situation refers to a unilateral contract that is liable to cancellation or revocation by the offeror before the performance of its terms.
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The courts may also hold that such a situation refers to a unilateral contract that is liable to cancellation or revocation by the offeror before the performance of its terms.
It would have been a binding contract if Superior Used Cars Ltd had put a price tag and beside the tag,
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It would have been a binding contract if Superior Used Cars Ltd had put a price tag and beside the tag,
such words as ‘First come – first serve’ then the seller would be expected to hand over the item if Mr Williams is the first person who offers $7700.00 for the displayed item.
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such words as ‘First come – first serve’ then the seller would be expected to hand over the item if Mr Williams is the first person who offers $7700.00 for the displayed item.
In such a situation,
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http://www.linguee.fr/anglais-francais/traduction/in such a situation.html 100%
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http://es.bab.la/diccionario/ingles-espanol/in-such-a-situation 100%
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In such a situation,
if the Superior Used Cars Ltd refused to hand over the item to Mr Williams after he offers the terms of the contract as quoted on the item and with the terms given,
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if the Superior Used Cars Ltd refused to hand over the item to Mr Williams after he offers the terms of the contract as quoted on the item and with the terms given,
the court then would be justified to enforce such contract.
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http://www.daviddfriedman.com/Laws_Order_draft/laws_order_ch_12.htm 71%
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the court then would be justified to enforce such contract.
In this regard, where the terms of the offer are clear in a manner that they do not leave any room for negotiations,
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In this regard, where the terms of the offer are clear in a manner that they do not leave any room for negotiations,
then such offer is meant for contracting once the offer for the terms are placed and no new conditions may be allowed on the offer in the event that the terms of the offer has been accepted by performing as per the terms of the offer.
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then such offer is meant for contracting once the offer for the terms are placed and no new conditions may be allowed on the offer in the event that the terms of the offer has been accepted by performing as per the terms of the offer.
Advertising or a request to bid for either sale of an item even action towards something such construction,
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Advertising or a request to bid for either sale of an item even action towards something such construction,
service is a mere invitation to offer that cannot be accepted by any bid raised.
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service is a mere invitation to offer that cannot be accepted by any bid raised.
However a submitted bid is an offer which once accepted by the offeree it becomes a binding contract.
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However a submitted bid is an offer which once accepted by the offeree it becomes a binding contract.
Based on these provisions it can therefore be deduced that Mr Williams will not be justified to demand enforcement of the contract of sale of the item because the placement of the item on the display and putting a price tag on does not form a binding contract.
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Based on these provisions it can therefore be deduced that Mr Williams will not be justified to demand enforcement of the contract of sale of the item because the placement of the item on the display and putting a price tag on does not form a binding contract.
Capacity to Contract The capacity to contract may refer to the situation of any contracting party to satisfy some basic conditions for such person to be regarded as a competent party in a contract thus having the capacity to contract.
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Capacity to Contract The capacity to contract may refer to the situation of any contracting party to satisfy some basic conditions for such person to be regarded as a competent party in a contract thus having the capacity to contract.
This means that any natural person who accepts to enter to transactions has a legal capacity that lenders such person liable for duties under which such contract binds such person unless the person is an infant, intoxicated or insane.
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This means that any natural person who accepts to enter to transactions has a legal capacity that lenders such person liable for duties under which such contract binds such person unless the person is an infant, intoxicated or insane.
Any contract made by an intoxicated person is becomes voidable as long as at such times that such person was entering into a contract was not sober.
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Any contract made by an intoxicated person is becomes voidable as long as at such times that such person was entering into a contract was not sober.
However if such person becomes sober and promises to perform as per the terms of the contract or such person fails to disaffirm such contract within a reasonable time after he becomes sober and aware of such contracts entered into while intoxicated,
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However if such person becomes sober and promises to perform as per the terms of the contract or such person fails to disaffirm such contract within a reasonable time after he becomes sober and aware of such contracts entered into while intoxicated,
then such person is regarded to have ratified the contract and becomes bound by the terms of the contract.
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then such person is regarded to have ratified the contract and becomes bound by the terms of the contract.
When a person does not comprehend the terms, nature and consequences of entering into a contract when such contract is being formed,
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When a person does not comprehend the terms, nature and consequences of entering into a contract when such contract is being formed,
such person is regarded to be mentally incapacitated to enter into a contract.
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such person is regarded to be mentally incapacitated to enter into a contract.
A contract entered into by any person becomes void if such person has been adjudicated by the court to be incompetent.
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A contract entered into by any person becomes void if such person has been adjudicated by the court to be incompetent.
On the other hand, a contract entered into by any person is voidable if such person has not been adjudicated by the court to be insane.
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On the other hand, a contract entered into by any person is voidable if such person has not been adjudicated by the court to be insane.
The law defines an infant to be any person who has not attained the age of majority according the laws under which such person is referred.
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The law defines an infant to be any person who has not attained the age of majority according the laws under which such person is referred.
A person who has not attained the age of 18 years in most jurisdictions is regarded to be under age and therefore an infant.
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http://www.childinfo.org/files/birthregistration_Digestenglish.pdf 67%
http://www.academia.edu/6973292/Jurisprudence_behind_Protection_to_minors_under_Contract_Law 67%
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A person who has not attained the age of 18 years in most jurisdictions is regarded to be under age and therefore an infant.
Any contract made by an infant becomes voidable.
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Any contract made by an infant becomes voidable.
This means that such minor who has entered into the contract may avoid the legal duties presented by the contract and such person may not be held liable for breach of contract.
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This means that such minor who has entered into the contract may avoid the legal duties presented by the contract and such person may not be held liable for breach of contract.
The public policy is cognizant of the duty to protect the infants due to their naivety from the liabilities that may be due to them as a result of unfair contracts that such infants may lack experience and knowledge to negotiate on the terms with the other party.
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The public policy is cognizant of the duty to protect the infants due to their naivety from the liabilities that may be due to them as a result of unfair contracts that such infants may lack experience and knowledge to negotiate on the terms with the other party.
West was an infant according to the law even if he had acquired a driving license.
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West was an infant according to the law even if he had acquired a driving license.
Having a driving license does nor revoke the provisions of the law that such person is not old enough to enter into a contract.
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Having a driving license does nor revoke the provisions of the law that such person is not old enough to enter into a contract.
In this case therefore West can avoid any obligations as to the contract by the virtue of being an infant as far as the capacity to contract is concerned.
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In this case therefore West can avoid any obligations as to the contract by the virtue of being an infant as far as the capacity to contract is concerned.
Once an infant attains the majority,
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Once an infant attains the majority,
such person is no longer considered an infant under the law and such person must therefore avoid or disaffirm the contract or else accept or ratify the contract entered while he was a minor.
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such person is no longer considered an infant under the law and such person must therefore avoid or disaffirm the contract or else accept or ratify the contract entered while he was a minor.
If such person attains the majority and does not disaffirm, avoid, ratify or accept the contract, such person becomes bound by the terms of the contract.
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If such person attains the majority and does not disaffirm, avoid, ratify or accept the contract, such person becomes bound by the terms of the contract.
Any person who disaffirms a contract is required to return any benefits that are still possessed by such person.
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Any person who disaffirms a contract is required to return any benefits that are still possessed by such person.
In a situation where the benefits under the contract have already been destroyed, the person is under no legal obligation to compensate the other contracting party.
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In a situation where the benefits under the contract have already been destroyed, the person is under no legal obligation to compensate the other contracting party.
The law may only impose some liability in certain circumstance where the services or goods contracted are regarded as necessaries and such things are reasonably necessary for the person’s comfort, health or education.
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The law may only impose some liability in certain circumstance where the services or goods contracted are regarded as necessaries and such things are reasonably necessary for the person’s comfort, health or education.
In the case of West, the vehicle hired does not fall under the necessaries and therefore he is not bound by the contract,
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In the case of West, the vehicle hired does not fall under the necessaries and therefore he is not bound by the contract,
nor is he bound by the law to compensate Drive-Yourself Ltd.
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nor is he bound by the law to compensate Drive-Yourself Ltd.
Enforceability of Contractual Rights A designated condition or promise confirms the duty to perform under the contract.
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Enforceability of Contractual Rights A designated condition or promise confirms the duty to perform under the contract.
A condition represents any act or event that has an effect on the duty to render as promised in the contract as specified unless such condition is lapse of time.
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A condition represents any act or event that has an effect on the duty to render as promised in the contract as specified unless such condition is lapse of time.
The conditions implied must be comprehensible by the contracting parties so as to form a contract. Galt entered to a contract to be trained how to dance.
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The conditions implied must be comprehensible by the contracting parties so as to form a contract. Galt entered to a contract to be trained how to dance.
The conditions of the contract were that if she continuously trained she would become a wonderful dancer.
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The conditions of the contract were that if she continuously trained she would become a wonderful dancer.
The instructor had further promised her that if she agreed to more lessons, there was a likelihood that she would get a bronze medal for dancing.
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The instructor had further promised her that if she agreed to more lessons, there was a likelihood that she would get a bronze medal for dancing.
It may be deduced that Galt acted upon these conditions and paid $350.00 because of the conditions of the contract and the promises given which she understood and agreed to.
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It may be deduced that Galt acted upon these conditions and paid $350.00 because of the conditions of the contract and the promises given which she understood and agreed to.
The same deliverable was confirmed by the instructor when on St. Valentine’s Day the instructor praised her of how wonderfully she danced.
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The same deliverable was confirmed by the instructor when on St. Valentine’s Day the instructor praised her of how wonderfully she danced.
Such expressions by the instructor amounts to Satisfactory Performance because they are contingent upon the opinion and fancy that may have been necessary at that particular time.
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Such expressions by the instructor amounts to Satisfactory Performance because they are contingent upon the opinion and fancy that may have been necessary at that particular time.
Such expressions may be seen to have been said in good faith and therefore reflected the situation at hand that formed part of the promise given to Galt by the instructor.
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Such expressions may be seen to have been said in good faith and therefore reflected the situation at hand that formed part of the promise given to Galt by the instructor.
Other conditions were given to Galt that if she continued with the training she stood a chance of earning herself a bronze medal for dancing.
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Other conditions were given to Galt that if she continued with the training she stood a chance of earning herself a bronze medal for dancing.
It can be deduced that it is upon this condition that she agreed to pay for 35 more hours and paid $650.00.
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It can be deduced that it is upon this condition that she agreed to pay for 35 more hours and paid $650.00.
The matter of concern in the contract Galt had with Modern Dancing Studio is whether the satisfaction can be measured and given value.
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The matter of concern in the contract Galt had with Modern Dancing Studio is whether the satisfaction can be measured and given value.
In this instance, the court may hold that satisfaction may be justified if a reasonable person can justify such satisfaction as reasonable.
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In this instance, the court may hold that satisfaction may be justified if a reasonable person can justify such satisfaction as reasonable.
Therefore the expression for satisfaction or dissatisfaction must be made in good faith in order for such expressions to be qualified.
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Therefore the expression for satisfaction or dissatisfaction must be made in good faith in order for such expressions to be qualified.
On the other hand,
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On the other hand,
failure to comply to the terms and conditions of the contract may not prevent recovery of value of the contract if it found that there has been a substantial performance.
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failure to comply to the terms and conditions of the contract may not prevent recovery of value of the contract if it found that there has been a substantial performance.
The court therefore considers the substantiality of the performance of the contract by evaluating the terms of the contract,
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The court therefore considers the substantiality of the performance of the contract by evaluating the terms of the contract,
the purpose to be served and the level of deviation from the terms of the contract.
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the purpose to be served and the level of deviation from the terms of the contract.
If any deviations to the contract are confirmed and such deviations are not accidental and are performed in bad faith,
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If any deviations to the contract are confirmed and such deviations are not accidental and are performed in bad faith,
then the plaintiff is justified to receive nominal damages.
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then the plaintiff is justified to receive nominal damages.
It may be justified that the attention and level of training that was given to Galt prior to the change of the instructor was amounted to satisfactory performance and implied the quality of training that Galt expected from the trainer.
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It may be justified that the attention and level of training that was given to Galt prior to the change of the instructor was amounted to satisfactory performance and implied the quality of training that Galt expected from the trainer.
The level and attention given to her in the training implied the quality she expected even in the second part of the training for which she paid $650.00 of which she expected to gain a satisfactory performance by the trainer.
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The level and attention given to her in the training implied the quality she expected even in the second part of the training for which she paid $650.00 of which she expected to gain a satisfactory performance by the trainer.
In this regard, the change of the trainer rendered the contract to a substantial performance and for that reason Galt is justified for a refund of the money paid.
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In this regard, the change of the trainer rendered the contract to a substantial performance and for that reason Galt is justified for a refund of the money paid.
It would be appropriate for Modern Dancing Studio to have the training procedures and policies clear that any promises made by individual trainers to the trainees does not form any part of the contract between the Studio and the trainee.
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It would be appropriate for Modern Dancing Studio to have the training procedures and policies clear that any promises made by individual trainers to the trainees does not form any part of the contract between the Studio and the trainee.
A disclaimer would be of good service to the Studio to avoid liabilities arising out of the contractual obligations of the Studio and the trainees.
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A disclaimer would be of good service to the Studio to avoid liabilities arising out of the contractual obligations of the Studio and the trainees.
Dryden Construction Company may seem to have had all the intentions to perform as per the terms of the contract with Ontario Hydro Electric Power Commission.
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Dryden Construction Company may seem to have had all the intentions to perform as per the terms of the contract with Ontario Hydro Electric Power Commission.
The acceptance to the terms of the contract were based on the information regarding the condition of the work as provided by the Commission and also by the personal investigation and research.
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The acceptance to the terms of the contract were based on the information regarding the condition of the work as provided by the Commission and also by the personal investigation and research.
However upon signing of the contract the area was covered by snow and temperatures were low a situation which may be deemed to have made the execution of the contract impossible for the contractor.
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However upon signing of the contract the area was covered by snow and temperatures were low a situation which may be deemed to have made the execution of the contract impossible for the contractor.
It is after the knowledge of such facts that the contractor asked to be excused from the obligation of the contract claiming frustration that seemed to have changed the conditions of work as per the contract.
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It is after the knowledge of such facts that the contractor asked to be excused from the obligation of the contract claiming frustration that seemed to have changed the conditions of work as per the contract.
Transpiration of an even the makes it impossible to render performance as per the contract may discharge the contract.
http://legal-dictionary.thefreedictionary.com/Discharge of Contracts 82%
http://www.west.net/~smith/perform-content.htm 64%
http://www.dot.state.fl.us/ctd/contacts/Medicaid-T&E Contracts/Hillsborough/Hillsborough Co. STP APT59 2010-11.pdf 64%
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Transpiration of an even the makes it impossible to render performance as per the contract may discharge the contract.
This is applicable where the contracting parties did not transpire such occurrences while both had a mutual intent to perform the contract.
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This is applicable where the contracting parties did not transpire such occurrences while both had a mutual intent to perform the contract.
However the impossibility to perform may not always discharge the contract unless one party is found, under the circumstances, to be completely unable to perform.
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However the impossibility to perform may not always discharge the contract unless one party is found, under the circumstances, to be completely unable to perform.
Therefore the nature of the event causing the impossibility to perform must be seen to be reasonable to cause inability to perform, thus rendering the contract discharged.
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Therefore the nature of the event causing the impossibility to perform must be seen to be reasonable to cause inability to perform, thus rendering the contract discharged.
In the case of Dryden Construction Company, the nature of the contrition area covered the snow must be seen to be impossible for the contractor,
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In the case of Dryden Construction Company, the nature of the contrition area covered the snow must be seen to be impossible for the contractor,
in reference to the terms of the contract, to be impossible under such terms therefore rendering the contract dischargeable.
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in reference to the terms of the contract, to be impossible under such terms therefore rendering the contract dischargeable.
Under normal circumstances, construction of a road involves moving earth which is not covered by snow unless during contracting time,
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Under normal circumstances, construction of a road involves moving earth which is not covered by snow unless during contracting time,
such earth is covered by snow and the terms of the contract included the removal of snow prior to removal of the earth.
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such earth is covered by snow and the terms of the contract included the removal of snow prior to removal of the earth.
The claim by the contractor that under the prevailing circumstances that the construction with the presence of the snow is completely another contract may be justified and therefore discharging of the contract between Dryden Construction Company and Ontario Hydro Electric Power Commission is justified under the claim of frustration is justified.
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The claim by the contractor that under the prevailing circumstances that the construction with the presence of the snow is completely another contract may be justified and therefore discharging of the contract between Dryden Construction Company and Ontario Hydro Electric Power Commission is justified under the claim of frustration is justified.
Discharge by means other than performance – Vicarious performance The fact that Tremolo is an assignee of Rigoletto,
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Discharge by means other than performance – Vicarious performance The fact that Tremolo is an assignee of Rigoletto,
the original person with a contract with Halifax does not mean that he can represent him in the contract as well.
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the original person with a contract with Halifax does not mean that he can represent him in the contract as well.
It may be argued that the person performing in place of Rigoletto is as good as Rigoletto himself but that does not mean such an arrangement maintains the status quo of the contract Rigoletto had with Halifax.
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It may be argued that the person performing in place of Rigoletto is as good as Rigoletto himself but that does not mean such an arrangement maintains the status quo of the contract Rigoletto had with Halifax.
One of the ways a contract can be discharged other than performance is discharge by novation.
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One of the ways a contract can be discharged other than performance is discharge by novation.
Discharge by novation means that a party to a contract is superseded by another or the terms of contract are changed.
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Discharge by novation means that a party to a contract is superseded by another or the terms of contract are changed.
Discharge by novation may include novation of parties where a party to the contract is exchanged with another or is superseded by another,
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Discharge by novation may include novation of parties where a party to the contract is exchanged with another or is superseded by another,
and novation of terms where a term in the contract is discharged in favor of another.
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and novation of terms where a term in the contract is discharged in favor of another.
Novation of the parties involved in a contract denotes the agreement of the concerned parties that one may be substituted for another which is different from the assignment,
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Novation of the parties involved in a contract denotes the agreement of the concerned parties that one may be substituted for another which is different from the assignment,
in which case there may or may not be the consent of the either party to a contract.
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in which case there may or may not be the consent of the either party to a contract.
In such a case, the assignor still bears the responsibility for the payment of the assignment. In the case of Rigoletto,
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In such a case, the assignor still bears the responsibility for the payment of the assignment. In the case of Rigoletto,
the assignor was not aware of the eventuality that Rigoletto would have to assign somebody else in his place while they had entered into a contract.
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the assignor was not aware of the eventuality that Rigoletto would have to assign somebody else in his place while they had entered into a contract.
For this scenario, the contract may discharged on the basis of novation of parties in which case Halifax may have to continue with the contract a new with Tremolo.
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For this scenario, the contract may discharged on the basis of novation of parties in which case Halifax may have to continue with the contract a new with Tremolo.
Remedies for breach of contract involves award for damages, rescission, specific performance and restitution. Damages are further divided into compensatory damages and punitive damages.
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Remedies for breach of contract involves award for damages, rescission, specific performance and restitution. Damages are further divided into compensatory damages and punitive damages.
Compensatory damages are meant to cover the loss suffered by the non-breaching party due to the breach of contract.
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Compensatory damages are meant to cover the loss suffered by the non-breaching party due to the breach of contract.
In compensatory damages,
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In compensatory damages,
the party to be compensated should he awarded an amount equivalent to the costs incurred by such party to replace the loss suffered by the party as a result of the breach.
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the party to be compensated should he awarded an amount equivalent to the costs incurred by such party to replace the loss suffered by the party as a result of the breach.
Compensatory damages is of two kinds; general damages and specific damages. The general damages compensates the loss that has directly been suffered as a result of breach.
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Compensatory damages is of two kinds; general damages and specific damages. The general damages compensates the loss that has directly been suffered as a result of breach.
In the case of Jones, the contracted company sued her for refusing to pay them for the work done.
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In the case of Jones, the contracted company sued her for refusing to pay them for the work done.
Upon her counter-suing them for breach of contract, it may be established that, as Jones stated,
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Upon her counter-suing them for breach of contract, it may be established that, as Jones stated,
that were it not for the breach of the contract that lasted for a whole week, Jones and her family would not have been eating from the hotel.
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that were it not for the breach of the contract that lasted for a whole week, Jones and her family would not have been eating from the hotel.
It is for that reason that Jones and her family had to spend their money moving from home to the hotel and back because her kitchen could not be used. Jones spent money directly to feed her family.
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It is for that reason that Jones and her family had to spend their money moving from home to the hotel and back because her kitchen could not be used. Jones spent money directly to feed her family.
For this case,
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For this case,
the company may be ordered to pay Jones the amount actually and directly paid out to other services providers for the sake of family in relation to the breach.
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the company may be ordered to pay Jones the amount actually and directly paid out to other services providers for the sake of family in relation to the breach.
In such a case, Jones may not be compensated for any costs that are not directly linked to the breach of the contract.
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In such a case, Jones may not be compensated for any costs that are not directly linked to the breach of the contract.
Compensatory damages also includes special damages which are also referred to as consequential damages,
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Compensatory damages also includes special damages which are also referred to as consequential damages,
which are intended to cover any loss suffered as a result of breach of contract but such loss is not predictable and also not directly or immediately related to the contract.
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which are intended to cover any loss suffered as a result of breach of contract but such loss is not predictable and also not directly or immediately related to the contract.
Jones may have suffered other costs that are not directly linked to the contract which however are suffered because there was a breach of contract.
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Jones may have suffered other costs that are not directly linked to the contract which however are suffered because there was a breach of contract.
Such costs may include the dental costs incurred because it may be argued that were it not for the breach of the contract,
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Such costs may include the dental costs incurred because it may be argued that were it not for the breach of the contract,
Jones would not have taken her family to the hotel, and therefore her child would not have fallen in the stairs.
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Jones would not have taken her family to the hotel, and therefore her child would not have fallen in the stairs.
Therefore Jones, in order to be awarded such special damages will be required to provide enough proof that The Martin Floor Covering & Tile Co.
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Therefore Jones, in order to be awarded such special damages will be required to provide enough proof that The Martin Floor Covering & Tile Co.
knew of the special circumstance when the two were entering into a contract.
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knew of the special circumstance when the two were entering into a contract.
The two parties had a clear agreement that The Martin Floor Covering & Co. would not pull out the workers until such word as was contracted was finished.
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The two parties had a clear agreement that The Martin Floor Covering & Co. would not pull out the workers until such word as was contracted was finished.
It is therefore clear that the company subsequently withdrew the workers leaving Jones to suffer the costs of eating from the restaurant.
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It is therefore clear that the company subsequently withdrew the workers leaving Jones to suffer the costs of eating from the restaurant.
Jones may argue that the company was in a position to know that failure to complete the work as contracted would inhibit her from using her kitchen and that would cause her to look for alternative means to feed her family.
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Jones may argue that the company was in a position to know that failure to complete the work as contracted would inhibit her from using her kitchen and that would cause her to look for alternative means to feed her family.
In such a case,
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In such a case,
it can be argued that it was foreseeable for the family to go to a restaurant in order for them to eat and such movements would include using transport means which would cost Jones some money.
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it can be argued that it was foreseeable for the family to go to a restaurant in order for them to eat and such movements would include using transport means which would cost Jones some money.
It was however not commonly foreseeable that her child would fall in the stairs and cost Jones some dental costs.
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It was however not commonly foreseeable that her child would fall in the stairs and cost Jones some dental costs.
It would therefore be left to establish and qualify the circumstance involving dental costs suffered and determine awarding for special damages.
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It would therefore be left to establish and qualify the circumstance involving dental costs suffered and determine awarding for special damages.
The court would also calculate the actual cost incurred that would not seem to benefit Jones but to put her back to the position she would have been in case there was no breach.
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http://www.law.nyu.edu/sites/default/files/upload_documents/Contracts_Posner_Fall_2008.pdf 72%
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The court would also calculate the actual cost incurred that would not seem to benefit Jones but to put her back to the position she would have been in case there was no breach.
However there may arise, which would be for the court to establish, that Jones did not incur any costs that would have been reasonably avoided.
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However there may arise, which would be for the court to establish, that Jones did not incur any costs that would have been reasonably avoided.
Such costs may include reasonable restaurant that may have been so near to her home that she may not have needed to incur any transport costs.
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Such costs may include reasonable restaurant that may have been so near to her home that she may not have needed to incur any transport costs.
The same case may apply if there would have been reasonable proof that Jones went for an expensive restaurant while she knew of an alternative cheaper but equally reasonable and acceptable hotel of the same or close standard to that of Winston’s Gourmet Restaurant.
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The same case may apply if there would have been reasonable proof that Jones went for an expensive restaurant while she knew of an alternative cheaper but equally reasonable and acceptable hotel of the same or close standard to that of Winston’s Gourmet Restaurant.
This means that it must be established that Jones used reasonable diligence while mitigating for the damages for her to enjoy the full amount asked for.
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This means that it must be established that Jones used reasonable diligence while mitigating for the damages for her to enjoy the full amount asked for.
Duress in law of contract refers to a situation where a person goes ahead and enters into an agreement as a result of threat.
http://en.wikipedia.org/wiki/Duress_in_English_law 71%
http://www.legalanswers.sl.nsw.gov.au/guides/law_handbook/pdf/Ch12_contracts.pdf 71%
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Duress in law of contract refers to a situation where a person goes ahead and enters into an agreement as a result of threat.
It is applicable where a contract is made or modified. Under such circumstances,
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http://www.acquisition.gov/far/html/Subpart 15_4.html 71%
http://www.idea.int/about/vacancies/upload/General-Conditions-for-Contract-for-Provisn-of-Services.pdf 71%
https://www.hmpadmin.com/portal/programs/docs/hamp_servicer/subsequentcertification.doc 71%
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It is applicable where a contract is made or modified. Under such circumstances,
the person under duress is physically threatened with actual violence or economically threatened to suffer excessive economic pressure.
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http://www.legalmatch.com/law-library/article/duress-lawyers.html 62%
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the person under duress is physically threatened with actual violence or economically threatened to suffer excessive economic pressure.
Undue Influence Undue influence arises when a party to a contract enters into a contract or fails to enter into a contract as a result of persuasion by another whom the influenced person trusts so much or respects so much to an extent of having such influence as to signing a contract or fail to sign a contract.
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Undue Influence Undue influence arises when a party to a contract enters into a contract or fails to enter into a contract as a result of persuasion by another whom the influenced person trusts so much or respects so much to an extent of having such influence as to signing a contract or fail to sign a contract.
Such persons with such great influence may include spouses, family members, religious leaders or personal doctors to the person being influenced.
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Such persons with such great influence may include spouses, family members, religious leaders or personal doctors to the person being influenced.
Misrepresentation Misrepresentation in contracts refers to a false statement that induces the representee to enter into a contract where such statement is of fact or law.
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Misrepresentation Misrepresentation in contracts refers to a false statement that induces the representee to enter into a contract where such statement is of fact or law.
The misrepresentation may be an honest misrepresentation where the representor is able to reasonably state belief in the truth of the statement.
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The misrepresentation may be an honest misrepresentation where the representor is able to reasonably state belief in the truth of the statement.
Misrepresentation may also be a negligent misrepresentation in which case there exists no reasonable grounds to belief in the truth of statement.
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Misrepresentation may also be a negligent misrepresentation in which case there exists no reasonable grounds to belief in the truth of statement.
There is also fraudulent misrepresentation where the person making the statement knows that it is false,
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There is also fraudulent misrepresentation where the person making the statement knows that it is false,
the person does not belief in the truth of the statement and such person carelessly or recklessly makes the statement whether such statement is true or false.
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the person does not belief in the truth of the statement and such person carelessly or recklessly makes the statement whether such statement is true or false.
Mistake Mistake in law arises when the contracting parties make the same mistake referred to as common mistake which is in three categories.
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Mistake Mistake in law arises when the contracting parties make the same mistake referred to as common mistake which is in three categories.
There is Res extincta where where the subject matter of the contract does not exist;
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There is Res extincta where where the subject matter of the contract does not exist;
res sua where the goods referred in the contract already belong to the purchaser and mistake as to quality where the goods are available but in narrow limits.
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res sua where the goods referred in the contract already belong to the purchaser and mistake as to quality where the goods are available but in narrow limits.
There is mutual mistake in which case the contracting parties do not meet the purpose as to the meaning.
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There is mutual mistake in which case the contracting parties do not meet the purpose as to the meaning.
There is also unilateral mistake where the only one of the contracting parties is mistaken as to the terms of the contract or the identity of the other party.
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There is also unilateral mistake where the only one of the contracting parties is mistaken as to the terms of the contract or the identity of the other party.
In regard to the above doctrines, duress is unlikely to arise from an online transaction as it is qualified by a physical and real threat to a person. Sole Proprietorship,
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In regard to the above doctrines, duress is unlikely to arise from an online transaction as it is qualified by a physical and real threat to a person. Sole Proprietorship,
Partners in farming Kuli and Magory are in limited partnership. In a limited partnership,
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Partners in farming Kuli and Magory are in limited partnership. In a limited partnership,
one of the partners is involved in the daily management of the partnership while the other only contributes to the investments and gets a share of the profits or losses when they arise.
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one of the partners is involved in the daily management of the partnership while the other only contributes to the investments and gets a share of the profits or losses when they arise.
In such partnership, the partner who is not involved in the daily management of the partnership enjoys limited liability to the business.
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In such partnership, the partner who is not involved in the daily management of the partnership enjoys limited liability to the business.
In the partnership of Kuli and Magory has the characteristics of a limited partnership because Kuli has provided the land and the house which has been given to Magory to use for the time the two will be in partnership.
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In the partnership of Kuli and Magory has the characteristics of a limited partnership because Kuli has provided the land and the house which has been given to Magory to use for the time the two will be in partnership.
Therefore Magory will be responsible for the management of the partnership business and as such he will be liable for any debts and obligations arising in the event of farming the tobacco but will share the profits with Kuli.
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Therefore Magory will be responsible for the management of the partnership business and as such he will be liable for any debts and obligations arising in the event of farming the tobacco but will share the profits with Kuli.
Nature of Corporation A corporation becomes an artificial entity once incorporated under the corporation law. Once incorporated, the entity acquires five distinctive attributes which are;
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Nature of Corporation A corporation becomes an artificial entity once incorporated under the corporation law. Once incorporated, the entity acquires five distinctive attributes which are;
separate legal personality, perpetual existence, limited liability, free transferability of an investor’s interest and centralized management.
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separate legal personality, perpetual existence, limited liability, free transferability of an investor’s interest and centralized management.
A corporation is said to have a separate legal personality in that upon incorporation, the entity becomes a separate and distinct person from the shareholders,
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A corporation is said to have a separate legal personality in that upon incorporation, the entity becomes a separate and distinct person from the shareholders,
officers and the directors. This means that the legal entity is capable of entering into a contract and/or own property in the same manner as a natural person would.
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officers and the directors. This means that the legal entity is capable of entering into a contract and/or own property in the same manner as a natural person would.
It also means that the entity can sue and can be sued in its own name.
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It also means that the entity can sue and can be sued in its own name.
An incorporation has perpetual existence in that the entity lives beyond the death of its shareholders and directors unless such corporation is dissolved or liquidated.
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An incorporation has perpetual existence in that the entity lives beyond the death of its shareholders and directors unless such corporation is dissolved or liquidated.
It also means that the shareholders who hold investments with the corporation enjoy limited liability because such shareholders are not liable for the any obligations such as debts that are incurred by the corporation which means that in an even of dissolution of the corporation the shareholders may lose their shareholding but would not be liable for the debts owed by the corporation.
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It also means that the shareholders who hold investments with the corporation enjoy limited liability because such shareholders are not liable for the any obligations such as debts that are incurred by the corporation which means that in an even of dissolution of the corporation the shareholders may lose their shareholding but would not be liable for the debts owed by the corporation.
The corporation is formed in a manner that a shareholder may transfer his shares to another person,
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The corporation is formed in a manner that a shareholder may transfer his shares to another person,
whether an existing shareholder or another person if he so wishes unless such transferability of shares is restricted or prohibited under the constitution of the corporation.
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whether an existing shareholder or another person if he so wishes unless such transferability of shares is restricted or prohibited under the constitution of the corporation.
From this perspective then it is clear that even if Arthurs, Boulez and Coombes were the directors of Driftwood Products Limited and died while on a vacation,
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From this perspective then it is clear that even if Arthurs, Boulez and Coombes were the directors of Driftwood Products Limited and died while on a vacation,
such occurrence does not mean that the activities of Driftwood Products Limited shall be halted,
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such occurrence does not mean that the activities of Driftwood Products Limited shall be halted,
nor does it mean that the company shall not demand payments due to it by the debtors nor is the company losing any of the attributes it acquired upon its incorporation.
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nor does it mean that the company shall not demand payments due to it by the debtors nor is the company losing any of the attributes it acquired upon its incorporation.
The death of the directors only means that the due cause of the law as provided by the constitution of Driftwood Products shall take effect upon death of the directors or shareholders and therefore such shareholders shall and/or directors shall be replaced by other people such as next of kin, or as provided in the constitution.
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The death of the directors only means that the due cause of the law as provided by the constitution of Driftwood Products shall take effect upon death of the directors or shareholders and therefore such shareholders shall and/or directors shall be replaced by other people such as next of kin, or as provided in the constitution.
Therefore the debtor’s claims that Driftwood Products Limited ceased to exist when the three shareholders were killed is untrue since the company is a separate legal person from the shareholders and has the capacity to sue such a debtor for failure to pay any debts owed to the company by the debtor.
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Therefore the debtor’s claims that Driftwood Products Limited ceased to exist when the three shareholders were killed is untrue since the company is a separate legal person from the shareholders and has the capacity to sue such a debtor for failure to pay any debts owed to the company by the debtor.
Real Estate The land owner has the right to refuse to provide a right of way or an easement for the natural oil pipeline on his land.
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Real Estate The land owner has the right to refuse to provide a right of way or an easement for the natural oil pipeline on his land.
This is because Janus as the land owner under normal circumstance, should consent in writing before the easement or right of way is registered.
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This is because Janus as the land owner under normal circumstance, should consent in writing before the easement or right of way is registered.
However under certain circumstances,
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However under certain circumstances,
an easement or right of way may be obtained and registered with the permission of the court or any other empowered authority to grant such easements if such easement is determined to be of greater good.
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an easement or right of way may be obtained and registered with the permission of the court or any other empowered authority to grant such easements if such easement is determined to be of greater good.
In the case of Janus,
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http://www.oyez.org/cases/2010-2019/2010/2010_09_525 100%
https://www.wilmerhale.com/uploadedFiles/Shared_Content/Editorial/Publications/Documents/whether-supreme-court-decision-in-janus-martens-cahn-monahan.pdf 100%
http://www.law.cornell.edu/supct/cert/09-525 100%
http://www.natlawreview.com/article/fourth-circuit-holds-supreme-court-s-janus-ruling-not-applicable-criminal-cases 100%
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In the case of Janus,
the passage of pipeline is of much greater good not only to the company responsible for the transportation of the natural gas but also to the greater population.
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http://www.justfacts.com/energy.asp 63%
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the passage of pipeline is of much greater good not only to the company responsible for the transportation of the natural gas but also to the greater population.
For that reason is may be justifiable to impose such easement since the loss to a single person such as Janus does not equal the loss or disturbance and inconvenience that would be suffered if such easement is not registered.
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For that reason is may be justifiable to impose such easement since the loss to a single person such as Janus does not equal the loss or disturbance and inconvenience that would be suffered if such easement is not registered.
For this reason, Janus is not in a position to refuse or stop the use of land by the developer.
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For this reason, Janus is not in a position to refuse or stop the use of land by the developer.
The land owner may receive payment for the easement on his land.
http://www.wclt.org/what-we-do/protect-your-land/conservation-easements-q-a/ 63%
http://www.nhlt.org/page.asp?page=protectland 63%
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http://www.bitterrootlandtrust.org/faq.html 63%
http://www.nationalcenter.org/NPA569.html 75%
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The land owner may receive payment for the easement on his land.
Such amount paid may be as little as any amount that can be accepted or regarded as justifiable to make any agreement legal. Such payment may be as little as $1.00.
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Such amount paid may be as little as any amount that can be accepted or regarded as justifiable to make any agreement legal. Such payment may be as little as $1.00.
Any other compensation that is over and above the minimum acceptable by the law is subject to the negotiations between the landowner and the entity or body requesting the easement or right of way,
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Any other compensation that is over and above the minimum acceptable by the law is subject to the negotiations between the landowner and the entity or body requesting the easement or right of way,
and in a situation where such easement is not negotiable, and such registration does not depend on the consent of the land owner,
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and in a situation where such easement is not negotiable, and such registration does not depend on the consent of the land owner,
the compensation shall be as minimal as such amount acceptable by the law and any more compensation shall be as per the agreement between the holder of the easement and the land owner or as it may be ordered by the Court.
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the compensation shall be as minimal as such amount acceptable by the law and any more compensation shall be as per the agreement between the holder of the easement and the land owner or as it may be ordered by the Court.
Janus may not be compensated more based on the premise that the natural gas is dangerous to him and his family but any compensation payable to him shall be determined by the agreement between him and the company.
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Janus may not be compensated more based on the premise that the natural gas is dangerous to him and his family but any compensation payable to him shall be determined by the agreement between him and the company.
Corporate law – Purchase and sale of business While acquiring a business, various methods are employed in sale of a company which includes share exchange,
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Corporate law – Purchase and sale of business While acquiring a business, various methods are employed in sale of a company which includes share exchange,
statutory merger, purchase of business assets and purchase of the shareholders’ shares.
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statutory merger, purchase of business assets and purchase of the shareholders’ shares.
The buyer only buys specified assets while purchasing the assets of a company which may not be all the assets owned by the company.
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The buyer only buys specified assets while purchasing the assets of a company which may not be all the assets owned by the company.
The purchaser also only buys s specified liability while purchasing the assets of a company. On the other hand,
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The purchaser also only buys s specified liability while purchasing the assets of a company. On the other hand,
the shares of a company denotes ownership or part ownership of the company and therefore purchase of shares means purchase of the ownership of the company including the assets and liabilities of the company.
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the shares of a company denotes ownership or part ownership of the company and therefore purchase of shares means purchase of the ownership of the company including the assets and liabilities of the company.
Asset purchase While one decides to purchase the assets of the a company, such buyer may have some advantages for the purchase of assets;
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Asset purchase While one decides to purchase the assets of the a company, such buyer may have some advantages for the purchase of assets;
The buyer is only able to purchase selected assets of the company and not the liabilities, thus such buyer is exposed to minimal risks.
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The buyer is only able to purchase selected assets of the company and not the liabilities, thus such buyer is exposed to minimal risks.
Sale of assets of the company demands a vote of the majority members or shareholders of the company.
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Sale of assets of the company demands a vote of the majority members or shareholders of the company.
The buyers are able to allocate purchase price alongside the assets that reflect fair market value which allows consideration of high depreciation rate and amortization resulting to tax savings.
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The buyers are able to allocate purchase price alongside the assets that reflect fair market value which allows consideration of high depreciation rate and amortization resulting to tax savings.
However such purchase is not without drawbacks which include;
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However such purchase is not without drawbacks which include;
Sometimes it is difficult for the company to define the assets that are for sale to the purchaser because in most instances the companies sell a division or subsidiary.
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Sometimes it is difficult for the company to define the assets that are for sale to the purchaser because in most instances the companies sell a division or subsidiary.
In such instances, some assets are shared between or among the divisions or subsidiaries and demand a lot of negotiation of determine the sale of such assets.
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In such instances, some assets are shared between or among the divisions or subsidiaries and demand a lot of negotiation of determine the sale of such assets.
Third party consents and approval is usually required in the sale of assets.
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Third party consents and approval is usually required in the sale of assets.
Such third parties may take up such situations as a chance for them to renegotiate their contracts which may cause unnecessary delays in and additional costs in the purchase of the assets.
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Such third parties may take up such situations as a chance for them to renegotiate their contracts which may cause unnecessary delays in and additional costs in the purchase of the assets.
Any liabilities whether disclosed or not that the purchaser has not included in the purchase must be observed to ensure that such assets are not sold below their fair value and upon sale of the assets the company will still have sufficient capital to pay debts and liabilities.
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Any liabilities whether disclosed or not that the purchaser has not included in the purchase must be observed to ensure that such assets are not sold below their fair value and upon sale of the assets the company will still have sufficient capital to pay debts and liabilities.
Failure to observe such measures may lead to solvency issues that may cause incremental transaction costs.
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Failure to observe such measures may lead to solvency issues that may cause incremental transaction costs.
Share Purchase The share purchase may include some advantages as compared to the purchase of assets such as;
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Share Purchase The share purchase may include some advantages as compared to the purchase of assets such as;
Some shareholders may be entitles to all or part of the capital gains exemptions which contributes to the price of the share on sale.
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Some shareholders may be entitles to all or part of the capital gains exemptions which contributes to the price of the share on sale.
The purchase acquires the ownership of the company that entails the assets of the company and therefore not necessary to transfer the title to assets which incurs transfer taxes. The buyer upon purchase acquires all the rights and benefits accruing to such shares bought.
The buyer acquires the vendor’s non-assignable licenses, contracts and permits with no need for consent from third parties. The buyer does not need to go through the rigorous process of making new offers for new employees as he acquires all the employees of the company on sale.
The buyer is able to avoid payment excise taxes upon purchase of shares. However the purchase of shares may be subject to various challenges or drawbacks as compared to purchase of assets such as;
The purchaser may not be able to select the shares he wants as in the case of assets where the buyer is able to select the assets he so desires and leaves the undesirable ones with the vendor.
The purchaser may attain contracts that such buyer is not willing or which are not out of his wish to acquire such contracts as opposed to asset purchase where the purchaser is able to pick the contracts he wants.
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The purchaser may attain contracts that such buyer is not willing or which are not out of his wish to acquire such contracts as opposed to asset purchase where the purchaser is able to pick the contracts he wants.
Torts The Accountants and Auditors have a liability for professional negligence which may arise as a result acting or failure to act either by themselves, their associates or their employees, out of which there is financial loss suffered by the client or third party to whom such accountants or auditors owe a duty of care.
The accountant and auditors are believed to be and actually should be trained professionals who are qualified to carry out such tasks as providing professional advice or professional services to their clients.
The clients of such professionals believe that such professionals are qualified enough to be relied upon to provide the services or advice sought. It is the expectation of any reasonable person that a qualified accountant or auditor is reliable enough to provide the service or advice sought which can be relied upon for action of whatever nature.
This is because such professionals are believed to be exercising and practicing such professions because they are up to the standard of an average person with average competence to provide such services and/or services.
It is upon this that the accounts and auditors owe their clients a duty of care as regards the prudence of information they are supposed to provide. The accountants and auditors are usually involved in preparation of financial documents which should represent all the material facts as regards the financial position of any organization concerned.
Such information or financial statements provided should not lack necessary and crucial information lack of which would result to loss by the client. Such omission of necessary information may amount to negligence.
In this context, negligence refers to the act or omission which may occur because the concerned person failed to exercise the degree of professional care and skill that best fit the circumstances of the case which is expected of the professional accounts and auditors. Any professional found to have been negligent may raise defense to an action for negligence by stating that there has been no negligence or that the person or organization wronged was not owed any duty of care by the defendant and that no financial loss was suffered by the plaintiff.
The grass is greener Melissa is having a dilemma of choosing from two contracts. She is feeling bound both contracts because in the first contract, the offer came and she accepted before the second offer could be raised.
The second interview is successful and she is offered and accepts for the second contract which is better that the first. In this scenario, Melissa has to make a decision to choose one and forgo the other because she cannot work under two contracts at the same time.
It would be advisable for Melissa to do a thorough background check in the two employer offering the employment and consider various issues beyond the package offered in the contract. Firm Y may offer a better contract because it has a better pay than Firm X.
However there are many issues such as amount of work, working hours, working environment, workload per staff in the department, staff turnover and employment benefits that she may not be aware of and therefore basing her judgment against salary only may be misinformed.
Melissa should very quickly find out about all the issues surrounding the two offer and make an independent decision based on her judgment. If she decides to go for the contract with firm X, then she only need to write to firm Y and inform them of the regret she has in revoking the contract and be ready to face any legal consequences that may ensue if firm Y decided to go to court over the matter.
The same goes with if she decided to go with firm Y, she should make it known to firm X of her preference to go for the contract with firm Y due to the better offer and be ready for any court proceeding that may be raised by firm X.
Terms Guarantee Guarantee refers to the pledge or commitment by a person over the responsibility for another’s contractual performance or debt should the other person fail to honor his contractual obligation. In a situation where the person being guaranteed fails to honor his contractual agreement, the contracting party usually exists all the possible means to have the guaranteed person honor his obligations before requiring the guarantor represent him in the honoring of the obligations. In a situation of debt, the creditor goes through all the possible means to have his debt repaid, including going to the extent having to attach any assets owned by the debtor. The creditor may only go for the guarantor if the debtor is completely unable to honor the repayment of the debt or is beyond reach of the creditor.
Duress Duress refers to the situation where a person is physically threatened through actual physical threat of harm that is made to compel such person being threatened to do something such as enter into a contract or refuse to enter in a contract, against his judgment or will. The threat may include an economic threat to his property.
Fraudulent and Negligent misrepresentation. Fraudulent misrepresentation is the situation where a person gives a statement knowing that such statement given is false, not believing in the truth of the statement and/or giving a statement recklessly without caring whether such statement is true or false.
Negligent misrepresentation refers to a statement that is made without reasonable grounds of believing in the truth of the statement. The burden of proof lies with the accused person to show that the person had reasonable ground to believe in the truth of the statement.
The difference between Fraudulent and Negligent misrepresentation is the in fraudulent misrepresentation the defendant is said to have given a false statement knowing of its untruthfulness and the burden of proof lies with the claimant while in negligent misrepresentation, a statement is given with the believe that such statement is true and the burden of proof lies with the defendant to show or demonstrate the reasonable grounds such person had in believing in the truthfulness of the statement.
Business Organization types Joint venture – This refers to a situation where two or more persons agree to pool their resources together in forming one business in which they are all responsible for the liabilities of the business and also share the profits as they accrue from the joint venture. The arrangement includes each individual contributing to the assets, expenses and revenues of the venture and sharing of the profits for a specific period of time.
Partnership – This refers to a situation where different persons come together and for an entity where each partner contributes capital and expenses of the partnership and each partner is individually responsible for the liabilities, debts and losses of the partnership.
Limited partnership – Limited partnership refers to the partnership where one or some of the partners are not involved in the daily business of the partnership or the administration of the partnership but they contribute to the capital and investment in the partnership. Such partners are however limited to the liabilities of the partnership as they are not held liable for the obligations of the partnership. On the other hand, other partner or partners are involved in the daily business of the partnership and are liable for the obligations of the business including debts of the partnership.
Sole proprietorship – This refers to the form of business which is established and run by one natural person referred to as the sole proprietor who is involved in the daily business of the proprietorship alone. The proprietorship cannot be separated from the proprietor himself in regard to liabilities and debts.
Agency – This refers to the situation in law that deals with contractual relationship, with a set of contractual relation, non-contractual or quasi contractual relation where a person referred to as principal authorizes another, referred to as agent to act on his behalf in creating or forming legal relations with third parties.
Corporations Advantages of incorporation Through incorporation the enterprise become a separate legal person from the individuals forming it therefore the incorporation is able to own property, enter into contracts, sue and be sued in its own name.
This exempts the creators of the enterprises from personal liabilities arising from the undertakings of the corporation.It is or becomes easy to access capital through the corporation because it is possible for the corporation to issues and share stock.
Upon incorporation, an entity gains perpetual existence in that death of a shareholder does not render the corporation to a closure unless at such a time when the shareholders decide to liquidate or dissolve the corporation.The corporation gains credibility by virtue of being incorporated in the sense that many people tend to give more credit and perceive incorporated entities as stable and secure work with, whether as creditors or even customers.
The incorporation gives anonymity to the owners which is advantageous for the business of the corporation in that any issues surrounding or concerning the owners that would be detrimental to the business remain unknown to the customers of the corporation.
Disadvantages of incorporation Upon incorporation, there is a higher obligation to payment of taxes and filing of tax returns. The corporation is also involved in a lot of book keeping and document filing which should be kept up to date. An incorporation does not enjoy any tax credits because a corporation is not eligible for personal tax credit. It is expensive and time consuming to register a company. It is also very difficult to dissolve a corporation due to the process involved in dissolution of a company.
Employer/Employee Steps of engaging an independent contractor The process starts with drawing of the contract for the engagement of the independent contractor. The contract states the nature of the engagement and also the scope of work expected for the contractor, the rights and obligations and entitlements to the independent contractor in relation to insurance, health and safety. The superannuation arrangements are made that states the contractor will be engaged and treated as an employee of the organization under the common law and also the statement as to the extent of the contractor’s labor principles which may include the physical, mental and/or artistic efforts. The contracting party should consider the procurement polices while determining how to pay the contractor. Therefore payroll tax arrangement must be considered while making the payments.
Risks of engaging an independent contractor as an employee The employer is responsible for the statutory withholdings in relation to the contractor and has obligations to ensure timely filing of such withholding obligations. The independent contractor also enjoys the employment rights just as the employees and therefore it makes it difficult to dismiss such a contractor. The engagement as an independent contractor does not exempt the employer from the assessment by Canada Revenue Agency which means the obligations of the employer in this regard does not reduce.
Consumer protection The consumer protection laws may not be exhaustive enough to ensure good marketing practices. The legislation is a key element in forming a legal stand point of the business and especially in an undertaking that involve the public. The state has a big responsibility towards the affairs and concerns of the citizens and in this instance the consumers to an extent that such cannot be left to the market forces to give direction of the events and undertakings concerning the consumers. The market comprises of individuals who are solely interested in profits from their trade which may not involve the responsibilities they have over the welfare of the consumers.
Businesses need to be familiar with the law relating to competition and consumer protection because the two form the core or the business. Any business is highly determined by the competitors and the consumers and lack of control or legislation in regard to the two may result to unfair competition which would be detrimental to a fair business and also may put the welfare of the consumers at a risk because there may emerge marketers who may take the advantage of the market and exploit the consumers unfairly. The law therefore ensures that honest business is upheld and the consumer is protected from exploitation by the business owners.
De-risking Real Estate Leases or Purchases The lease involves the right to utilize the leased item for a specified period of time without interference by the lessor. For this reason it is prudent to consider checking all the elements and clauses of the lease to avoid any risks arising from the lease that were not known by the holder prior the lease agreement.
The clauses in the lease should include the rights to the use, removal or alterations of any items or structures within the area of lease. The lease should include the removal or alteration of any item or structure by the lessor after the lease agreement has been signed to protect the holder of the lease from disturbance and unauthorized use of items and structures.
The clause should consider including the right to install machinery and equipment which may involve modification of the existing structures of the building. The lease clauses should state all the prohibitions that the lessor considers necessary and may not be allowed to add any more prohibitions and/or conditions about the use of the estate once the lease agreement has been signed.
Lessons Learned Business risks Businesses are exposed to both external risk factors such as compliance risks, technological risks, environmental risks,
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Lessons Learned Business risks Businesses are exposed to both external risk factors such as compliance risks, technological risks, environmental risks,
health and safety risks as well as political interference. Businesses are also exposed to internal risks such as strategic risks, innovation, organizational and operational, employee risks and financial risks.
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health and safety risks as well as political interference. Businesses are also exposed to internal risks such as strategic risks, innovation, organizational and operational, employee risks and financial risks.
Organizational and operational risk; these includes the operational and administrative procedure employed by the managers of the business. Such operations include inaccurate record keeping, non-functional communication systems and general management problems. Such risks could lead to loss of customers, loss of data and exposure to other risks. Such risk should be mitigated through management training, review and update of systems and proper recruitment of the managers and administrators. Management training would also be beneficial to the business.
Health and Safety risks; the health and safety of the workers or employees of any business should be observed. Lack of health and safety measure may expose the employees or workers to bodily and harm that may lead to costly liabilities arising out of failure to uphold such health and safety measures. The risk should be mitigated by adhering to the health and safety regulations provided in the legislations such as providing workers with the right working equipment and observing high standards of quality working equipment.
Technological risks; these include use of outdated technology in business thus inhibiting development and also affecting the quality of the products. The businesses should ensure they adopt new and upcoming technology in order to keep up with the quality of the products and services and alto to ensure retention of customers.