EROSION OF CONSENSUS AD IDEM This work is to discuss about the erosion of “consensus ad idem” or called as “meeting of the minds”, to get to know about this we have to know about “Contract” where in which the “consensus ad idem” plays a …
Offer ( Topic 3) Is a proposal the acceptance of which establishes the existence of an agreement. It shows a promissory intent. In other words, it is a promise to do or refrain from doing something. – Usually upon condition that the other party agrees …
Homesafe Ltd. Written Analysis and Communication Instructor: Dr. Seema Khanvilkar Submitted By: Apurv Jain, D023 Shreyansh Jain, D027 Mohit Sejwal, D055 Vinay Pal, D045 Sahil Bhavnani, D006 Aman Jakhar, D030 Letter of Transmittal To, Dr. Seema Khanvilkar, Business Communication Faculty, SBM, NMIMS – Mumbai Date: …
Payment or performance payment means not only the delivery of money but also the performance, in any other manner of an obligation. How must the payment be made? There must be delivery of the thing or rendition of the service that was contemplated. The debtor …
In building and engineering contracts it is usual to insert a provision empowering the employer to forfeit certain rights or property of the contractor on the occurrence of certain events. “Forfeiture clause” is a loose term usually used to describe a clause in a written …
September 16, 2006 Worksheet 1 EMPLOYMENT TORTS Employer’s Liability 1. Introduction The basis of the liability of an employer for negligence in respect of injury suffered by his employee during the course of the employee’s work is twofold: 1. He may be liable for breach …
1. Whether petitioner is doing or transacting business in the Philippines in contemplation of the law and established jurisprudence; 2. Whether respondent is estopped from invoking the defense that petitioner has no legal capacity to sue in the Philippines; Facts: Petitioner Cargill, Inc. (petitioner) is …
Achieving Greatness Greatness is something achieved by going above and beyond the norms of being great. Grandpa, Benjamin Slater, has achieved greatness through his hard work, generosity, and loving personality. Ben was always doing things to help others, including his children, grandchildren, and neighbors. He …
Who is Hamer in Hamer v sidway? Hamer is the side of a nephew who filed a lawsuit against his uncle in the amount of $ 5,000 for failure to fulfill the contract. What rule of contract law did the court apply to the facts …
Based on a long common law history and once an important measure in sales contracts, s.13 Sale of Goods Act 1979 has now become unnecessary and irrelevant.’ Introduction Section 13 of the Sale of Goods Act 1979 was previously considered an important measure in sales …
Introduction Doing or expanding business in Asia nowadays has become a popular trend from companies around the world, many big firms based on Europe and United States of America recently has opened a branch in Asia in order to reach the Asia Market. The main …
Government Intervention at Boeing and Airbus Towards the beginning of aircraft manufacturing, Boeing and McDonnell Douglas stood as the leading aircraft manufacturers on a global scale. Working alongside the U. S. Department of Defense, Boeing received multiple contracts aiding the industry with tax breaks and …
Overview of Procurement Procurement is the acquisition of goods, works and services at the best total cost of ownership, in the right quality and quantity and at the right time. It also involves the acquisition of goods and services at the right place and from …
“The doctrine of ‘separate legal personality’, as embodied in Salomon v Salomon & Co Ltd [1897] AC 22, has been fatally undermined by the number of subsequent exceptions to it.” Discuss this statement, stating whether you agree or disagree, in whole or in part, and …
The world of commerce and most business relationships are initiated on a contract. Understanding of contract law is crucial for all business people, owners, and managers. Since most commercial arrangements are constructed on contractual relationships. A decent preliminary point would be an empirical definition of …
Pactum reservati dominii 2. Facts of the case and the issues to be decided4 3. Validity and effects of pactum reservati dominii in the present case5 Conclusion7 References8 Table of Cases Quirk’s Trustees v Assignees of Liddle & Co. (1884 – 1885) 3 SC 322 …
Case Analysis Puran Lal Sah versus State of UP Submitted by – Aseem Agarwal (12PGPIM04) Nitin Gupta (12PGPIM21) Rahul Jain (12PGPIM24) Saumitra Das (12PGPIM28) Nishant Shah (12PGPIM29) Supreme Court of India Puran Lal Sah vs State Of U. P on 21 January, 1971 Equivalent citations: …
The doctrine of judicial precedent is based on the principle of stare decisis which means ‘to stand by what has been decided’. It is a common law principle whereby judges are bound to follow previous decisions in cases where the material facts are sufficiently similar …
The Law of Partnerships:Scott Osborne The applicable law: Partnership Act 1892 (NSW) The relevant law is contained in the Partnership Act (PA) of each of the jurisdictions. All are based on the PA (1890) UK Act. The contractual nature of Partnerships Partnerships are essentially contractual. …
Introduction Airbus is an aircraft industrializing subsidiary of European Air Space Company. It is situated in France with considerable action across Europe. It is one of the companies that manufacture approximately half of the total production of the world’s jet airliners. It started as association …
The test for duress of the person Barton v. Armstrong It is enough that the pressure “was a reason (not the reason, nor the predominant reason nor the clinching reason) why the complainant acted the way he did. The person who applies pressure to extract …
Introduction: The promissory estoppel is a legal equity clause that can be applied to effect agreements that are nonbinding. The principles : “ It is the first principle upon which all Courts of Equity proceed, that if parties who have entered into definite and distinct …
All of the case studies are concerned with the Law of Contract, specifically the formation of a contract and the differences between an invitation to treat and a contract. We will investigate each consumers’s specific contract or lack thereof individually and advise Bruce on his …
What are the principles under the doctrine of binding precedent? When it comes to deciding on case, judges do not decide solely on their own. They are bound to follow certain accepted principles which are commonly known as “the doctrine of binding precedent”. The doctrine …
Unpaid Seller Definition: In a transaction of sale it is not possible to avoid credit sales. In credit sales there is a risk of a debtor not paying the price of the goods even after the credit period is over. The seller of the goods …
In this case study, Patina is the seller and Luca is the buyer under an FOB (Free on Board) agreement. General picture of a FOB contract can be congregated from the case of Wimble & Sons v Rosenberg & Sons which describes it as a …
Need to talk about criteria/ funding where the money came from The Wembley stadium was built using a Design and build Procurement strategy. A Design and build strategy is where a single contractor is responsible for both the design and construction of the stadium. The …
Specific Performance MT311 Business Law Part I There are four situations we have to review in terms of specific performance and possible breach of contract. First we must understand the elements of specific performance then we can evaluate how they relate to each scenario. “In …
The contract between parties is a CIF (cost, insurance and freight) contract and as such, the Seller is required to arrange the carriage of the goods, their insurance in transit and all costs of such arrangements are usually included in the contract price (Bridge, 2007). …
Abdul Rashid Abdul Majid v Island Golf Properties Sdn Bhd In this case, the issues is whether the board was entitled to levy and collect fees known as development fees from members? Principles The defendants owned, managed and operate a social golf club. Membership of …
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