Executive Summary BAT is a technology that sells financial software to individuals and organizations. BAT’s success had attracted a number of competitors. BAT differentiated itself by committing to free tech support for the life of the product. BAT started its call center operations in 1987 …
A misrepresentation is distinct from a statement of opinion which may render a valid contract void or voidable. There is a difference between innocent, negligent and fraudulent misrepresentations. An innocent misrepresentation would affect a contract. A negligent misrepresentation may result in liability for negligence; whereas, …
REMEDIES • method by which an injured party enforces a right or corrects a loss. It will depend on the nature of breach and the result will be differ between parties. The remedies available for breach of contract are: 1) RESCISSION • An equitable remedy …
TUTORIAL 2 1. Ali and Abu were neighbours. Ali had to go to Singapore for a business seminar. Before he left, he told Abu “Please look after my house”. After two weeks of being away, Ali’s house caught fire and Abu could only save a …
Introduction In Malaysia, the Income Tax Act 1967 Section 3 sets the scope of income tax provided that income accrued in or derived from Malaysia would be tax. However, S3B of the Act specifically provides that income derived by an offshore company in respect of …
* Under 2005 The Certificate Of Practical J.C.T. Completion has far making effects upon the rights and duties of all concerned within the contract these include the beginning of the defects liability period which normally lasts for 6 months.Possession of the site returns to the …
Case 1 Feed R&D or Farm It Out? The predicament that RLK Media is facing is losing their market share in the products that they manufacture and sell, without a new product to offer its customers and with the very competitive pace that the other …
Conflict on a Trading Floor The case describes the ethical dilemma occurred in FirstAmerica Bank. The sales department of the bank was preparing a 700 mln. USD loan contract for one of the bank’s former client: Poseidon Cruise Lines. Poseidon intended to order a large …
Management Test Questions & Suggested Solutions by L. Muralidharan, FCA, Grad. CWA Question 1 Bharata Ltd is considering proposals for design changes in one of a range of soft toys. The proposals are as follows: Eliminate some of the decorative stitching from the toy. Use …
Background of the Case 1976 Former Japanese Prime Minister Kakuei Tanaka was arrested on charges of taking bribes amounting to $1. 8 Million Dollars from Lockheed Aircraft Company. Tanaka’s secretary and several other government officials were arrested together with former Prime Minister Tanaka. Takeo Miki …
Question 1 Distinguish between a negotiable and nonnegotiable instrument. Be explicit. Negotiable instruments such as contracts are usually commercial in nature. These forms of negotiable instruments have requirements which abide with the provisions of the revised Article 3 of the Uniform Commercial Code (UCC). Under …
Therefore, if the contract between the distributor and Bolivia is “FOB Shipping Point”, then Bolivia should recognize the revenue once the truck left its manufacturing facility in Manitoba, Canada. Under “FOB Destination” contract structure: Since “FOB Destination” contract requires the seller to be responsible for …
Abstract The rising of the Islamic banking and finance industry is a direct response to the growing awareness amongst Muslim regarding the need of alternative financial products and services that is complied with the teaching of Islam. To be specifically, the demand is based on …
According to the movie, Ben Carson grew up from the poor family with his mother is non-education. She is only a maid in the rich man’s house. One day during cleaning his house, Ben’s mother learned that reading a book is better than spending the …
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: …
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 …
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 …
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 …
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 …
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 …
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 …
Ratification
Ratifying a contract is the act of approving the terms and conditions that are being spelled out in the document. For example, if you go on vacation and provide permission to an employee to sign a contract on your behalf, you may be then asked to ratify it.
Assignment
An assignment of contract occurs when one party to an existing contract (the "assignor") hands off the contract's obligations and benefits to another party (the "assignee"). Ideally, the assignor wants the assignee to step into his shoes and assume all of his contractual obligations and rights.
Contract law cases
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