What is an exclusion clause? An exclusion or exemption clause is a clause that seeks to exclude a party’s liability when there is a breach of the contract) Example: Grace hires a powerful laptop together with suitable software for her job from Office Supplies Ltd. …
Have you ever tried making yourself believe of the things that weren’t actually real? Well, if you did, then that was a normal thing experienced by others, experienced by you and experienced by me. False-hope. That was the right term to be used for those …
International Business – Foreign Trade M/S Taneja Exports, Mumbai Introduction Mr. Gurmeet Taneja and Mr. Rahul Khatri are partners of M/S Taneja exports, Mumbai. Both of them qualified from IIFT, New Delhi in the year 2002. They declined lucrative corporate job offers, since they have …
Introduction Construction activities are often exposed to various weather conditions, and often construction productivity is dependent on these weather conditions. Weather conditions are local, seasonal, and sometimes unusual. Inclement weather conditions often result in project disruptions, delays, and disputes between the project parties. Many trades …
Criminal intent refers to the decision by someone to carry out acts whose results he knows are prohibited. There are various degrees of mental fault namely; knowingly, intentionally, recklessness and negligence. The constitutional amendments that affect criminal procedures are first, the simplification of rules that …
1. Why do many firms use cost-plus pricing for supply contracts? Firms use cost-plus or markup pricing because firms have informal understanding or implicit contracts with their long term customers that permit them to raise the prices when costs increases. Firms must price their products …
Introduction The three appeals considered by the House of Lords under the lead name OBG Ltd. v Allan [1]were concerned with claims in tort for third party economic loss caused by intentional acts and were heard consecutively because the legal issues overlapped. [2] The current …
Introduction Amidst a flurry of cases during the early years of adjudication, the courts appear to have achieved their aim of resolving questions thrown up by the 1996 Housing Grants Construction and Regeneration Actand creating a reliable process for the pursuit of adjudication-related claims (Fenn …
Explain the similarities and differences between AT and TCE on corporate governance and criticize AT using TCE’s perspective Both AT and TCE share considerably the same assumption, they believe that market mechanism will not work all the time because of bounded rationality, opportunism, and moral …
The Statute of Frauds is an aggregate term that describes a number of statutory provisions that require certain kinds of contracts to be in writing for them to be enforceable. Under the Uniform Commercial Code, these are the circumstances that require written contracts: consideration of …
The first set of facts in these cases of law portrays Antony who is a New Jersey resident and owned a wast disposal company and decided to expand his business to New York city. On one Sunday afternoon, he drove the company’s SUV to …
A Holder in Due Course can be defined as a holder who takes a negotiable instrument in good faith, without noticing that such instrument has been dishonored or that there is a hiden fraudulent issue behind it. In this particular case, I don’t think that …
May 2, 2010 UPS/Teamsters negotiation in 1997 Introduction In 1997 united parcel service and the Teamsters were on table again after 1993’s contract negotiation. It was common since 1980’s that union sent signals to management about large concessions before every negotiation. Union made it clear …
English law is made up primarily of Civil and Criminal Law. Civil Law is concerned with the the Laws of Tort and Contract. Civil law can be defined as that area of law which is concerned with private disputes that occur between individuals or between …
Introduction The Indian Contract Act traces its roots back to the English Contract Law. But the Indian Contract Act shows some deviation from the English Contract Law. This deviation is propounded in the treatment of the acceptor i.e. the offeree wherein the Indian law on …
“I plead the 5th! ” That phrase is heard from the mouths of children as well as adults. It has become a cliche. Children learn early in life what the phrase means and how and when to use it. They use it as a tool …
Introduction The essay will try to answer for one question: Are we at “The End of Social Housing”. To understand good this problem the meaning of social housing should be presented, short history of this occurrence. As it is presented in next chapter the beginning …
Qantas dispute heads to umpire, more pain possible Kelly Burke, Matthew O’Sullivan, Jessica Wright November 22, 2011 [pic] Alan Joyce… “the winners out of this are our customers”. Photo: Dallas Kilponen THE Qantas dispute will drag into next year and there is a threat of …
The Company of Little Lamb hired Mary as a programmer for a special project. There was a contract for that specific project, and near completion. However, the company was still in need of her services. So, they asked Mary to continue working with the company …
Since January 2011 till now I am working under direct supervision of Engineer Habib Khan the Director of the Irrigation Directorate for the Ministry of Agriculture, Irrigation and Livestock. Mr. Khan is a honest, trustworthy, self-motivated, Competence, committed and straightforward person of whom I really …
The prevailing tendency of organizations is to concentrate on core activities and opt to outsource those activities which are considered to be noncore. Discuss the concept of outsourcing, reason behind outsourcing and its challenges. Outsourcing is the act of one company contracting with another company …
Assignments IBL2 November 2009-11-24 All subgroups number 1: Answer the following questions: a. end of chapter 10 questions number 1, 4, 5 and 6 b. give your opinion on the following situation: Intermediary Oil Co. (IOC) of Country A purchased fuel oil that was at …
An acceptance is “a manifestation of assent to the terms [of the offer] made by the offeree in the manner invited or required by the offer. ” In determining if an offeree accepted an offer and created a contract, a court will look for evidence …
As I have been doing business with Don on a steady basis. I would consider us to be in an Implied contract situation. Subtask, Brenna, Browne (2009) defines an implied contract as “established by the conduct of a party rather than by the party’s written …
What aspect of business excites you most? How do you hope to contribute? Business is my passion, as it is my long time ambition to become a businessman. I am most interested in the financial aspect of business, as well as the present business triangle …
The USC requires that a HAD take an instrument in good faith. This means that Answer d. Kate must be assured in writing that the instrument has no defects. Correct Answer: Kate must have acted honestly and observed all reasonable commercial standards of fair dealing. …
Courts are over bounded with a large number of cases and their disposal takes long time. Therefore a need was felt for a faster dispute resolving mechanism. That’s why “Arbitration Act” was provided with a view to give speedy justice to the people and also …
False, both parties are released from it 5. A request or invitation to negotiate is an offer. False, an offer is a promise to do or refrain from doing something 6. An acceptance can impose new conditions or change the terms of the original offer …
Question 1 Base on the case presented in this question, there is a valid promise between Tina and Yatie. According to Section 2a of Contract Act, when one person signifies to another his willingness to do or abstain from doing anything, with a view to …
This compilation consists of the full analysis and financial come actual xpenditure of an on going business project plan along Ojijo road , it is a more ,like we would say sub urban residential area . It was actually a more of a resettlement of …
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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