...NEGOTIABLE INSTRUMENTS ACT,1881 Definition of a Negotiable Instrument. The law relating to negotiable instruments is contained in the Negotiable Instruments Act, 1881. It is an Act to define and amend the law relating to promissory notes, bills of exchange and cheques. The Act does not affect the custom or local usage relating to an instrument in oriental language i.e., a Hundi. The term "negotiable instrument" means a document transferable from one person to another. However the Act has not defined the term. It merely says that "A .negotiable instrument" means a promissory note, bill of exchange or cheque payab1e either to order or to bearer. [Section 13(1)] A negotiable instrument may be defined as "an instrument, the. property in which is acquired by anyone who takes it bona fide, and for value, notwithstan~ing any defect of title in the person from whom he took it, from which it follo~s that an instrument cannot be negotiable unless it is such and in such a state that the true owner could transfer the contract or engagement contained therein by simple delivery of instrument" (Willis- The Law of Negotiable Securities, Page 6). According to this definition the following are the conditions of negotiability: (i) The instrument should be freely transferable. An instrument cannot be negotiable unless it is such and in such state that the true owner could transfer by simple delivery or endorsement and delivery. (ii) The person who takes it for value...
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...SAT Vocabulary A abase (v.) to humiliate, degrade (After being overthrown and abased, the deposed leader offered to bow down to his conqueror.) abate (v.) to reduce, lessen (The rain poured down for a while, then abated.) abdicate (v.) to give up a position, usually one of leadership (When he realized that the revolutionaries would surely win, the king abdicated his throne.) abduct (v.) to kidnap, take by force (The evildoers abducted the fairy princess from her happy home.) aberration (n.) something that differs from the norm (In 1918, the Boston Red Sox won the World Series, but the success turned out to be an aberration, and the Red Sox have not won a World Series since.) abet (v.) to aid, help, encourage (The spy succeeded only because he had a friend on the inside to abet him.) SAT Vocabulary A abhor (v.) to hate, detest (Because he always wound up kicking himself in the head when he tried to play soccer, Oswald began to abhor the sport.) abide 1. (v.) to put up with (Though he did not agree with the decision, Chuck decided to abide by it.) 2. (v.) to remain (Despite the beating they’ve taken from the weather throughout the millennia, the mountains abide.) abject (adj.) wretched, pitiful (After losing all her money, falling into a puddle, and breaking her ankle, Eloise was abject.) abjure (v.) to reject, renounce (To prove his honesty, the President abjured the evil policies of his wicked predecessor.) abnegation ...
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...is busy at work on his scaffold when Dorothy’s Scottish terrier TuTu, who she keeps with her at work, plows into the scaffolding while chasing a cat. Phil is knocked off the scaffold and falls ten feet to the ground, suffering a broken leg. Please address any and all issues you spot in this problem. You may need to make a few assumptions, if so... please state what those assumptions are. According to www.businessdictionary.com, an agent’s duties are to act on behalf of and be subject to the control of the principal, act within the scope of authority delegated by the principal, use duties with appropriate care, avoid conflict with personal interests and those of the principal, and promptly hand over to the principal all monies collected on principal’s behalf. The principal’s duties are to compensate the agent as agreed and to cover the agent against claims, liabilities, and expenses incurred in using duties assigned by the principal. The relationship between the principal and the agent is the agreement that the agent will act on the behalf of the principal. The agent assumes an obligation of loyalty to the...
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...is concerned, first and foremost, he or she must be aware of the different types of emergency situations that can arise on board ship. This would help in understanding the real scenario in a better way, and would also lead to taking correct actions to save life, property, and environment. We have prepared a brief instruction guide that must be given to all the seafarer onboard to tackle different emergency situations. Emergency Situation Guide Officers and crew should familiarize themselves thoroughly with the Fire Training Manual and the training manual on Life Saving Appliances of the ship. General Alarm In case of a general alarm: * Rush to muster station with life jacket, immersion suit, and act according to the vessel’s Muster Lists. * Act as per the emergency explained by the in charge officer. Fire alarm In case of a fire alarm: * Inform Officer On Watch. * Check if it is a false or true alarm. * Report back of findings. * In case of fire, raise the Fire/General alarm as soon as possible. Try to stop fire and if it is not possible, muster according to the Fire Muster List. Man Over Board signal In case of Man Overboard Signal: * Rush to the deck and try to locate the crew member fallen in the water * Throw lifebuoy and inform deck. Read more here. Abandon Ship Signal In case of...
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...Adam 15 September 2014 The Price of College is on the Rise On the morning of Wednesday March 6th, 2013 I hurriedly got ready for the ACT after slightly sleeping in. The panic from sleeping in on top of all the stress and worry for my future made me on edge for the most important day thus far in my young adult life. All of my hard work for the past 3 years was rest assured on the next 4 hours, I had to get a high score on the test there is no other way. Rick Perlstein, the author of “What’s the Matter with College” argues the negative changes in college since the 1960s. He disputes that the college experience is not as radical and political as previously. He claims that students are overly concerned with money, which amplifies the fact of students being overscheduled to the point they don’t explore who they are. Indeed, young adults are too connected to their parents through technology and evolving social media to explore anything new. In other words I agree with Perlstein that college is now less of an experience, I believe this is caused by the sky rocketing cost of attendance and the focus on the economy/debt. With the enormous rise of college tuition students have been fighting the inevitable reality of debt. The College Board articulates that the average tuition at a four-year college has increased by 27 percent beyond the rate of inflation over the five years from the 2008-09 academic year to 2013-14. Even after raising cost for inflation the average cost has tripled...
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...developing marketing principles. Our goal was to develop an inventory of marketing principles and to see how this inventory changed over time. But in trying to develop this inventory, we were confronted by the second question, that is, the communication of knowledge. Thus, we sought to develop an inventory of the principles that are actually being communicated. As a working definition, we defined principles as normative statements that specify a condition followed by a suggested action. That is, marketing principles should provide operational guidelines, telling managers how to act in a given type of situation. An example of a principle is that the illustration in a print ad should be placed above the copy. Principles should help marketing managers to make better decisions because they incorporate marketing knowledge derived through previous research and experience. A well-developed set of principles can act as a basis for an expert system. For example, Burke et al. (1990) developed an expert system in advertising based heavily upon the principles presented in the advertising textbook by Rossiter and Percy (1987). Well-supported principles of marketing should be of interest to marketing practitioners. Those who make marketing decisions might like to know what principles can help them make better decisions. Such principles, for example, might show the conditions under which an increase in prices would improve profitability. In many disciplines, basic principles seem to be transmitted...
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...Boudreau v. Lin, 1997 12369 (ON SC) 1997-08-20 Case Presentation For INTERNATIONAL BUSINESS LAW PREPARED BY Lewis-Asonye Chigozie 300759315 Ogunsanya Quadri 300771273 Akinola Oluwafemi 300761445 Nwankwo Ifeanyi 300671046 ON MARCH, 26TH 2014. SUBMITTED TO Professor Michael Karambatos Table of Contents Introduction…………………………………………………………………………………...2 Facts...........…………………………………………………………………………………...3 Issues.............................................................................................................…........................6 Rules ….…………...........................………………………………………………………….7 Analysis........................………………………………………………………………………..9 Conclusion….…………………………………………………………………………………11 References…………………………………………………………………………………….12 Introduction Plaintiff: Mr. Paul Boudreau; Counsel: Katherine A. Cotton Defendant: Professor Jimming Lin; Counsel: Daniel Mayo Defendant: University of Ottawa; Counsel: Kathryn Prud’ Homme The case between Mr. Paul Boudreau and Professor Jimming Lin took place in the Ontario Supreme Court (General Division) presided by Métivier J. The hearing was on the March 3, 4, and 5, 1997 while the judgement was rendered on August 20, 1997. The Judges opening remarks to the case:- The plaintiff,...
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...position of coxswain for the freshmen eight, and along with it the task of controlling eight unruly freshmen boys and keeping a $30,000 racing shell from being damaged. My sophomore year I earned the coxswain position on my team’s top boat the Men’s Junior 8+. On that boat we went undefeated all season and brought the team their second national title. Junior year I once again earned the spot of coxswain on the top boat, which this time was the Med’s 1st Varsity 8. The job as a coxswain is fairly simple. My job is to act as a second coach, I am in charge of the boys who comprise my crew and it is my job to make sure they do their job to the best of their ability. At the same time every day at practice it is demanded of me that I behave in a mature and responsible manner. My experience on my rowing team has been truly defining, I learned things about myself I would have never known had I not joined the team. As a coxswain I have to behave as if I were a coach I must act maturely and responsibly. My ability to do so has earned me respect and the honor of commanding the fastest boats my team can field. Even through the worst of times in my life I have always had rowing as an escape. At crew I am stress free and without outside burdens, I am free to be myself. I am certain that had I not joined the rowing team my freshmen year I would have been a different person. I would not have made the friends I did I would not have gained the confidence I have. And the feeling of belonging and...
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...disciplined. A soldier is supposed to act and conduct himself according to the military guidelines at all times. There is a law for everything a soldier does, from how he should walk to how he should talk. A soldier is suppose to walk erect, hands at his side, hands cuffed at the middle joints, the arms should swing nine inches to the front and six inches to the rear. A soldier has to address the person he is speaking to in the correct manner. He will acknowledge an officer as sir or ma’am, and an enlisted by his/her proper rank. There is a regulation governing how much a soldier can weigh at a certain height. If he weighs too much, then he must be taped. Being taped means to see how much body-fat a person has. If he has too much fat, then he will be placed on the overweight program. The program offers the soldier a certain amount of time to try and lose the amount of excess fat. If he is not able to lose it, then he could be kicked out of the military. There is also a regulation on how a soldier must wear his uniform. The Dress Blues are to have a worn look to it. The boots are to be brush shined. There are different types of uniforms. There is a physical fitness uniform, dress blue uniform, army combat uniform, and many others. The uniforms are not to be worn together. A soldier cannot wear a physical fitness shirt with his dress blue pants. There is a certain guideline that every soldier must follow so we all look, talk, and act as...
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...approximately 13 minutes per day using our computer. This relates to 3 days per year totally waiting. How relevant in our lives is this? Do we wait longer than that in the line of Wal-Mart buying groceries? Should we then have a label of line syndrome. There are so many labels out there all ready, should we create another. If so we could have hold music syndrome, and phone automation syndrome, and the press 1 for English syndrome. Labels do not do Americans any good. Most Americans seem to equate the word syndrome with a reason to act out. Television most recently expresses this with a commercial by GameFly. This is a company that rents video games similar to the company NetFlix. The commercial shows teenagers and adults acting crazy and throwing their televisions out windows due to buying a bad video game. Society teaches us to act as spoiled brats if we don’t get our way. The word syndrome seems to help Americans with an excuse to act out in this way. Our society does not show the ability to function as true adults. Everyone seems to want to have a reason to misbehave when we do not get things exactly the way we want. This has been proven with road rage. People have now used this excuse to get a lighter sentence for running someone off the road and injuring them deliberately. They feel justified in doing this, because someone made a mistake or deliberately cut them off on the freeway. The judge and jury then justifies this...
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...Meeting definition * A meeting is when two or more people come together to discuss one or more topic often in a formal settings. Requisite a valid meeting 1. Proper Authority 2. Notice of Meeting 3. Place of Meeting 4. Quorum 5. Chairman 6. Proxy 7. Voting at General Meeting Place of Meeting * For public company, meeting should be held at its registered office or at some other place in same city, town or village. * For private company. Its can held meeting at any other place. Irregularities in proceeding of meeting * A proper notice in writing to every member of the company is required by law for the holding of every valid meeting. Notice must be given even though a member has waived his right to have notice. It must disclose the purpose for which the meeting is called. It must be given at least 21 clear days before the date of the meeting. What other alternative form of notice of meeting 1. Personally 2. Prepaid post 3. Advertisement in news paper Quorum * Minimum number of members required to constitute a valid meeting and to transact business therein is called quorum. * If within half an hour from the time appointed for holding a meeting of the company, a quorum is not present, the meeting, if called on the requisition of members, shall stand dissolved. Agenda * Agenda gives guidance and information as to the business to be discussed and transacted in the meeting. It sets out the chronological...
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...PRESENTS: That I, ___________________________, ________ of legal age, Filipino and with postal address at _________________________________________________ have NAMED, CONSTITUTED AND APPOINTED and by these presents do hereby NAME, CONSTITUTE AND APPOINT _______________________, _________of legal age, Filipino, with residence and postal address at ________________________________________ to be my true and lawful attorney, to act in my name, place and stead, to do and execute any of the following acts, to wit: 1. To buy, acquire and purchase from Sta. Lucia Realty & Dev., Inc. a subdivision lot which is more particularly identified as Phase ____ Block ___ Lot ____ of ___________ _____________________________, with an area of ____ sq.m. for such price and under such terms and conditions acceptable to my attorney-in-fact; 2. To sign, execute and deliver contract to sell, deed of absolute sale, transfer of rights and any/all documents pertinent to the above-mentioned property; 3. In general, to perform any and all acts proper and necessary in order to effectuate the foregoing. HEREBY GIVING AND GRANTING unto my said attorney full power and authority whatsoever requisite or necessary or proper to be done in or about the promises, as fully to all intents and purposes as I might or could lawfully do if personally present, and hereby ratifying and conforming all that my said attorney shall do in our name and stead under and by virtue of these...
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...Case: Acme Manufacturing Company Case & United Machine Workers Introduction to the case analysis The legal aspect of every contract in business requires critical analysis for every term in accordance to the specifics upon which both parties are involved. The reason for analyzing such terms carefully is because it can become a crucial part in determining the decision making when addressing any business problem. This is generally more important from the perspective of the company management because some situations can result in high intensity and significance for the company. Analyzing the terms of a contract will help avoid any inappropriate or insufficient conclusions when presenting a final resolution in times of a dispute. The case to be evaluated in this assignment is the result from an opposing perception of an issue in which both party’s are involved. The grievance is the result from the opposing views on a subordination matter; that of the management’s perspective and that of the employee. The case to be evaluated can very easily occur in an actual situation and I would like to write this analysis from the management’s perspective. Summary of the issue(s) The problem involves the contradicting views of a legal issue within the union contract reached between our firm, the Acme Manufacturing Company (the company) and the United Machine Workers Union (the union). The parties in question in the dispute are Mrs. Kyla Martin, a machine operator working in...
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...SPECIAL POWER OF ATTORNEY Know all men by these presents: That I/We, _______________________________________, Filipino, married/single, of legal age/s, with residence and postal address at ____________________________________ do hereby NAME, CONSTITUTE, and APPIONT ________________________________ to be my/our true and lawful ATTORNEY-IN-FACT for me/us , in my/our name, place and stead, to do and perform the following special powers, to wit: 1. To transact with the 8990 HOUSING DEVELOPMENT CORP/HOME DEVELOPMENT MUTUAL FUND(HDMF), regarding the acquisition of a residential lot with the house therein, in whatever manner most convenient to me/us; 2. To execute and sign any other documents/instruments in my/our behalf including the submission of all necessary papers and documents relevant to the said transaction 3. To sign any and all documents necessary to transact with public utility companies for power, water, telephone and cable facilities. 4. To alienate, lease, mortgage, hypothecate, encumber, and/or transfer by any means under such terms and conditions as my/our sad ATTORNEY-IN-FACT shall deem necessary or beneficial for me/us. HEREBY GIVING AND GRANTING UNTO my/our said ATTORNEY-IN-FACT full power and authority as full to all intents and purposes as I/We might could lawfully do if personally present and acting in person and hereby ratifying and confirming all that my/our said ATTORNEY-IN-FACT or his/her substitute shall lawfully do or cause to...
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...Inter-jurisdictional Coordination of EA: Challenges and opportunities arising from differences among provincial and territorial assessment requirements and processes Report for the Environmental Planning and Assessment Caucus, Canadian Environmental Network East Coast Environmental Law Association Deborah Carver, Robert Gibson, Jessie Irving, Hilary Kennan, Erin Burbidge November 20, 2010 ______________________________________________________________________ Summary.........................................................................................................................................3 I Inter-jurisdictional coordination of EA........................................................................... 4 II Basic principles for upwards harmonization through inter-jurisdictional EA coordination.............................................................................................................................. 6 III Immediate and underlying concerns driving attention to improved inter-jurisdictional coordination.............................................................................................................................. 8 IV Provincial EA regime differences as a challenge and an opportunity for coordination and harmonization ..................................................................................................................11 V Key characteristics of the provincial and territorial EA regimes ..................................13...
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