...LAW204 - CONTRACTS Week 5 – Express Terms ___________ ** N.B. The main cases covered in lectures, containing MAIN RULES are highlighted in YELLOW! READINGS/LECTURE CHAPTER 10 – EXPRESS TERMS Introduction – Contents of a Contract? * Express Terms: contain contractual promise and terms that are capable of being Incorporation by pre-contractual statement: * Courts look at what the parties said * Have these statements become express terms? Statements the court acknowledges: * Irrelevant statements and Puffs: * Sales talk, exaggerations e.g. best on the market! * No reasonable person is supposed to take it seriously * No affect on contract, not actionable * Representations: * Factual statements which are intended to and do induce the representee to enter the contract not made to be binding * Merely representational/description with no promissory intent – truth not guaranteed by their marker * LACK ANY CONTRACTUAL FORCE * False representations may constitute a misrepresentation innocent party may be able to rescind the contract, or attract remedies under statue (misleading and deceptive conduct) * Legal action is limited to actions in negligence or fraud (deliberately lied to you) or misleading or deceptive conduct under s18 of Australian Consumer Law * Terms: * Contractual undertakings intended to be binding – not merely representational ...
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...A. Intention Social/domestic nature: do not intent to create legal relation Balfour v Balfour (1912) husband n wife diff region(do not intent to legally bound), Wakeling v Ripely (1951) do have intent to legally bound, in reliance on the promise & serious consequences & evidence regarding parties intention.Commercial nature: intend to create legal relations: Edwards v Skyways Ltd(1964)(Employees & Company)(agreement was commercial, have intention) Carlill v Carbolic Smoke Ball Co( 1893)(Advertisement)(claim have money in bank and intent to pay for those who sick after use the product) .Leorard v Pepsico Inc (2000)(Advertisement)(PUFF)(no intention) Issue: Did the grandfather and granddaughter intent to create legal relation? Situations for rebutting: The nature of the document (if any) may indicate intention (eg if drafted by a solicitor) The agreement may expressly state that it creates legal relations (Rose & Frank Co v J R Crompton & Bros Ltd (1925)) The surrounding circumstances may indicate intention (eg Merritt v Merritt) One party may have changed position significantly in reliance on the agreement - the consequences are sufficiently serious (eg Wakeling v Ripley) B. Agreement : offer n Acceptance #1 Invitation to treat: invitation to other to make an offer (Advisements catalog: Carlill v Carbolic Smoke Ball Co, Advertisements are usually considered to be invitations to treat (Carlill v CSBC).(Display of good:Goods on display in a shop are not treated as an offer...
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...ight Right Word Wrong Word Words and structures confused and misused by learners of English L. G. Alexander LONGMAN Addison Wesley Longman Limited Edinburgh Gate, Harlow Essex CM20 2JE, England and Associated Companies throughout the world. © Longman Group UK Limited 1994 All rights reserved; no part of this publication may be reproduced, stored in a retrieval system, or transmitted in any form or by any means, electronic, mechanical, photocopying, recording or otherwise, without the prior written permission of the Publishers. First published 1994 Fifth impression 1997 Illustrated by Chris Ryley British Library Cataloguing in Publication Data Alexander, L. G. Right Word Wrong Word: Words and Structures Confused and Misused by Learners of English. - (Longman English Grammar Series) I. Title II. Ryley, Chris III. Series 428.24 ISBN 0-582-21860-8 Library of Congress Cataloging-in-Publication Data Alexander, L.G. Right word wrong word: words and structures confused and misused by learners of English/L.G. Alexander. p. cm. Includes bibliographical references and index. ISBN 0-58221860-8 1. English language-Usage. 2. English language-Errors of usage. I. Title. PE1460.A48 1993 428.2'4-dc20 93-11963 CIP We have been unable to trace the copyright holder of the text for Exercise 52 Everybody, Somebody, Anybody, Nobody and would appreciate any information that would enable us to do so. Set in Times New Roman, TrueType Produced through Longman Malaysia, ETS ISBN 0 582 21860 8 ...
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...Dictionary of Travel, Tourism and Hospitality By the same author Britain – Workshop or Service Centre to the World? The British Hotel and Catering Industry The Business of Hotels (with H. Ingram) Europeans on Holiday Higher Education and Research in Tourism in Western Europe Historical Development of Tourism (with A.J. Burkart) Holiday Surveys Examined The Management of Tourism (with A.J. Burkart eds) Managing Tourism (ed.) A Manual of Hotel Reception (with J.R.S. Beavis) Paying Guests Profile of the Hotel and Catering Industry (with D.W. Airey) Tourism and Hospitality in the 21st Century (with A. Lockwood eds) Tourism and Productivity Tourism Council of the South Pacific Corporate Plan Tourism Employment in Wales Tourism: Past, Present and Future (with A.J. Burkart) Trends in Tourism: World Experience and England’s Prospects Trends in World Tourism Understanding Tourism Your Manpower (with J. Denton) Dictionary of Travel, Tourism and Hospitality S. Medlik Third edition OXFORD AMSTERDAM BOSTON LONDON NEW YORK PARIS SAN DIEGO SAN FRANCISCO SINGAPORE SYDNEY TOKYO Butterworth-Heinemann An imprint of Elsevier Science Linacre House, Jordan Hill, Oxford OX2 8DP 200 Wheeler Road, Burlington MA 01803 First published 1993 Reprinted (with amendments) 1994 Second edition 1996 Third edition 2003 Copyright © 1993, 1996, 2003, S. Medlik. All rights reserved The right of S. Medlik to be identified as the author of this work has been asserted...
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...Traffic Engineering Design This page intentionally left blank Traffic Engineering Design Principles and Practice Second edition Mike Slinn MVA Limited, MVA House, Victoria Way, Woking GU21 1DD, UK Paul Matthews MVA Limited, Third Floor, One Berners Street, London W1T 3LA, UK Peter Guest 8 The Grove, Farnborough, Hampshire GU14 6QR, UK AMSTERDAM • BOSTON • HEIDELBERG • LONDON • NEW YORK • OXFORD PARIS • SAN DIEGO • SAN FRANCISCO • SINGAPORE • SYDNEY • TOKYO Elsevier Butterworth-Heinemann Linacre House, Jordan Hill, Oxford OX2 8DP 30 Corporate Drive, Burlington, MA 01803 First published by Arnold, 1998 Reprinted 2003 Second edition 2005 Copyright © 2005, Elsevier Ltd. All rights reserved. No part of this publication may be reproduced in any material form (including photocopying or storing in any medium by electronic means and whether or not transiently or incidentally to some other use of this publication) without the written permission of the copyright holder except in accordance with the provisions of the Copyright, Designs and Patents Act 1988 or under the terms of a license issued by the Copyright Licensing Agency Ltd, 90 Tottenham Court Road, London, England W1T 4LP. Applications for the copyright holder’s written permission to reproduce any part of this publication should be addressed to the publisher. Permissions may be sought directly from Elsevier’s Science and Technology Rights Department in Oxford, UK: phone: (ϩ44) (0) 1865 843830; fax: (ϩ44) (0) 1865 853333;...
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...500 extraordinary islands G R E E N L A N D Beaufort Sea Baffin Bay vi Da i tra sS t a nm De it Stra rk Hudson Bay Gulf of Alaska Vancouver Portland C A N A D A Calgary Winnipeg Newfoundland Quebec Minneapolis UNITED STATES San Francisco Los Angeles San Diego Phoenix Dallas Ottawa Montreal ChicagoDetroitToronto Boston New York OF AMERICA Philadelphia Washington DC St. Louis Atlanta New Orleans Houston Monterrey NORTH AT L A N T I C OCEAN MEXICO Guadalajara Mexico City Gulf of Mexico Miami Havana CUBA GUATEMALA HONDURAS b e a n Sea EL SALVADOR NICARAGUA Managua BAHAMAS DOMINICAN REPUBLIC JAMAICA San Juan HAITI BELIZE C a r PUERTO RICO ib TRINIDAD & Caracas N TOBAGO A COSTA RICA IA M PANAMA VENEZUELA UYANRINA H GU C U G Medellín A PAC I F I C OCEAN Galapagos Islands COLOMBIA ECUADOR Bogotá Cali S FR EN Belém Recife Lima BR A Z I L PERU La Paz Brasélia Salvador Belo Horizonte Rio de Janeiro ~ Sao Paulo BOLIVIA PARAGUAY CHILE Cordoba Santiago Pôrto Alegre URUGUAY Montevideo Buenos Aires ARGENTINA FALKLAND/MALVINAS ISLANDS South Georgia extraordinary islands 1st Edition 500 By Julie Duchaine, Holly Hughes, Alexis Lipsitz Flippin, and Sylvie Murphy Contents Chapter 1 Beachcomber Islands . . . . . . . . . . . . . . . 1 Aquatic Playgrounds 2 Island Hopping the Turks & Caicos: Barefoot Luxury 12 Life’s a Beach 14 Unvarnished & Unspoiled 21 Sailing...
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...Model Marriage A Marriage Counselling Handbook by Dag Heward-Mills ***** Copyright 2005 Dag Heward-Mills E mail Dag Heward-Mills info@daghewardmillsbooks.org evangelist@daghewardmills.org Find out more about Dag Heward-Mills at: http://www.daghewardmills.org Unless otherwise stated, all Scripture quotations are taken from the King James Version of the Bible CONTENTS Acknowledgements Introduction Section 1 – THE BELOVEDS 1. The Beloveds 2. The Official Recognition of Your Relationship by the Church 3. Counselling the Beloveds Section 2 – THE FUNDAMENTALS 4. Definition of Marriage 5. Biblical Reasons for Marriage Section 3 – THE RELATIONSHIP 6. The God-Type of Marriage 7. The Christian Home 8. Love in Marriage 9. Communication in Marriage 10. Faithfulness and Unfaithfulness in Marriage Section 4 – THE DUTIES 11. Duties of the Husband 12. Duties of the Wife 13. The Total Wife 14. Home Keeping and House Helps 15. Principles of Finance in Marriage Section 5 – UNDERSTANDING THE TEMPERAMENTS 16. Introduction to the Temperaments 17. What it means to have a Sanguine Husband or Wife 18. What it means to have a Choleric Husband or Wife 19. What it means to have a Melancholic Husband or Wife 20. What it means to have a Phlegmatic Husband or Wife Section 6 – THE PROBLEMS AND THE SOLUTIONS 21. Problem-Solving in Marriage 22 In-Laws 23. The Step Home 24. What Every Christian Should Know about Divorce Section 7 – THE MASTER KEY OF ACCEPTANCE ...
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...Knowledge Management Tools and Techniques Practitioners and Experts Evaluate KM Solutions This page intentionally left blank Knowledge Management Tools and Techniques Practitioners and Experts Evaluate KM Solutions Edited by Madanmohan Rao AMSTERDAM • BOSTON • HEIDELBERG • LONDON NEW YORK • OXFORD • PARIS • SAN DIEGO SAN FRANCISCO • SINGAPORE • SYDNEY • TOKYO Butterworth-Heinemann is an imprint of Elsevier Elsevier Butterworth–Heinemann 200 Wheeler Road, Burlington, MA 01803, USA Linacre House, Jordan Hill, Oxford OX2 8DP, UK Copyright © 2005, Elsevier Inc. All rights reserved. No part of this publication may be reproduced, stored in a retrieval system, or transmitted in any form or by any means, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of the publisher. Permissions may be sought directly from Elsevier’s Science & Technology Rights Department in Oxford, UK: phone: (+44) 1865 843830, fax: (+44) 1865 853333, e-mail: permissions@elsevier.com.uk. You may also complete your request on-line via the Elsevier homepage (http://elsevier.com), by selecting “Customer Support” and then “Obtaining Permissions.” Recognizing the importance of preserving what has been written, Elsevier prints its books on acid-free paper whenever possible. Library of Congress Cataloging-in-Publication Data Rao, Madanmohan. KM tools and techniques : practitioners and experts evaluate KM solutions / Madanmohan Rao. p. cm. Includes...
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...Project Management Project and Programme Management Resources for Students Gower have teamed up with a major provider of project management training, ESI International, to bring you a range of project and programme resources to support your learning. Visit www.projectmanagement9.com and: • • • • Download white papers on topics as diverse as the project communication, project leadership, risk management and project troubleshooting. View professional project webinars from some of the leading presenters on project management covering topics such as: risk management, troubled project recovery, portfolio management, business requirements, earned value management, performance-based service contracting. Learn about the qualifications and development available from the PMI, Project Management Institute, the world’s largest non-profit professional association in project management. Link to further resources, professional bodies, news sites and more. These resources are designed to help you develop your learning on project management and start you on the road to professional qualifications or further development, once you have finished your degree or your current qualification. Visit www.projectmanagement9.com Project Management Ninth Edition DENNIS LOCK © Dennis Lock 2007 All rights reserved. No part of this publication may be reproduced, stored in a retrieval system or transmitted in any form or by any means, electronic, mechanical, photocopying, recording or otherwise...
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...I I HAVE noticed that when someone asks for you on the telephone and, finding you out, leaves a message begging you to call him up the moment you come in, and it’s important, the matter is more often important to him than to you. When it comes to making you a present or doing you a favour most people are able to hold their impatience within reasonable bounds. So when I got back to my lodgings with just enough time to have a drink, a cigarette, and to read my paper before dressing for dinner, and was told by Miss Fellows, my landlady, that Mr. Alroy Kear wished me to ring him up at once, I felt that I could safely ignore his request. “Is that the writer?” she asked me. “It is.” She gave the telephone a friendly glance. “Shall I get him?” “No, thank you.” “What shall I say if he rings again?” “Ask him to leave a message.” “Very good, sir.” She pursed her lips. She took the empty siphon, swept the room with a look to see that it was tidy, and went out. Miss Fellows was a great novel reader. I was sure that she had read all Roy’s books. Her disapproval of my casualness suggested that she had read them with admiration. When I got home again, I found a note in her bold, legible writing on the sideboard. Mr. Kear rang up twice. Can you lunch with him to-morrow? If not what day will suit you? I raised my eyebrows. I had not seen Roy for three months and then only for a few minutes at a party; he had been very friendly, he always was, and when we separated he had expressed...
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...Expatriates in China Experiences, Opportunities and Challenges Ilaria Boncori ISBN: 9781137293473 DOI: 10.1057/9781137293473 Palgrave Macmillan Please respect intellectual property rights This material is copyright and its use is restricted by our standard site license terms and conditions (see palgraveconnect.com/pc/connect/info/terms_conditions.html). If you plan to copy, distribute or share in any format, including, for the avoidance of doubt, posting on websites, you need the express prior permission of Palgrave Macmillan. To request permission please contact rights@palgrave.com. Expatriates in China Experiences, Opportunities and Challenges Ilaria Boncori Expatriates in China 10.1057/9781137293473 - Expatriates in China, Ilaria Boncori Copyright material from www.palgraveconnect.com - licensed to University of Wollongong - PalgraveConnect - 2014-05-17 This page intentionally left blank 10.1057/9781137293473 - Expatriates in China, Ilaria Boncori Copyright material from www.palgraveconnect.com - licensed to University of Wollongong - PalgraveConnect - 2014-05-17 Expatriates in China Experiences, Opportunities and Challenges Ilaria Boncori University of Essex, UK Copyright material from www.palgraveconnect.com - licensed to University of Wollongong - PalgraveConnect - 2014-05-17 10.1057/9781137293473 - Expatriates in China, Ilaria Boncori © Ilaria Boncori 2013 Foreword © Heather Höpfl 2013 All rights reserved. No reproduction...
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...How can I as an educator and Professional Development Manager working with teachers, support and enhance the learning and achievement of pupils in a whole school improvement process? Submitted by Michael Anthony Bosher For The Degree of Doctor of Philosophy of the University of Bath 2001 May 2002 Vol 1.1 Copyright ‘Attention is drawn to the fact that copyright of this thesis rests with the author. This copy of the thesis has been supplied on condition that anyone who consults it is understood to recognise that its copyright rests with its author and that no quotation from the thesis and no information derived from it may be published without the prior written consent of the author’. This thesis may be made available for consultation within the University Library and may be photocopied or lent to other libraries for the purposes of consultation. …………………………… Contents Tables and Figures 2 Acknowledgements 3 Abstract 4 Preface 5 Introduction 13 Chapter 1 A Cultural Context 18 Chapter 2 An Autobiography 25 Chapter 3 Methodology 40 Chapter 4 The School's Action Research Cycles 89 Chapter 5 School Effectiveness and School Improvement 107 Chapter 6 Vignette 1 Alan Shelton a Teacher 'Par Excellence' 120 Chapter 7 Some More Vignettes 158 Chapter 8 A Personal Development Review 184 Chapter 9 The Circle is Completed 190 References ...
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