...Multicultural Collaboration | Main Section | Contributed by Tim BrownleeEdited by Jerry Schultz and Phil Rabinowitz | What is "multicultural collaboration"? Why is multicultural collaboration important? When should you commit to multicultural collaboration? What are some guidelines for multicultural collaboration? How do you build a multicultural collaboration? As our society becomes more culturally diverse, organizations are understanding the need to work with other organizations in order to "turn up the sound," so their voices are heard and their issues will be addressed. This means that individuals and institutions can no longer deny the sometimes uncomfortable realities of cultural diversity. Organizers and activists are realizing that we have to come to grips with our multicultural society, or we won't get anything done. But how do we do that? One Wisconsin labor activist says, "We want to include communities of color, but we just don't know where to begin. We hold open meetings, but no people of color even show up." A neighborhood organization member in South Los Angeles, says, "Last year, we decided to move toward organizing in the Latino community for the simple reason that we have a lot of new immigrants from Central America in the neighborhoods. We wanted to make an authentic multicultural organization, but we learned an important lesson -- it doesn't just happen." Many organizers have begun to come to grips with diversity issues, even though they may not...
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...QUESTION 1 Implied Terms in Section 14-17 of Sales of Goods Act 1957 List and explain five(5) implied terms as laid down in Section 14 to Section 17 of Sales of Goods Act 1957. Implied terms are terms normally not stated or not known by the parties, and may be derived from Custom or Usage, Court, or Statute. Custom terms are referenced to conventions or usages in a particular industry or trade. Next, Court terms are adopted when an oversight of the parties occur, in order to give ‘business efficacy’ to the contract based on prior or past dealings. Then, Statute terms are referred to the various states, territories and Commonwealth Trade Practices Act when the contract is formed. But in the Sale of Goods Act, it implied a number of stipulations in every contract for the sale of goods. However, these implied terms apply only when the parties to the contract of sale have not excluded or modified them. The first implied term is the implied condition as to title. It applies to all contracts for sale of goods so it will cover private sales in addition to where goods have been purchased from a shop or other business. The Section 14(a) SOGA 1957 provides that an implied condition on a term that the seller has the right to sell the goods. In the case of agreement to sell, a person will have a right to sell the goods at the time when the property is to pass. This term is a condition amount to a guarantee in all sales. For example, Alvin must have the goods title to the goods as a seller...
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...to treat (ITT). As you known, invitation to treat does not mean amount to an offer. Section 2(a) of the Contract Act 1950 defined as something which is capable of being converted into an agreement by its acceptance. There is a different between Invitations to treat with an offer. A proposal must be distinguished from an invitation to treat (ITT) so that the proposal can be the only way to attract any party to enter the contract. Examples of Invitation to treat which is Good displayed in shop windows and shelves, Advertisement, Auctions, Catalogues and Price lists. Based on the above situation, the law of Invitation to treat of display of goods is exist which it is not a proposal to sell and invitation not capable of being accepted, In shop , owner merely holds himself prepared to consider proposals made to him at the suggested price, so an offer to buy is made when the customer puts the goods in a trolley or takes the item off the shelf, but the contract only made when the person bring the item to the cashier’s desk and pay for the item. Section 2 (a) of the Contract Act 1950 provides that when one person signifies to another his willingness to do or to abstain, he is said to make a proposal. In the case of Pharmaceutical Society of Great Britain v Boots Chemist Ltd we can know that the display of goods with the price tag is just an invitation to treat. When the consumer put the display of goods into basket or trolley only made the proposal to buy. Thus, the contract only will...
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...become one of the develop countries in the world. Many new things have been developed and improved in terms of business administration, economy, facility, technology, culture, education system, and so on. All of these things have a significant relationship with the law. People or organization has the right to be protected and the law have been created to make people’s lives more comfortable and peacefully. Laws have been used to protect consumers for centuries. These laws have been designed in a variety of legal forms, including criminal law, tort, contract, intellectual property, etc. In addition to those laws that specify consumer protection and product liability as their primary concern, numerous other provisions have the effect of protecting the consumer, for example by streamlining the prosecution of fraud, protecting property or facilitating litigation. This study will examine the critically assess the view that businesses have a moral duty to put their consumers first. Legislation of consumer protection in Malaysia now is entering to the new era with the recent introduction of the Consumer Protection Act 1999. 2.0 Business moral duty and consumer protection 2.1 Business moral duty A duty is an obligation to act in a certain way. When the obligation is based on moral and ethical consideration, it is a business moral duty. Often we think about moral duties in term of rules that restrain us, the “don’ts,” as in don’t lie, don’t cheat, and don’t steal. In business...
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...objective of this rule (sales goods act, 1957) Not everyone who agrees to buy or sell goods is fortunate enough to find that the transaction turns out to be good. Those who are dissapointed by the transaction may seek the help of law. This law is known as Sales of goods Act. Sale of Goods is one of very old mercantile law. The objective of learning this topic is to cover up the main types of contracts commonly entered into by everybody. We as a consumer should know the important of learning basic principles relating in the Sale of Goods Act in Malaysia because only law can make us satisfied on sale or buy goods. The Sale of Goods legislation is aimed to offer protection to the consumer and the main purpose of a contract involving goods is the transfer of ownership. Sale of Goods Act 1957 were applied in Malaysia except in the states of Penang, Malacca, Sabah and Sarawak. Section 1 of the Sale of Goods Act 1957 provides that the Act shall have effect within the Malay States only. The position in Penang, Malacca, Sabah and Sarawak is governed by the English Sale of Goods Act 1983 . The Sale of Goods Act is complimentary to Contract Act. Basic provisions of Contract Act apply to contract of Sale of Goods also. Basic requirements of contract i.e. offer and acceptance, legally enforceable agreement, mutual consent, parties competent to contract, free consent, lawful object, consideration etc. apply to contract of Sale of Goods also. TermPaperWarehouse.com - Free Term Papers, Essays and...
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...KULLIYYAH OF ECONOMICS AND MANAGEMENT SCIENCES ‘Comparison of Principles of Sale Contract between Conventional and Shari’ah Laws’ LAW 3512 COMMERCIAL LAWS (SECTION 3) Any form of cheating or attempt to cheat is a serious Offence which may lead to dismissal Introduction We are blessed as a human being on the earth as the only creature created by God who has the ability to think upon choosing between alternatives. Humans are associates with many labels and beliefs that they uphold throughout their life. Major differences of choosing between alternatives would be based on their framework of thinking mostly derive from their religions or beliefs. Speaking from Malaysia context, Islamic belief would be a stronger influence for Malaysian citizens before embarking into any decision. Although, Malaysia is known as the Islamic state but Malaysia still uphold conventional laws as the supreme laws for the state over Islamic Laws which ruled by the Federal Court. Islamic Laws would only covers family laws, inheritance and few specific issues among muslims[1]. We would further discuss on the framework of sale contract from Islamic and conventional point of view. Take a look around and it is apparent in our daily lives that transactions need to occur for us to carry on sustaining our needs and wants. As humans we ought to want things and we need to have goods that are essential for our daily lives in order to carry on living our lives in...
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...Atiyah: Sale of Goods The Sale of Goods 11th ed Patrick S. Atiyah , John N. Adams , Hector MacQueen ISBN13: 9780582894082 Published: April 2005 Publisher: Pearson Higher Education £47.95 Buy Note: Cases linked in the text on the right are either to BAILII reports (where available) or the Wikipedia reference. Contract Text Contents 1. Introduction 2. The Contract of Sale 3. Terms of the contract 4. Exclusion Clauses 5. Title and Passing of Property 6. Retention of Title 7. Nemo Dat 8. Performance of the Contract 9. Remedies of the Seller 10. Remedies of the Buyer 11. Articles on Sale of Goods and Contract issues 12. Drafting Sale Contracts and specimen sale contract Sponsors Student Subscription Subscribe to the 2009 Weekly Law Reports & Receive All Parts for 2008 Free! That's just £90 (£96 overseas) for two years' worth of parts (standard UK subscription cost for 2009: £450). Contact: 0207 242 6471 Recent Case Law Cases on Sale of Goods and Contract 2009 - 2000 Statutes Sale of Goods Act 1979 Sale and Supply of Goods Act 1994 The Sale and Supply of Goods to Consumers Regulations 2002 Unfair Contract terms Act 1977 Factors Act 1889 Part III Hire Purchase Act 1964: ss.27 - 29. Companion Volume The Law of Contract Monday August 19th 2013 6. Terms of the Contract There are few formalities in...
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...Law of Contracts II Transfer of rights under the Sale of Goods Act Submitted by: Shivendu Pandey Id No.- 1928 Date of Submission: 13th April, 2011. Table of Contents Introduction 3 Transfer of rights under the Sale of Goods Acts 4 What is a Sale? 4 Essentials of a contract of sale 4 Definition of property 4 Transfer of property as between seller and buyer 5 Passing of Property or Transfer of Ownership 5 Property cannot pass until the goods are ascertainable 6 Distinction between transfer of property and delivery of goods 7 Property passes when intended to pass 8 Ascertained goods 10 Passing of property in specific goods 10 Ownership in unascertained goods 11 Transfer of Title by Person not the Owner 12 Doctrine of Nemo dot quod non habet 12 Exception to the General Rule 12 Conclusion 14 Introduction Mercantile laws are laws that govern trade and commerce. These laws essentially deal with the rights and obligations of the parties to a mercantile agreement. In India, there are various mercantile laws like the Contracts Act, the Partnership Act dealing with particular mercantile relations. The Sale of Goods Act is one such act which deals with the contract of sale. Originally, the law relating to sale of goods or movables was contained in chapter VII of the Indian Contract Act, 1872. The Indian Contracts Act embodied the simple and elementary rules relating to the sale of goods. It was felt to be inadequate to deal with the development...
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...Contents Patents Act, 1970 5 Objective of the Patents Act, 1970 5 Types of patents granted in India 5 Inventions which are not patentable under this Act 5 Case Law – Novartis AC vs Union of India 5 Process of Obtaining a Patent 6 Form of Patent Application 6 Provisional and Complete Specification 7 Amendment of application and specification 7 Publication and Examination of Applications 7 Grant of Patent 7 Opposition to Grant of Patents 8 Provisions for Secrecy of Certain Inventions 8 Surrender and Revocation of Patents 8 Revocation of patent in public interest 9 Revocation of patent relating to atomic energy 9 Register of Patents 9 Rectification of Register by Appellate board 9 Register to be open for Inspection 9 Assignment of patents 9 Registration of assignments, transmissions, etc 9 Power of Controller of Patents 9 Power of controller in respect of evidence 9 Working of patents 10 Compulsory Licenses 10 Revocation of patents by the controller for Non-Working 10 Termination of Compulsory License 10 Use of inventions for Purposes of Government 10 Acquisition of Patents by Government 10 Suits for infringement of patents 10 Penalties 10 Patent Agents 11 Qualifications for registration as patent agents 11 Rights of Patent agents 11 Case Law: Revocation of Jamun patent 11 Copyright Act, 1957 12 Objective of Copyright Act, 1957 12 Important Terms and Definitions used in the Copyright Act, 1957 12...
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...Creating legally binding agreements Who has the right to enforce contractual obligations? * Contractual obligations only exist between those who have agreed to undertake them. * It follows that only parties to the contract have the right to bring an action to enforce it. This is called ‘privity’ of contract. * Price v Easton (1833) 4 B & Ad 433 * Coulls v Bagot's Executor & Trustee Co Ltd (1967) 119 CLR 460 Price v Easton 1. Original debt owed by builder to Mr Price. But the builder cannot pay 2. Mr Easton makes a promise to the builder that he will pay the builder’s debt to Price if the builder does some work for Easton 3. Builder does the work for Easton, but Easton does not pay Price. Price sues Easton to enforce promise Easton made to the builder Coulls v Bagot's Executor 1. A contract was made for stone to be quarried by O’Neill in exchange for a payment of royalties 2. Under the contract, the royalties are to be paid direct to Mrs Coulls 3. After Mr Coulls dies, his executor (Bagot) wants to know if Mrs Coulls has a contractual right to the royalties The element of intention to be bound * An agreement is only legally enforceable if the parties intended to be legally bound. * Note: The ‘intention to be legally bound’ is important because it serves to distinguish between contracts and agreements that are not enforceable in the courts. * Intention is to be judged objectively. The court asks whether...
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...requirements are referred to as the elements of a valid contract and consist of the following: Offer A contract is formed when an offer by one party is accepted by the other party. For example, Y offers to make and sell homemade cakes to X for sell in the local shop, and just before any agreement is reached on price, size or quantities X decides not to continue. At this stage, there is no legally binding contract between Y and X because there is no definite offer for X to accept until the essential terms of the bargain have been decided. An offer is not made for just a specific person. It may be made to a one or more, or to the whole country. Acceptance Acceptance occurs when the party answering the offer agrees to the offer, It can be verbal or in writing. Acceptance must be unequivocal and communicated to the offeror it’s not effective until this has been done. There are two requirements to satisfy for valid acceptance to occur: * The offeree must agree to accept the terms of the offer * This information must be communicated to the offeror. Consideration According to pollock "Consideration is the price for which the promise of some other is brought and the promise thus given for value is enforceable." contract made without consideration is null and void it is called a naked promise or "Nudum Pactum." There are very few situations when a consideration is not required and one of these is a specialty contract. Intention Intention to create legal...
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...the risk involved is very high. Limited resources and unlimited liability of partners are two important limitations of partnerships of partnerships in undertaking big business. Joint Stock Company form of business organization has become extremely popular as it provides a solution to overcome the limitations of partnership business. The Multinational companies like Coca-Cola and, General Motors have their investors and customers spread throughout the world. The giant Indian Companies may include the names like Reliance, Talco Bajaj Auto, Infosys Technologies, Hindustan Lever Ltd., Ranbaxy Laboratories Ltd., and Larsen and Tubro etc. 1.2 MEANING OF COMPANY Section 3 (1) (i) of the Companies Act, 1956 defines a company as “a company formed and registered under this Act or an existing company”. Section 3(1) (ii) Of the act states that “an existing company means a company formed and registered under any of the previous companies laws”. This definition does not reveal the distinctive characteristics of a company . According to Chief Justice Marshall of USA, “A company is a person, artificial, invisible, intangible, and existing only in the contemplation of the law. Being a mere creature of law, it possesses only those properties which the character of its creation of its creation confers upon it either expressly or as incidental to its very existence”. Another comprehensive and clear definition of a company is given by Lord Justice Lindley, “A company is meant an association of many...
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...2012/2013 CONTRACT LAW Content: Formation of contract. Vitiating factors. Terms. Privity of contract. Discharge of contractual obligations. Remedies. Limitation of actions. BEA1003/BEA1003A 2 Contract FORMATION OF CONTRACT A contract was defined in the 19th century by Sir Frederick Pollock as “A promise or set of promises which the law will enforce”. The requirements of a valid contract are: 1.Agreement. 2.Consideration. 3.Capacity . 4.Intention to create legal relations. 5.Form. 6.Legality. Sir Frederick Pollock BEA1003/BEA1003A 3 Contract FORMATION OF CONTRACT 1. AGREEMENT There is agreement when one party (“the offeror”) makes an offer which the other party (“the offeree”) accepts. An offer: Is a clear statement of terms on which the offeror intends to be bound. Can be made to a specified person, a group of people or to the general public. Must be communicated before it is effective. Must be distinguished from an invitation to treat. An invitation to treat is where one party holds him/herself out as being ready to receive offers which s/he may then accept or reject. BEA1003/BEA1003A 4 Contract FORMATION OF CONTRACT The following are examples of invitations to treat: Bidding at an auction . The display of goods in a shop window Fisher v Bell (1961) and on a supermarket shelf Pharmaceutical Society of Great Britain Ltd v Boots (1953). Advertisements (including goods/services advertised in emails and on www pages): In bi lateral contracts...
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...risk involved is very high. Limited resources and unlimited liability of partners are two important limitations of partnerships of partnerships in undertaking big business. Joint Stock Company form of business organization has become extremely popular as it provides a solution to (1) overcome the limitations of partnership business. The Multinational companies like Coca-Cola and, General Motors have their investors and customers spread throughout the world. The giant Indian Companies may include the names like Reliance, Talco Bajaj Auto, Infosys Technologies, Hindustan Lever Ltd., Ranbaxy Laboratories Ltd., and Larsen and Tubro etc. 1.2 MEANING OF COMPANY Section 3 (1) (i) of the Companies Act, 1956 defines a company as “a company formed and registered under this Act or an existing company”. Section 3(1) (ii) Of the act states that “an existing company means a company formed and registered under any of the previous companies laws”. This definition does not reveal the distinctive characteristics of a company . According to Chief Justice Marshall of USA, “A company is a person, artificial, invisible, intangible, and existing only in the contemplation of the law. Being a mere creature of law, it...
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...TABLE OF CASES A. Kraishnan Iyer v. Lakshmi Amma AIR 1950 Tr & Coch 73 Amrithammal v. Ponnusani (1907) 17 Mad LJ 368 Amtul Nissa v. Mir Nuruddin (1898) 22 Bom 489 Ansar Ali v. Grey (1905) 2 Cal LJ 403 Ashkar Singh & anor v. Rawal Singh & anor AIR 1992 P & H 148, 150 Atmaram Sakharam v. Vaman Janardhan (1925) 49 Bom 388 Aziz-un-nissa v. Suraj Husain (1934) All LJ 814 Baijnath Singh v. Mussammat Biraj (1923) 2 Pat 52 Balmakund v. Bhagwan Das (1894) 16 All 185 Bhagatrai v. Ghanshyamdas AIR 1948 Nag 326 Brindabini Behari v. Oudh Behari AIR 1947 All 179 Cf Re Glubb, Bamfield v. Rogers (1900) 1 Ch 354 Chennupati Venkatasubbamma v. Nelluri Narayanaswami AIR 1954 Mad 215 Cochrane v. Moore (1890) 25 QBD 57 Collector of Salem v. Rangappa (1889) 12 Mad 404 Deo Narain v. Board of Revenue (1964) 1 All 375 Deo Narain v. Kukar Bind (1902) 24 All 319 (FB) Deo Saran v. Deokhi Bharti AIR 1924 Pat 657 Dikshit v. Radha Krishna AIR 1948 Oudh 226 Ellis v. Ellis (1909) 26 TLR 166 Ganeshdas Bhiwraj v. Suryabhan (1917) 13 Nag LR 18 Gangadhar Iyer v. KB Iyer AIR 1952 Tr & Coch 47 Gangadhar Iyer v. KB Iyer AIR 1952 Tr & Coch 47 Gara Surppadu & ors. V. Pandranki Rami Naidu & ors. AIR 1984 AP 386, 390 Ghumna v. Ramchandra (1925) 47 All 619 Girjaprasad v. Purshottam (1926) 28 Bom LR 421 Hall v. Hall (1873) 8 Ch App 430 Jagdeo Sharma v. Nandan Mahto AIR 1982 Pat 32 James v. Couchman (1885) 29 Ch D 212 Kalyanasndram v. Karuppa (1927) 50 Mad 193 Kalyanasundram Pillai v. Karuppa...
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