...ASSIGNMENT: Business Law NAME: UNIVERSITY: COURSE TITLE: DATE: INSTRUCTOR: QUESTION ONE Tort is a body of obligations, rights, and remedies applied courts in the civil proceedings for providing relief for suffered persons from wrongful deeds of others. The plaintiff is an individual who sustains an injury or to some extent suffers pecuniary damage due to tortious conduct. The tortfeasor or the defendant is the person who inflicts the injury and also incurs liability for damage. According to the case of Lance and Cadella vs. Parramatta Council, there is a breach of the law of tort. There is in respect of rights regarding Lance by the Parramatta Council. Lance is riding towards a park through the Macquarie Avenue where he gets into an accident. The cause of the crash is a chain strung by the council. However, the plaintiff does not know the existence of the line since the last few days he rode over the same route, and it was smooth and encouraging for riding. There should be an establishment of three elements in every action of tort. One of them is that the plaintiff (Lance and Cadella) ought to establish that the defendant (Parramatta Council) was doing the legal duty of acting in a particular fashion. Another element is that Lance and Candella to demonstrate that the council breached the duty by not conforming the behavior accordingly. The third part is that Lance and Candella ought to prove that the injury suffered is a direct result of...
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...To know whether the combination of “whole of agreement clause” and “parole evidence rule” exclude the word-of-mouth bargain or not we have to know about these two particulars first. Whole of agreement clauses: Whole of agreement clauses often appear in contracts that are the subject of disputes. The clause’s exact terms & other proof may be critical to the court’s determination of its effect. Whole of agreement clauses state that the document as executed by the parties constitutes their “intact agreement”. It is general for business contracts consist of Entire Agreement Clauses (EAC) as part of the usual boilerplate clauses. Depending on the positions being adopted in a difference of opinion, parties may seek to enforce them or avoid them. An EAC may, depending on its wording, seek to: 1. confirmation the agreement of the parties that all the express terms are said in a document, thereby excluding other alleged express terms; i) prohibit a term that might otherwise be implied; ii) restrain (perhaps cease) a party from claiming that it was induced to enter the contract by some inaccurate representation of the other party; iii) specify that the parties need to deter courts from resort to "factual context" or "surrounding circumstances" when interpreting the contract; and/or 2. Nullify the effect of any earlier agreements or collateral contracts between the parties. An EAC may seek to indicate the parties' purpose that...
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...Extensive List of Concepts: starting Week 7 of the quarter -Civil Law and Litigation What types of evidence is there? What are the rules of evidence? What are the requirements for evidence to be admissible in court? Explain how evidence can be excluded (exclusionary rules) What are the types of privileged evidence? -Torts What is a tort? Name the different types of torts What happened in the McDonalds story discussed in class? Explain Intentional Torts: Battery, Assault, Mental Distress Explain what elements are required for a tort to be negligent What is professional negligence? What are defenses to negligence? Compare and contrast Contributory Negligence and Comparative Negligence What is strict liability? What is products liability? -Contracts What is a contract? What are the types of contracts? Details about executory, enforceable, void, express, implied, and voidable What are requirements of contracts? What happens when a contract is breached? -Real Property What things are considered real property? What is an interest in real estate? Details about fee simple absolute, leasehold, life estate, joint tenants, subsurface interests, above surface interests, easement, and restrictive covenants What is a deed? Details about Statutory Warranty and Quit Claim What is title insurance? What are the types of title insurance? Know the process for buying a house, with a lender, with a contract What is adverse possession? Right to survivorship? Statute of...
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...LEGAL AND REGULATORY ENVIRONMENT OF BUSINESS………….50 things! 16.1 LAW AND THE LEGAL SYSTEM 1. How does law differ from the legal system? * The legal system evolves to respond to changes in social norms and commercial activities. . Legal system is remarkably fair. The legal system establishes the rules of the game, adopting and enforcing them in a reasonably predictable manner. One U.S. law that creates unique challenges for American firms operating overseas is the Foreign Corrupt. Practices Act, which prohibits the distribution of bribes and other favors in the conduct of business. 2. Should laws be flexible? * Rules and Regulations provide a framework to any system. I believe that Laws should never be bounded by situations they should be equal for everyone under any circumstances. Flexibility would only make the system vulnerable. 3. Are our laws fair? * There are, of course, abuses and mistakes by judges and juries, and procedural mishaps occasionally tip the scales of justice in the wrong direction. Sometimes—as in George McGovern’s case—innocent parties are forced to bear the cost of defending themselves in court. On the whole, however, the U.S. legal system is remarkably fair. 4. Do people consider laws fair? * I think most of the people consider that a United States law is not fair. 5. In the United States legal decisions are based on the rule of law. What is the rule of law? * Predictability and Fairness. How do we know what’s legally...
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...Bank of America Name Professor’s Name Institution Date How administrative agencies like the Securities and Exchange Commission (SEC) or the Commodities Futures Trading Commission (CFTC) take action in order to be effective in preventing high-risk gambles in securities / banking, a foundation of the economy. Securities and Exchange Commission ha s the role of looking after United States investors against possible loss of profits. This is by keeping a reasonable and organized practice that promotes resources markets. The commission necessitates businesses to reveal important information regarding securities that they put up for sale in order for investors to make well-versed decisions. Securities and Exchange Commission forbids purchases of stock without enough finances to pay for them. The commission controls registration and supervision of the securities markets and agents. The commission makes up rules and regulations for solicitation of alternatives. It also provides advice to courts in economic failure matters (Chatain, 2009). Proper management is the only way that can assist in avoiding threats and gambling matters. All organizations need to posses tools that will help in assessment of threats posed because of activities that take place in that organization. In order for an organization to become successful, activities about information on security issues need to be clear. Securities and Exchange Commission has the role of enforcing major economic...
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...| |Unit Title: |Tutor’s Name: | |Aspects of Contract and |D.K Hashani shashiprabha | |Negligence for Business | | |Assignment Title & Number: |Learning Outcomes Covered: |Assessment Criteria Covered: | | |Outcome1: | | | |Understand the essential |See the following “Notes to | | |elements of a valid contract |Students” the assessment | | |in a business context |criteria covered in this | | |Outcome2: |assignment. | | |Be able to apply the elements of a contract in business | | | |situations...
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...the difference between your law school experience and the California Bar Exam (CBX). A. B. The CBX is a comprehensive exam The CBX uses different testing techniques 1. Cross-over essay questions 2. Multistate Bar Exam (MBE) 3. Performance Test (PT) The CBX is a pass/fail exam: all you need is scaled 1440 out of 2000 points Relative weights in calculating final scaled score: 65% Written: 6 essays (100 points each=600 possible raw points) 39% 2 PTs (200 points each=400 possible raw points) 26% 35% MBE: 200 MBE questions=190 possible raw points (10 not graded) C. I. Develop a strategy to pass the California Bar Exam A. The substantive law - why all subjects on the CBX aren’t created equal Torts Contracts Real Prop R e m e d I e s Evidence Civil Pro Prof Resp Wills Trusts Comm Prop Con Law Crim L. & Pro Biz Associations 1. 2. 3. Essay & MBE subjects: Torts, Contracts, Real Property, Constitutional Law, Criminal Law & Procedure, Evidence Remedies Essay only subjects: Civil Procedure, Wills & Trusts, Community Property, Business Associations, Professional Responsibility B. Understanding each part of the CBX 1. 2. 3. ESSAY MBE PERFORMANCE TEST C. III. Managing the time crunch Practice, Practice, Practice CONVERTING RAW SCORES INTO SCALED SCORES Sample of a Passing Scorecard for July 2007 CBX MBE WRITTEN ESSAYS 1. 55 2. 60 3. 70 4. 65 5. 65 6. 60 Con Law Contracts Crim/Crim Pro Evidence Real Prop Torts 24 21 20 20 18 25 (Real...
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...Tort Law p2 * The difference between contract law and trot law is that: （这个可以不用写下来） At the core of contracts, we have agreed with specific others to do or not to do things. With Tort law, it’s much broader than that. In the agreements that we make, are not necessarily so specific and identifiable. They are much more general. * Contract law is the law that enforces agreements that I reach with individual people. There are parties to a contract. 例：I agree not to build on my property. I agree to sell you my automobile. I agree to tutor your child. Whatever your agreement might be, I agree to cater your daughter’s wedding. ---That’s contract law. It’s specific between identified parties. * A contract is an agreement between two or more individual identified parties. * Tort law is where in essence I enter into an obligation, a contract if you will with society. 例： I will act with reasonable care. I will not pollute the water of your town. I will not spread false information about you as harmful and wrong and damage your reputation. I will drive my car in a reasonable manner. If I am preparing a meal, I will take all the reasonable steps necessary to make sure that the meal is prepared in accordance with all health and safe regulations. If I operate a store, I will use all reasonable means that I have available at my disposal to make sure that the aisle ways are safe. * A tort is a “Civil Wrong”. --- That’s how we define a tort. * As...
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...Running head: Law, Tort Law, Criminal Law, Contracts, and Civil Procedure | | | Law, Tort Law, Criminal Law, Contracts, and Civil Procedure In defining the term law, tort law, criminal law, contract and the sources from which law derives, I will use a case that took place in 1929 “Donoghue v Stevenson” to demonstrate the these laws which will show a successful negligence suit, as well as defenses a defendant presenting evidence to refute a plaintiffs evidence. J.G. Holland said it best! In the words of J. G. Holland “Laws are the very bulwarks of liberty; they define every man’s rights, and defend the individual liberties of all men”. Laws are derived from the United States Constitution; Constitutional law is the body of law which defines the relationship of different entities within a state, namely, the executive, the legislature and the judiciary. Established Constitutional and administrative law govern the affairs of the state. Constitutional law concerns both the relationships between the executive, legislature and judiciary and the human rights or civil liberties of individuals against the state. Most jurisdictions, like the United States and France, have a single codified constitution with a bill of rights. A few, like the United Kingdom, have no such document. A "constitution" is simply those laws which constitute the body politic, from statute, case law and convention. Law is defined as a system of rules...
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...6 1. APA for agencies: requires agencies to follow certain uniform procedures in making rules. arbitrary and capricious – this is the standard for challenging and agency action, an abuse of discretion or in violation of some other law. It requires the agency to show evidence to support the proposed rule, without the evidence the rule can be called arbitrary and capricious. – this can be set aside ultra vires- beyond it’s power, one that goes beyond the authority given to the agency in its enabling act substantial evidence test – the rule requires that more convincing evidence exists in support of the regulation than against it unconstitutional- pg 199 public comments period. Pg 190 -One of the purposes for publishing proposed rules is to allow the public an opportunity to review and provide input on the proposed rules. The period during which the agency accepts comments on the rule standing equal protection violation of 24th Amendment unlawful poll tax violation of the 14th Amendment discrimination First Amendment. 2. Unauthorized appropriation is a privacy tort – using someone's name, likeness, or voice for commercial advantage without his or her permission. The Midler case specifically used the California law of appropriation to decide the case. In order to sue for palming off, the owners would need to show that the product would create consumer confusion. On page 520, the author of the textbook uses the example of DeBiers instead of DeBeers...
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...Chapter One: The Legal Environment 1. Business activities and the legal environment 2. Sources of American law 1) Primary sources of law * Constitutional law (The U.S. Constitution, state constitutions) * Statutory law ( federal statutes, state statutes, ordinances; uniform laws) * Administrative law (administrative agencies: federal, state, local) * Case law 2) Secondary sources of law * Books , articles 3. The common law tradition 1) Stare decisis * Two aspects * Controlling precedents (binding authorities) * Departures * Persuasive authorities 2) Equity * Remedy, courts of law(king’s courts), remedies at law(legal remedies) * Equity, chancellor, courts of equity(chancery courts), remedies in equity(equitable remedies) * Plaintiffs, defendant * Action at law, action in equity * Merging * Equitable principles and maxims 3) Schools of legal though Jurisprudence * The natural law school * Legal positivism * The historical school * Legal realism, sociological school 4. Classifications of law 1) Substantive law & Procedural law 2) Civil law & Criminal law 3) National law & International law Chapter Two: Constitutional Law 1. The constitutional powers of government 1) Federal form of government: national government and the states share sovereign power. 2) Separation of powers: a system of checks and balances * Legislative...
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...Describe the natural law and positivist law schools. (100 word guideline). | Selected Answer: | Legal positivism and the natural law theory are rival views about what law is and its relation to justice and morality. Natural law is the set of truths of morality and justice and rejects ethical subjectivism and affirms ethical objectivism. Positive laws are commanded by political superiors. The consentrate of legal positivism is the "separation thesis" which can be defined as someone having the legal right to do something but not having the moral right to do it. They are general commands by people who themselves are not bound by them and who can also force obedience from everyone else. | Correct Answer: | [None] | Response Feedback: | [None Given] | | * Question 2 10 out of 10 points | | | Identify and explain the various sources of American law. (150 word guideline). | | | | | Selected Answer: | American law has a ranking system specifically associated with it. For Americans to know which body of law must prevail if there is a direct or even indirect conflict, this system is necessary. There are several primary sources of American law. The U.S. Constitution and decisions by the U.S. Supreme Court interpreting the U.S. Constitution, federal statues and treaties and as well as federal administrative law. The federal case law is to interpret anything outside of the U.S. Constitution. The federal law is also superior to all sources of state law. This is required...
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...F04 – 118 | UNIT TITLE | Aspects of Contract and Negligence for Business | ASSIGNMENT TITLE | Negligence | ASSIGNMENT NO | 2 of 2 (individual report) | NAME OF ASSESSOR | Mr. John Andre | SUBMISSION DEADLINE | 7 Jan 2012 | ------------------------------------------------- ------------------------------------------------- I, ______BUI TRANG NGAN_____ hereby confirm that this assignment is my own work and not copied or plagiarized from any source. I have referenced the sources from which information is obtained by me for this assignment. ------------------------------------------------- ------------------------------------------------- ------------------------------------------------- ------------------------------------------------- ------------------------------------------------- ________________________________ _________________________ ------------------------------------------------- ------------------------------------------------- Signature Date ------------------------------------------------- ----------------------------------------------------------------------------------------------------------------FOR OFFICIAL USE (Course Administrator) Assignment Received By: Date: Unit Outcomes Outcome | Evidence for the criteria | Feedback | Assessor’s...
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...Table of Content Title Page Background Introduction Rational Objectives Methodology Literature Review Limitations Analysis Recommendation Conclusion Reference Appendix Profile Unique Consulting Company Consulting Services (1994) Website-www.uniqueCC.org.com Address: 119 Street West Kill Road Kingston 10 Unique Consulting Company is a Jamaican management consulting firm that focuses on solving issues of concern to senior management. Unique serves as an adviser to business, governments and institutions around the island. This company is one of the most prestigious management consulting firms in the island and it is one of the market leading organizations in consulting services. This firm manages a wide array of investments for the firm’s Partners; an objective of the Investing Counseling Function is to help our investing partners create long term wealth by constructing appropriate investment portfolios and avoiding expensive and or inefficient products. At the same time, the products and advices offered must save Partners times relative to those which are available externally. This firm role is to provide investment education, counseling and select products to clients. UCC serves many successful clients like: Tracks & Records, NCB, MegaMart, Sandals, Digicel, Heart Trust Academy, Burger King, Intown supermarket Unique Consulting Company (UCC) was founded in Kingston Jamaica 1994 by Donald Spence and Amy Kindle, The...
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...Week 1- Law 122 : Why study law 1. Business decisions have legal consequences which affect profits and losses: * Some decisions impose liability, others create opportunities * Negative: dumping pollutants into environment * Positive: binding contractual party to promise 2. Risk mgmt. tool: Law sets the framework for risk, it gives you tools to manage the risk * Ex. Insurance, exclusion and limitation clauses, incorporation Dimensions of course 1. 2. Risk mgmt. 3. Legal reasoning: rules and analysis 4. Law/ moral dimensions What is law? * A set of principle and rules that courts will enforce * A way of thinking (or reasoning) about these principles and rules better description. Process determines legal reasoning * It is not just the result of a case that matters. The reasons for the result are where law happens. Law is bound up in the reasoning. So it is important to ask “why” and “how” not just “who won”. Law vs. Mortality Law: formally sanctioned, illegal behaviour Morality: informally sanctioned, moral behaviour 1. 2. Immoral but not illegal * Lying to friends 3. Immoral and illegal * murder 4. Moral but illegal Ethical perspective 1.1 pg.6 Can I watch someone drop without incurring legal liability? If I can legally do it,should i? Ethically is it okay? Ethical reasoning: * Focus on why something is ethically right or wrong...
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