...Exclusion And Limiting Clauses INTRODUCTION A clause may be inserted into a contract which aims to exclude or limit one party's liability for breach of contract or negligence. However, the party may only rely on such a clause if (a) it has been incorporated into the contract, and if, (b) as a matter of interpretation, it extends to the loss in question. Its validity will then be tested under (c) the Unfair Contract Terms Act 1977 and (d) the Unfair Terms in Consumer Contracts Regulations 1999. A. INCORPORATION The person wishing to rely on the exclusion clause must show that it formed part of the contract. An exclusion clause can be incorporated in the contract by signature, by notice, or by a course of dealing. 1. SIGNED DOCUMENTS If the plaintiff signs a document having contractual effect containing an exclusion clause, it will automatically form part of the contract, and he is bound by its terms. This is so even if he has not read the document and regardless of whether he understands it or not. See: Struggling with your Law studies? We can help! Have a look at our huge range of products and services that may be useful when planning your next law assignment or essay. Law Essay Writing Service Essay Marking Service Our Guarantees Our quality promise Freelance Writing Jobs Place an Order L'Estrange v Graucob [1934] 2 KB 394. However, even a signed document can be rendered wholly or partly ineffective if the other party has made a misrepresentation as...
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...INTRODUCTION TO THE LAW OF CONTRACT DEFINITION A contract may be defined as a legally binding agreement or, in the words of Sir Frederick Pollock: “A promise or set of promises which the law will enforce”. The agreement will create rights and obligations that may be enforced in the courts. The normal method of enforcement is an action for damages for breach of contract, though in some cases the court may order performance by the party in default. CLASSIFICATION Contracts may be divided into two broad classes: 1. Contracts by deed A deed is a formal legal document signed, witnessed and delivered to effect a conveyance or transfer of property or to create a legal obligation or contract. 2. Simple contracts Contracts which are not deeds are known as simple contracts. They are informal contracts and may be made in any way – in writing, orally or they may be implied from conduct. Another way of classifying contracts is according to whether they are “bilateral” or “unilateral”. 1. Bilateral contracts A bilateral contract is one where a promise by one party is exchanged for a promise by the other. The exchange of promises is enough to render them both enforceable. Thus in a contract for the sale of goods, the buyer promises to pay the price and the seller promises to deliver the goods. 2. Unilateral contracts A unilateral contract is one where one party promises to do something in return for an act of the other party, as opposed to a promise, eg, where X promises...
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...INTRODUCTION TO THE LAW OF CONTRACT DEFINITION A contract may be defined as a legally binding agreement or, in the words of Sir Frederick Pollock: “A promise or set of promises which the law will enforce”. The agreement will create rights and obligations that may be enforced in the courts. The normal method of enforcement is an action for damages for breach of contract, though in some cases the court may order performance by the party in default. CLASSIFICATION Contracts may be divided into two broad classes: 1. Contracts by deed A deed is a formal legal document signed, witnessed and delivered to effect a conveyance or transfer of property or to create a legal obligation or contract. 2. Simple contracts Contracts which are not deeds are known as simple contracts. They are informal contracts and may be made in any way – in writing, orally or they may be implied from conduct. Another way of classifying contracts is according to whether they are “bilateral” or “unilateral”. 1. Bilateral contracts A bilateral contract is one where a promise by one party is exchanged for a promise by the other. The exchange of promises is enough to render them both enforceable. Thus in a contract for the sale of goods, the buyer promises to pay the price and the seller promises to deliver the goods. 2. Unilateral contracts A unilateral contract is one where one party promises to do something in return for an act of the other party, as opposed to a promise, eg, where...
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...between countries and applies “norms regarded as binding on all members of the international community” Private International Law. – Is described as conflict of laws or “domain of rights, duties, and disputes between and among persons from different places. Part I Definition 国际贸易法:调整跨越国界的货物贸易、技术贸易和服务贸易关系以及这些贸易关系有关的其他关系的法律规范和规则的总和。 (a) The body of norms and rules – Private law: governs transnational Relationships of Private Persons ( International transaction Law) e.g. the law of international sales, trade finance, licensing agreement etc. – Public law: laws that make up the legal framework within which international business takes place. e.g. the treaties of EU, GATT agreement, NAFTA (b) the scope of ITL(调整范围) Trade in goods, Trade in service,Trade in technology,other international business field Part III History of International Trade Law • Customs and usages Law • Decentralization Unification Part IV: Comparison of ITL and In. Business Law (a ) the same origin the commercial usages (b) The different content Part V. Sources of In. Trade Law (a ) International Treaties and Conventions (b) International Trade Usages (c) Domestic Law (d) International Model Law(国际示范法) The Law of Treaties Treaties are binding...
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...SCHEME OF EXAMINATION & DETAILED SYLLABUS for BA LLB Five Year Integrated Course (w.e.f. 2008 – 2009) UNIVERSITY SCHOOL OF LAW AND LEGAL STUDIES Guru Gobind Singh Indraprastha University Kashmere Gate, Delhi – 110403 (With effect from the Academic Session 2008-2009) 1 FIVE-YEAR LAW COURSE BA LLB (H) PROGRAMME w.e.f. Academic Session 2008 – 2009 FIRST YEAR First Semester Paper Code LLB 101 BA LLB 103 BA LLB 105 LLB 107 LLB 111 BA LLB 113 BA LLB 115 SUBJECTS Legal Method History-I (Indian History) Political Science-I Law of Contract – I English and Legal Language Sociology-I (Introduction to Sociology) Economics-I (Microeconomic Analysis) Total Second Semester L 4 4 4 4 4 4 4 28 Credit 4 4 4 4 4 4 4 28 Paper Code LLB 102 BA LLB 104 LLB 110 LLB 112 SUBJECTS L 4 4 4 4 4 4 4 28 Credit 4 4 4 4 4 4 4 28 History – II (Legal History) Political Science – II Law of Contract – II Techniques of Communication, Client Interviewing and Counselling BA LLB 114 Environmental Studies BA LLB 116 Sociology-II (Indian Society) BA LLB 118 Economics – II (Macroeconomic Analysis) Total (With effect from the Academic Session 2008-2009) 2 SECOND YEAR Third Semester SUBJECTS L 4 4 4 4 4 4 4 28 Credit 4 4 4 4 4 4 4 28 Paper Code LLB 201 LLB 203 LLB 205 LLB 207 LLB 209 BA LLB 213 Business Law Family Law – I Constitutional Law – I Law of Crimes – I Advocacy Skills History – III (History of Modern Europe: 1740-1947) BA LLB 215 Political Science – III Total ...
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...INDEX S.NO. TOPIC INDIAN CONTRACT ACT Nature and Kind of Contracts Offer and Acceptance of an Offer Capacity of Parties and Consideration Void Agreement and Contingent Contract Performance of Contract Discharge of a Contract Remedies for Breach of Contract and Quasi-contract Agency PAGE 2-10 11-22 23-34 35-49 50-62 63-72 73-81 82-99 SALES OF GOODS ACT Sales of Goods Act CONSUMER PROTECTION ACT Consumer Protection Act NEGOTIABLE INSTRUMENT ACT Negotiable Instrument Act THE PARTNERSHIP LAW The Partnership Law THE COMPANIES ACT 1956 & COMPANIES LAW 2013 Companies Act 1956: Types of Company and Its Characters 101-127 129-140 142-167 169-191 193-211 Companies Act 1956: Memorandum, Article of Association and 212-239 Prospectus Companies Act 1956: Share Capital Companies Act 1956: Meeting Companies Act 1956: Management of the Company Companies Act 2013 240-275 276-302 303-340 341-364 THE CYBER LAW 2000 & AMENDMENTS IN 2008 CASES 0 MODULE-1 INDIAN CONTRACT ACT 1872 Chapters 1. Nature and Kind of Contracts 2. Offer and Acceptance of an Offer 3. Capacity of Parties and Consideration 4. Void Agreement and Contingent Contract 5. Performance of Contract 6. Discharge of a Contract 7. Remedies for Breach of Contract and Quasi-contract 8. Agency 1 The Indian Contract Act 1872: Nature and Kind of Contracts Learning Objectives In this chapter, students will come to know What is an agreement and a contract? What are the essential elements...
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...MEANING, CHARACTERISTICS AND TYPES OF A COMPANY INTRODUCTION Industrial has revolution led to the emergence of large scale business organizations. These organization require big investments and 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...
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...LESSON : 1 MEANING, CHARACTERISTICS AND TYPES OF A COMPANY STRUCTURE 1.0 1.1 1.2 1.3 1.4 1.5 1.6 1.7 1.8 1.9 1.0 Objective Introduction Meaning of Company Characteristics of a Company Distinction between Company and Partnership Types of Company Summary Keywords Self Assessment Questions Suggested Readings OBJECTIVE After reading this lesson, you should be able to: (a) (b) (c) 1.1 Define a company and explain its features. Make a distribution between company and partnership firm. Explain the various types of companies. INTRODUCTION Industrial has revolution led to the emergence of large scale business organizations. These organization require big investments and 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 (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)...
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...H8032-Prelims.QXD 7/1/06 11:08 AM Page i CIMA’S Official Learning System CIMA Certificate in Business Accounting, 2006 Syllabus Certificate Level Fundamentals of Ethics, Corporate Governance and Business law David Sagar Larry Mead Philippa Foster Back H8032-Prelims.QXD 7/1/06 11:08 AM Page ii CIMA Publishing is an imprint of Elsevier Linacre House, Jordan Hill, Oxford OX2 8DP, UK 30 Corporate Drive, Suite 400, Burlington, MA 01803, USA First edition 2006 Copyright © 2006 Elsevier Ltd. 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 (ϩ44) (0) 1865 843830; fax (ϩ44) (0) 1865 853333; e-mail: permissions@elsevier.com. Alternatively you can submit your request online by visiting the Elsevier web site at http://elsevier.com/locate/permissions, and selecting Obtaining Permission to use Elsevier material Notice No responsibility is assumed by the publisher for any injury and/or damage to persons or property as a matter of products liability, negligence or otherwise, or from any use or operation of any methods, products, instructions or ideas contained in the material herein. British Library Cataloguing in Publication...
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...CHAPTER 1 LAW OF CONTRACTS 2 Business Law Including Company Law 1.1 NATURE OF CONTRACT [Sections 1–2] INTRODUCTION We enter into contracts day after day. Taking a seat in a bus amounts to entering into a contract. When you put a coin in the slot of a weighing machine, you have entered into a contract. You go to a restaurant and take snacks, you have entered into a contract. In such cases, we do not even realise that we are making a contract. In the case of people engaged in trade, commerce and industry, they carry on business by entering into contracts. The law relating to contracts is to be found in the Indian Contract Act, 1872. The law of contracts differs from other branches of law in a very important respect. It does not lay down so many precise rights and duties which the law will protect and enforce; it contains rather a number of limiting principles, subject to which the parties may create rights and duties for themselves, and the law will uphold those rights and duties. Thus, we can say that the parties to a contract, in a sense make the law for themselves. So long as they do not transgress some legal prohibition, they can frame any rules they like in regard to the subject matter of their contract and the law will give effect to their contract. WHAT IS A CONTRACT? Section 2(h) of the Indian Contract Act, 1872 defines a contract as an agreement enforceable by law. Section 2(e) defines agreement as “every promise and every set of promises forming...
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...Download GRE Big Book Word List GRE Big Book Word List abase v. To lower in position, estimation, or the like; degrade. abbess n. The lady superior of a nunnery. abbey n. The group of buildings which collectively form the dwelling-place of a society of monks or nuns. abbot n. The superior of a community of monks. abdicate v. To give up (royal power or the like). abdomen n. In mammals, the visceral cavity between the diaphragm and the pelvic floor; the belly. abdominal n. Of, pertaining to, or situated on the abdomen. abduction n. A carrying away of a person against his will, or illegally. abed adv. In bed; on a bed. aberration n. Deviation from a right, customary, or prescribed course. abet v. To aid, promote, or encourage the commission of (an offense). abeyance n. A state of suspension or temporary inaction. abhorrence n. The act of detesting extremely. abhorrent adj. Very repugnant; hateful. abidance n. An abiding. abject adj. Sunk to a low condition. abjure v. To recant, renounce, repudiate under oath. able-bodied adj. Competent for physical service. ablution n. A washing or cleansing, especially of the body. abnegate v. To renounce (a right or privilege). abnormal adj. Not conformed to the ordinary rule or standard. abominable adj. Very hateful. abominate v. To hate violently. abomination n. A very detestable act or practice. aboriginal adj. Primitive; unsophisticated. aborigines n. The original of earliest known inhabitants of a country. http://www.testsworld.com/gre-word-list...
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...Download GRE Big Book Word List GRE Big Book Word List abase v. To lower in position, estimation, or the like; degrade. abbess n. The lady superior of a nunnery. abbey n. The group of buildings which collectively form the dwelling-place of a society of monks or nuns. abbot n. The superior of a community of monks. abdicate v. To give up (royal power or the like). abdomen n. In mammals, the visceral cavity between the diaphragm and the pelvic floor; the belly. abdominal n. Of, pertaining to, or situated on the abdomen. abduction n. A carrying away of a person against his will, or illegally. abed adv. In bed; on a bed. aberration n. Deviation from a right, customary, or prescribed course. abet v. To aid, promote, or encourage the commission of (an offense). abeyance n. A state of suspension or temporary inaction. abhorrence n. The act of detesting extremely. abhorrent adj. Very repugnant; hateful. abidance n. An abiding. abject adj. Sunk to a low condition. abjure v. To recant, renounce, repudiate under oath. able-bodied adj. Competent for physical service. ablution n. A washing or cleansing, especially of the body. abnegate v. To renounce (a right or privilege). abnormal adj. Not conformed to the ordinary rule or standard. abominable adj. Very hateful. abominate v. To hate violently. abomination n. A very detestable act or practice. aboriginal adj. Primitive; unsophisticated. aborigines n. The original of earliest known inhabitants of a country. http://www...
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...Bombay High Court 1 1862 - 2012 A Journey of 150 Years through some Memorable Judgments Part 1 2 PREFACE A tiny kernel of an idea planted by Justice Mridula Bhatkar took root, and has resulted in a humble effort to present before you a compendium of the crux of some of the judgments of the Judges who have served the Bombay High Court since its inception in 1862.1 The initial idea was to document one judgment of the First Court from each year which was modified to include a judgment of the Bombay High Court of each year. I soon realized that it was too expansive an idea to merit a single judgment a year. I could collect and collate, as many as ten judgments which would qualify to show the development of the law we desired to portray. Having found too vast a number of such judgments, I had to settle at a more reasonable figure of about five judgments each year to showcase the progress this Court has made from its illustrious beginnings. Our Chief Justice Mohit Shah and our Justice Chandrachud wholeheartedly supported the idea to complement the Book published on this the sesquicentennial of our Court. As the number of Judges grew, fewer judgments of each Judge would be selected as illustrations. These judgments are not the only path-finding groundbreaking ones; they are also ones with simplicity and legal elegance. The number of judgments we settled upon just would not permit all deserving judgments to be compiled; only a few have been picked from each year as the first in...
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...Bloom’s Classic Critical Views W i l l ia m Sha k e Sp e a r e Bloom's Classic Critical Views alfred, lord Tennyson Benjamin Franklin The Brontës Charles Dickens edgar allan poe Geoffrey Chaucer George eliot George Gordon, lord Byron henry David Thoreau herman melville Jane austen John Donne and the metaphysical poets John milton Jonathan Swift mark Twain mary Shelley Nathaniel hawthorne Oscar Wilde percy Shelley ralph Waldo emerson robert Browning Samuel Taylor Coleridge Stephen Crane Walt Whitman William Blake William Shakespeare William Wordsworth Bloom’s Classic Critical Views W i l l ia m Sha k e Sp e a r e Edited and with an Introduction by Sterling professor of the humanities Yale University harold Bloom Bloom’s Classic Critical Views: William Shakespeare Copyright © 2010 Infobase Publishing Introduction © 2010 by Harold Bloom All rights reserved. No part of this publication may be reproduced or utilized in any form or by any means, electronic or mechanical, including photocopying, recording, or by any information storage or retrieval systems, without permission in writing from the publisher. For more information contact: Bloom’s Literary Criticism An imprint of Infobase Publishing 132 West 31st Street New York NY 10001 Library of Congress Cataloging-in-Publication Data William Shakespeare / edited and with an introduction by Harold Bloom : Neil Heims, volume editor. p. cm. — (Bloom’s classic critical views) Includes bibliographical references...
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...McGraw-Hill Create text may include materials submitted to McGraw-Hill for publication by the instructor of this course. The instructor is solely responsible for the editorial content of such materials. Instructors retain copyright of these additional materials. ISBN-10: 1121789048 ISBN-13: 9781121789043 McGraw-Hill Create™ Review Copy for Instructor Espinoza. Not for distribution. Contents 1. Preface 1 2. Methods, Standards, and Work Design: Introduction 7 Problem-Solving Tools 27 3. Tex 29 4. Operation Analysis 79 5. Manual Work Design 133 6. Workplace, Equipment, and Tool Design 185 7. Work Environment Design 239 8. Design of Cognitive Work 281 9. Workplace and Systems Safety 327 10. Proposed Method Implementation 379 11. Time Study 413 12. Performance Rating and Allowances 447 13. Standard Data and Formulas 485 14. Predetermined Time Systems 507 15. Work Sampling 553 16. Indirect and Expense Labor Standards 585 17. Standards Follow-Up and Uses 611 18. Wage Payment 631 19. Training and Other Management Practices 655 20. Appendix 1: Glossary 685 21. Appendix 2: Helpful Formulas 704 22. Appendix 3: Special Tables 706 23. Index 719 iii McGraw-Hill Create™ Review Copy for Instructor Espinoza. Not for distribution. Credits 1. Preface:...
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