...Since the doctrine of undue influence is under the court of equity , it derives from different other doctrines that gives it's classification a wide variation from case to case. Thus , it shouldn't be limited a scope of criteria. The criteria shown is only to describe the possibilities of the decisions and distinguishing the doctrine from others , but shouldn't be a consistent set of rules that defines what it exactly it should be in every case and how it should be applied in every case. operates to release parties from contracts that they have entered into as a result of being 'influenced' by the other party. - 754 - Lord Nicholls of Birkenhead : ' If the intention was produced by an unacceptable means , the law will permit the transaction to stand. The means used is regarded as exercise of improper or 'undue' influence, and hence unacceptable whenever the consent thus procured ought not fairly to be treated as the expression of a person's free will. It is impossible to be more precise or definitive. The circumstances in which one person acquires influence over another , and the manner in which influence may be exercised , vary too widely to permit of any more specific criterion' - 770 ' Even this test is not comprehensive. The principle is not confined to cases of abuse of trust and confidence. It also includes, for instance, cases where a vulnerable person has been exploited. Indeed, there is no single touchstone for determining whether the principle is applicable...
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...people of South Carolina. After four great contests in every corner of this country, we have the most votes, the most delegates, and the most diverse coalition of Americans we’ve seen in a long, long time. They are young and old; rich and poor. They are black and white; Latino and Asian. They are Democrats from Des Moines and Independents from Concord; Republicans from rural Nevada and young people across this country who’ve never had a reason to participate until now. And in nine days, nearly half the nation will have the chance to join us in saying that we are tired of business-as-usual in Washington, we are hungry for change, and we are ready to believe again. But if there’s anything we’ve been reminded of since Iowa, it’s that the kind of change we seek will not come easy. Partly because we have fine candidates in the field – fierce competitors, worthy of respect. And as contentious as this campaign may get, we have to remember that this is a contest for the Democratic nomination, and that all of us share an abiding desire to end the disastrous policies of the current administration. But there are real differences between the candidates. We are looking for more than just a change of party in the White House. We’re looking to fundamentally change the status quo in Washington – a status quo that extends beyond any particular party. And right now, that status quo is fighting back with everything...
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...Govt., Business, NGOs – Interface between them in the rise of globalization BUSINESS ETHICS PROJECT Govt., Business, NGOs – Interface between them in the rise of globalization BUSINESS ETHICS PROJECT Chand Ajmera, PGP/17/192 Ananya Jha, PGP/17/194 Shraddha Srikhande, PGP/17/240 Dinesh Kumar V, PGP/17/248 Chand Ajmera, PGP/17/192 Ananya Jha, PGP/17/194 Shraddha Srikhande, PGP/17/240 Dinesh Kumar V, PGP/17/248 TABLE OF CONTENTS 1. INTRODUCTION 2. ROLE OF CSOS IN BUSINESS GOVERNMENT INTERFACE 3. LOBBYING - INTRODUCTION 4. ETHICAL IMPLICATIONS OF LOBBYING 5. EXAMPLES OF LOBBYING 6. ACTIONS BEING TAKEN TO CURB THE UNETHICAL ASPECT OF LOBBYING 7. CONCLUSION & RECOMMENDATIONS 1. INTRODUCTION The growth and function of every business is highly dependent on the government. A large number of government actions in addition to laws and regulations affect companies’ finances. There are several reasons behind regulation of business by the government. 1. Public safety and welfare: Many industries are regularly reviewed and overseen because their activities, if they go skewed, can have detrimental effects to human health, financial well-being, or community structure. [21] 2. Protecting industry: Many regulations are in place to protect those who have developed their business correctly; licensing, permits, and inspections by the government clear out criminal activities that challenge truthful industries. [21] 3. Revenue...
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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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...biological traits, but on the individual’s innate choice to proudly accept their roots and who they truly are (O’Neal Parker). Pinky Johnson is a strong character who chooses to pass as white at first, but then not only regrets her decision, but also refuses to pass ever again (Pinky). She doesn’t make this decision just because she must accept the social view that she is black, but because she feels that by embracing her community she can lead a more meaningful life (Pinky). Pinky Johnson is originally from the south where she was always curtailed due to her race. Hence, her grandmother decides to send her to Boston where she would be able to get a better education and more opportunities (Pinky). While in Boston, Pinky begins to call herself Patricia, educates herself to be a professional nurse, and begins to live a life as a high class northern girl (Pinky). Elia Kazan, the director of Pinky, portrays the character of Pinky as a woman of mixed race whose ‘white’ features are so distinct that nobody would even guess that she has African American blood unless they were actually told that (Pinky). The only other way of knowing about her heritage was through her grandmother, Dicey Johnson, who is distinctly black. Elia Kazan perfectly portrays this in the scene where the two cops mistake Pinky to be white and come to help her because they think that Jake is molesting her (Pinky). At first they are very protective and respectful of Pinky, but the moment she tells them that she is actually...
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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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...This case study will analyse the ethical dilemmas faced by David, audit manager at C & A who is hired to do the financial year-end audit for MAL. The six step ethical framework will be adopted to gain an understanding of principles and obligations for analysing the situation faced by David and arrive to a professional and responsible resolution. Step 1: Relevant Facts of the Case MAL-Marburg Appliances Ltd | * White goods company listed on the ASX * Reckless furnishing of financial statements. * Issues not identified in previous audit report * Unqualified audit reports issued for the previous 5 years * Closing inventory count is overstated as it included obsolete goods. | Penny Yang | * The CFO of MAL * Offered David a discounted yearly gym membership * Intimidated David and Michael to finish audit within 6 weeks, or MAL will change the audit team | Joe Miller | * A new warehouse manager * Inexperienced in large volume of purchase and sales | Michael Thompson | * New lead audit partner at MAL * Not familiar with “white goods industry ” | David Brown | * Employed by mid-tier firm of C&A * Audit manager for MAL * Received a $10,000 increase in salary * Not involved in MAL’s audit before * Ask his friend (Peter) for advice | Step 2: Identify The Ethical Issues Part A: General Application | Case Issues | S110 Integrity S110.1 members should be straightforward and honest in all professional and business relationship...
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...------------------------------------------------- Vizconde massacre From Wikipedia, the free encyclopedia The Vizconde murder case, colloquially known as the Vizconde massacre, was the multiple homicide of members of the Vizconde family on 30 June 1991 at their residence in BF Homes,Parañaque City, Metro Manila, Philippines.[1] Estrellita, 49, had suffered thirteen stab wounds; Carmela, 19, had suffered seventeen stab wounds and had been raped before she was killed; and Jennifer, 6, had nineteen stab wounds.[1] Lauro Vizconde, Estrellita's husband, and the father of Carmela and Jennifer, was in the United States on business when the murders took place. The lead suspect was Hubert Webb, whose father Freddie Webb was famous as an actor, former basketball player, and former Congressman and Senator. The other defendants were Antonio Lejano II, Hospicio Fernandez, Michael Gatchalian, Miguel Rodriguez, Peter Estrada, Joey Filart and Artemio Ventura.[2] In the Trial Court (People of the Philippines vs. Hubert Webb, et al., G.R. No. 176864), it became one of the most sensational cases in the Philippines, becoming the "trial of the century". The men were convicted by the Parañaque Regional Trial Court which the Court of Appeals affirmed. Except for Filart and Ventura who had been convicted in absentia, the men were later acquitted by the Supreme Court on 14 December 2010 for failure of the prosecution to prove their guilt beyond reasonable ------------------------------------------------- ...
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...CONTRACT LAW 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...
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...Law of Contract What is a legal agreement Contract is an agreement which the law will enforce. What is the difference between an agreement and a legally binding agreement? To understand this problem we should consider two scenarios. The first is if we ask a friend or colleague to have lunch with us and they agree. There is an offer and an acceptance. If we were to be asked if we are suing the friend or colleague for breach of contract our answer would be an emphatic no. (Why would we give an emphatic no? What is the common sense reason for this?) Before going further into this scenario lets look at a different one. We make a booking at a hotel. We fail to turn up. The hotel having reserved a room for us has been unable to sell the room to anyone else. If the hotel were to sue us we would accept the fact because there is an intention to create legal relations.Why? Because it is a business relationship. In the same way if the hotel had sold our room we would consider legal action of our own. A legally binding contract needs offer, acceptance, intent to create legal relations and consideration. It is the presence of intent to create legal relations and of consideration that converts a social agreement into a legal agreement. Offer Characteristics of an offer Must be certain : Gunthing v Lynn 1831 Must be differentiated from an enquiry : Harvey v Facey 1893 Must be differentiated from an intent to trade: Pharmaceutical Society of Great Britain v Boots 1953 May be...
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...A brief Review of Corruption Table of Contents Table of Contents……………………………………………………………2 Abstract………………………………………………………………………3 Introduction………………………………………………………………....4 Background………………………………………………………………….5 Research Methods ……………………………………………………....…..7 Interviews……………………………………………………………….……7 Results………………………………………………………………………..16 Discussion…………………………………………………………………….16 Conclusion……………………………………………………………………17 Work Cited…………………………………………………………………..18 Abstract My research paper will not be designed to solve a particular problem but instead to illuminate the enormity and insidious nature of ‘Corruption. Also to illustrate, by various examples how, trivial local issues of corruption are probably just r the tip of the iceberg. In other words, the problem is identify and discuss examples of ‘Corruption’ of varying sizes, importance to the local community and nation, and the media exposure of each. To begin my research, I sought to get a clear workable definition of ‘Corruption’ as evidenced by the three almost distinct definitions presented in the text...The research also involved interviews of community members. The third phase of my research involved reading and investigating what newspaper’s reported on ‘Corruption’; what writers and scholars from academia recorded; and what I could gleam from magazines and other periodicals. The Conclusions drawn are: - The minority voting population is very immature and should grow up and stop voting...
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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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...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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...According to the 1920 US Census, the Chinese population in the United States in 1900 was 89,863 (“US Census”). If we calculate the number of female Chinese immigrants using Yung’s ratio and the Census’ record of the total population, we can conclude that there were approximately 4,730 Chinese females in America in 1900, compared to about 85,133 Chinese males. This number is staggering, but it also shows us just how severe the influence of sexism was on female members of the Chinese American...
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...in New York City's Wall Street financial district. The Canadian group and magazine Adbusters initiated the call for protest with assistance from the Manhattan-based public relations firm Workhorse, who was well-known for its successful work on brands including Mercedes and Saks Fifth Avenue. The ensuing series of events helped lead to media awareness that inspired Occupy protests and movements around the world. In awarding Workhorse its Platinum Award, industry publication PRNews noted the results, obviously, have been spectacular. There’s hardly a newspaper, Internet or broadcast media outlet that hasn’t covered OWS. The main issues raised by Occupy Wall Street are social and economic inequality, greed, corruption and the perceived undue influence of corporations on government—particularly from the financial services sector. The OWS slogan, we are the 99%, refers to income inequality and wealth distribution in the U.S. between the wealthiest 1% and the rest of the population. Protesters were forced out of Zuccotti Park on November 15, 2011. After several unsuccessful attempts to re-occupy the original location, protesters turned their focus to occupying banks, corporate headquarters, board meetings, and college and university campuses. While the movement’s first days did not receive much news coverage, it soon turned into media frenzy, with some columnists comparing its importance to that of the Arab Spring, which led to the overthrow of leaders in several Middle Eastern and...
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