...eRMIT UNIVERSITY EXAM COVER SHEET NOTE: This exam paper may be RETAINED by the student EXAM DETAILS Course Code: Course Description: Date of exam: BUSM4177 Leading for Change 04/06/2012 Start time ofexam: 8 09:15 Duration of exam: 2hr 15min Total number of pages (incl. this cover sheet) ALLOWABLE MATERIALS AND INSTRUCTIONS TO CANDIDATES 1. Write your full name and student number on each exam booklet together with the number of exam books used. Students must not write. mark in any way any exam materials, read any other text other than the exam paper or do any calculations during reading time. 2. 3. All mobile phones must be switched off and placed under your desk. You are in breach of exam conditions if it is on your person (ie. pocket). This is a CLOSED BOOK Exam. 4. 5. Commence each question on a new page. Carry out the instructions on the front cover of the exam script book and the front of this exam paper. 6. Calculators are not allowed. 7. 8. 9. This exam comprises 50% of the overall marks available in this course Each question has a Part A (8 marks) and a Part B (7 marks) to give a total of 15 marks. Answer any THREE (3) questions 10. Up to 5 additional 5 marks (in total) may be awarded if there is evidence of critical thinking in your answers. BUSM 4177 Leading for Change Semester 1, 2012 Examination page 1 BUSM 4177 Leading for Change (Melbourne semester 1, 2012) Exam Case study Yarra Valley...
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...The law of contract A contract is an agreement giving rise to obligations which are enforced or recognized by law. A contract is a legally binding agreement which is enforceable in law. Formality: the law imposes no requirements regarding the form that a contract takes. Generally, a contract made orally is just as valid in law as written contract signed by both parties. 如果there is some good reason for doing so, 这时候law 就会impose requirements. 三种不同的requirements: 1. required to be made by deed (deed 是一个legal document专门用来create right的,formality更加的strict). 例如:有关land的interest问题,合同长度超度3年的, lack consideration的合同(这种lack consideration的合同一般认为not binding 除非made by deed) 2. required to be in writing. 例如: 有关land的sale的问题,bills of exchange(必须sighed),credit &hire-purchase(分期付款) agreements(必须contain certain information 3. required to be evidenced in writing (不需要一定in writing, 但是如果不evidenced in writing的话就会unenforceable, 必须有written evidence 来证明the agreement has been made). 例如:关于guarantee的合同 Guarantee 与indemnity(赔偿、损害保障)的区别:guarantee:如果B fails to pay, A就promise to pay,需要evidenced in writing. Indemnity: 无论出了什么事,不考虑B的liability, in any event, A都会pay for B, 是normal contract,不需要evidenced in writing。 E-commerce & formalities: a contractual offer sent by email 同样被当做being in writing,如果the name is included in the email text 就当做sender已经sign the document. Capacity: the ability to enter into a binding contract. 条件:all living sober(清醒不醉酒) adults of sound(健全完好有智力的) mind. Minor(未成年人):lack of capacity, 通常这时候contract不是void的,对方无权enforce也不能因为那人是minor而escape...
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