of credit. • The trial court correctly determined that there are no sustainable or cognizable issues of fact as to fraud. That was impliedly adopted by the Appellate Division. The fraud exception theory of recourse against beneficiaries of letters of credit, thus, provides no outlet for Morgan. • Accordingly, the order of the Appellate Division should be affirmed with costs. • In my opinion, I believe that the letters of
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provision was unenforceable as “it violated public policy by restraining the free alienation of property. “ The trial court found that a bar on the sale could only be “enforced for a reasonable time, and that a reasonable time had passed.” The appellate
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Facts: Respondent Toribio Teodoro has continuously used "Ang Tibay," both as a trade-mark and as a trade-name, in the manufacture and sale of slippers, shoes, and indoor baseballs since 1910. On September 29, 1915, he formally registered it as trade-mark and as trade-name on January 3, 1933. Petitioner Ana Ang registered the same trade-mark "Ang Tibay" for pants and shirts on April 11, 1932, and established a factory for the manufacture of said articles in the year 1937. The Court of First
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The Competition Act 89 of 1998 (“the Act”) was used as reference Caption: Momentum Group Limited v African Life Health (Pty) Ltd (CAC) 58/CAC/Dec05 Heard in the Competition Appeal Court Decided 14 February 2006. Judgment written by Malan AJA. Davis JP and Mailula AJA concurring. Facts: This case dealt with the review and appeal of the decision of the Competition Tribunal. The applicants in the case are Momentum Group Limited (“MGL”) and two non-executive directors, L. Dippenaar and J
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Case Study Presentation (Chapter 4 Page 104) Corey Airport Services Inc. versus Clear Channel Outdoor Inc. The deciding court was the United States Court of Appeals for the Eleventh Circuit Case decided on June 4, 2012 The events of this case began when the City of Atlanta issued a request for proposal for a five-year contract at Hartsfield-Jackson Atlanta International Airport in 2002. The lease arrangement envisioned in the request for proposal involved the winning bidder managing hundreds
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With the aid of case law critically discuss the integration or organisational test of identifying an employee from an independent contractor. In you answer you should indicate the origins of the distinction between an independent contractor and an employee, why courts adopted this test, when was it discarded and reasons thereof. The integration test was developed as an alternative to the control test by Lord Denning in Stevenson, Jordan & Harrison Ltd v MacDonald and Evans (1952). It relied
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tattoo when instructed to do so by her employer constitutes “misconduct” as defined by N.M. Stat. Ann. §51-1-7. Also, if Ms. Baker provided proof of Natalie’s appearance having a negative effect on the business, causing sales/profits to go down. Brief Answer: Natalie’s refusal to remove the tattoo does not constitute misconduct. There was no rule or policy forbidding tattoos. Ms. Baker did not provide any proof of Natalie’s appearance causing sales to go down in the business.
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Contingencies 1. For the year-end December 31, 2007, financial statements, what amount should M record as a liability? For year-end December 31, 2007 M Company should accrue the liability in the amount of 17 million and disclose the liability in the notes of financial statements. M company should accrue the liability for the contingency and disclose the nature of the liability within the notes to the financial statements. This is in accordance with guidance under ASC 450-25-2, which stated, in part:
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include limited-jurisdiction trial courts, general-jurisdiction trial courts, intermediate appellate courts, and a supreme court (Cheeseman, 2013). Limited-Jurisdiction Trial Courts State limited-jurisdiction trial courts or inferior courts are in use to hear specific types of litigation such as traffic, family law and misdemeanor criminal cases. The decision of these courts can be appealed to a general-jurisdiction court or an appellate court. In the case of AMF v. Brunswick this process did not occur. General-Jurisdiction
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Case 1 THE PEOPLE, Plaintiff and Respondent, v. J.B., Defendant and Appellant. 1- The facts of the case Appellant J.B. (minor) was found to have committed felony false imprisonment on evidence he and three other young men surrounded and tripped a man. The victim, who did not speak English, did not understand what the young men said in the course of the incident, and he was unable to identify any particular action by the minor, other than his participation in the initial surrounding. The
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