Aspects of Contract and Negligence for Business Faculty: Md. Ashiqur Rahman Bhuiyan Head, School of Business, BAC Learning Outcome 3 & 4 ------------------------------------------------- Name: Orbind Bhakta ------------------------------------------------- ID: 2013121024 SOUTHERN AUTOMOBILES LIMITED SOUTHERN AUTOMOBILES LIMITED ACKNOWLEDGEMENT I would like to acknowledge all the help from Southern Automobiles Limited especially Mr. Manoranjan
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are selective in nature and scope. The notes are for academic purposes only. Lecture 10 Law of Contract: Discharge of the Contract INTRODUCTION In this lecture, we will first discuss a number of ways in which a contract can be discharged (that is, brought to an end), including the right of termination for major breach of contract. We will then consider the issue of breach of contract in further detail, with a focus on the common law remedy of damages together with the principles by which
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employees involved in different contracts. Contract is an agreement between two or more entities to do or not to do something with consideration for which the law provides a remedy. Contract is mainly use to enforce an agreement. A contract exist when there is an offer, an acceptance with is a meeting of the mind with the manifestation of the intent to agree, a consideration, a recognition to accept an offer and be able to consider an offer by law, and a subject matter. A contract can be void under certain
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that “Business Ethics” should be driven or governed by “Personal Ethics”, with 84% of respondents stating that a balance of both the requirements of the client and the impact on the public should be maintained. No respondents were aware of any cases of employers attempting to force their employees to initiate, or participate in, unethical conduct. Despite this, all the respondents had witnessed or experienced some degree of unethical conduct, in the form of unfair conduct (81%), negligence (67%)
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“A satisfactory justification for strict liability in tort law has yet to be found.” It is generally recognised that being responsible at law or in ordinary life are very different concepts: one is based on blame while the other focuses on fault. This imbalance is embedded in the tension between the two bases of liability recognised in the law of torts. On the one hand, as stressed in Hoffman v Jones, ‘the most equitable result that can ever be reached by a court is the equation of liability with
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common law system originally developed in England and later being inherited by Australia in 1788. However, statute law always overrules common law when there is a clash between them. In addition, the common law can be further classified into two aspects, civil law and criminal law. “Civil law involves matters between person and person regarding the enforcement of rights and the carrying out of obligations” while civil case only results in compensations for the person who wins and liabilities for
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Introduction - Director’s duties Even though the law recognizes corporations as separate and distinct entities from the owners, it nevertheless recognizes that corporations act through people. Such people are referred to as directors and manage the activities of a corporation. In Lennard’s Carrying Co. v. Asiatic Petroleum Co. Ltd, the court observed that directors are the directing mind and will of the company. Accordingly, directors of a company act for and behalf of the company, and as such owe
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Property e) Recovery of Property f) Necessity g) Authority of Law h) Discipline i) Justification 3) NEGLIGENCE (PAGES 7 - 11) a) History b) Elements of A Cause of Action c) A negligence formula d) Standard of care i) The RPP ii) The Professional iii) Aggrivated Negligence e) Rules Of Law f) Violation of Statute (NEGLIGENCE PER SE) i) Applicability of Statute ii) Effect of Statute g) Proof of Negligence i) Court and Jury: Circumstantial Evidence ii) RES IPSA LOQUITUR 4) CAUSATION IN FACT (11 - 12) a)
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Property e) Recovery of Property f) Necessity g) Authority of Law h) Discipline i) Justification 3) NEGLIGENCE (PAGES 7 - 11) a) History b) Elements of A Cause of Action c) A negligence formula d) Standard of care i) The RPP ii) The Professional iii) Aggrivated Negligence e) Rules Of Law f) Violation of Statute (NEGLIGENCE PER SE) i) Applicability of Statute ii) Effect of Statute g) Proof of Negligence i) Court and Jury: Circumstantial Evidence ii) RES IPSA LOQUITUR 4) CAUSATION IN FACT (11 - 12) a)
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We will go through the BP business context and culture, safety aspect, organization capability, responsiveness and risk assessment aspects of their ethical culture, result from the management and caused the disaster. BP Business Context and ethical culture: From the BP management employer aspects, they are not follow some mechanical level, safety procedure over and ignored which required by Act (e.g. Clean Air Act) over 8 year for their production. At the end the huge explosion occurred in March
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