affect the principal’s legal position in relation to other parties. This presentation will explore the below: • Definition of agency • Creation of agency • Effects of contracts made by agents • Rights and duties between principal and agent • Termination of agency DEFINITION OF AGENCY An agent is a person employed to do any act for another or to represent another in dealings with third persons. Cap 23 Laws of Kenya is the law that governs Agency law in Kenya. The law of agency is based on the
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the general public for the performance of some specified act, such reward may be claimed by any person who performs such act, is the exception of agents, employees, and public officials within the scope of their employment or official duties.” 17-4 Northern Corp. v. Chugach Electrical Association Facts: Northern entered into a contract with Chugach to repair and upgrade the upstream face of Cooper Lake Dam in August 1966. To contract required Northern to pick up rock from a quarry at the opposite
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Difference between contract law, tort law, and common law. * Contract law refers to written agreements and oral promises * General principles of contract law determine whether an employer-employee relationship exists and what remedies apply to breach of the employment agreement. * A contract has three elements, offer, acceptance and consideration. * Tort law refers to any wrongdoing * A tort is a wrong for which there is legal remedy. * Tort law is a branch of civil law
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Contents 1 Introduction 2 2 Describe the nature of general tortuous liability comparing and contrasting to contractual liability (3a) 3 3 Explain the liability applicable to an occupier of premise (3b) 5 4 Explain the liability applicable to the staff and discuss the nature of employer liability with reference to vicarious liability and health and safety implications of his employees (3c) 7 5 Distinguish strict liability from general tortuous liability with reference to Prime Computers
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1.0. INTRODUCTION A contract is a voluntary arrangement between two or more parties that is enforceable at law as a binding legal agreement. Contract have a history that where or when established. Contract law is based on the principle expressed in the Latin phrase “pacta sunt servanda”, (“agreements must be kept"). The common law of contract originated with the now-defunct writ of assumpsit, which was originally a tort action based on reliance. Contract law falls within the general law of obligations
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Greentree Financial Corp.-Ala.v.Randolph The Legal Environment of Business Abstract This paper is a brief introduction and discussion about a Supreme Court case- Greentree Corp. Ala. v. Randolph, which focuses on Contract Law and some concepts of arbitration. There are also some personal analysis and view about the case. Finally, some inspirations will be listed as impressions and for further discussion. Finally, a brief conclusion will be summarized at the end of
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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
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COMPILATION OF CASE LAWS LAW OF TORT 1. DONOGHUE V. STEVENSON (1932) AC 562 On the evening of Sunday 26 August 1928, Mrs May Donoghue, boarded a tram in Glasgow for the thirty minute journey to Paisley. At around ten minutes to nine, she and a friend took their seats in the Wellmeadow Café in the town's Wellmeadow Place. They were approached by the café owner, Francis Minghella, and May's friend ordered and paid for a pear and ice and an iced drink. The owner brought the order and
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that the act of state doctrine barred recovery by the Glens and dismissed the Glens’, claims against Club Med. * The U.S. Court of Appeals applied the act of state doctrine and affirmed the judgment of the U.S. District Court that dismissed the Glens’ claim against Club Med. 1. The act of state doctrine prevents any court in the United States from declaring that an official act of a foreign sovereign performed within its own territory is invalid. That means that states that an act of a government
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government purchases to justify both price and costs of a product and services before awarding a contract. Also the ability to review current reasonable market price, provides an opportunity to negotiate realistic prices when the Government request corrections in the IGCE. There are three primary purpose of cost estimate. The primary purpose of cost estimates are: To reserve funds for the contract during the acquisition planning phase, As a basis of comparison for costs or prices proposed by prospective
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