an underlying causa (like a contract of sale) is lacking, putative or invalid. Among the essential requirements of ownership, in which we are specifically interested include the conditions that (i) the delivery must be made by the owner of the goods, or by an agent of his/her who is expressly or by implication authorized to alienate them. This rule follows from two complimentary principles: (a) that which belongs to a person cannot be transferred without his own act – “id quod nostrum est, sine
Words: 10048 - Pages: 41
transactions must be certain that contracts between companies and countries are legally enforceable, or binding. Legally binding contracts offer a sense of security to the companies involved and minimize risks of legal disputes regarding the subject matter of the contracts. If a company must take legal action against a business partner located in a different country, it would be practical for the company to decide on the type of law clauses to be used during contract negotiations. As indicated in
Words: 788 - Pages: 4
Contracts I Outline – go through mind map list the 4 big issues, each para under the issues can include subissues, can say it might not be an issue later ------------------------------------------------- Bern’s Model: TMJM ------------------------------------------------- Tsedeq- righteous moral standard ------------------------------------------------- Misphat- applied even handedly ------------------------------------------------- Jurisdiction- by one authority -------------------------------------------------
Words: 22394 - Pages: 90
(IFRS) mainly IAS 11 "Construction contracts" and IAS 18 "Revenue". ASB´s main revenue recognition methods are contract accounting, general revenue recognition and service revenue recognition methods. Basic Revenue Recognition Criteria Revenue can be recognized for majority of ASB sales (regardless of revenue recognition methods) when all the following criteria have been met: 1. A contract is in place (binding obligation) 2. Delivery has occurred: a. IAS 11 (contract accounting); delivery has occurred
Words: 1346 - Pages: 6
Brief Legal Encounter 1 What liabilities and rights do NewCorp and Pat have in this situation? What legal principles, such as statutory or case law, support those liabilities and rights? Liabilities include: wrongful termination, a breach of contract, and freedom of speech violation. Issue: NewCorp fired Pat without notice of unsatisfactory performance after being vocal at the local school board meeting. Explanation: Vermont is an at-will state; therefore Pat is an at-will employee giving
Words: 1303 - Pages: 6
prerequisites for a valid contract before we can determine if Jean can claim a breach of contract. (1. p291) From the information provided, I do not believe that there is a valid contract or that Jean can claim breach of contract. For a contract to be formed, it must meet all of the six prerequisites for a valid contract. The first requirement is ‘Intention to create legal relations’. As noted by Latimer, agreements between parents and children “do not usually give rise to contracts”. (1. p353, ¶5-520)
Words: 2295 - Pages: 10
Intellectual and Professional Services having estimated cost above Tk. 10 million. The Procuring Entity should also refer to the Public Procurement Act, 2006 (Act No 24 of 2006), and the Public Procurement Rules 2008, issued to supplement the act available on CPTU,s website: http://www.cptu.gov.bd/. All concerned are advised to refer to the aforementioned Act and Rules while participating in any selection process of Consultants. The use of SRFP (PS8) applies when a shortlisting process following Expressions
Words: 25299 - Pages: 102
former employee at Ace Accident Insurance in Cairns was treated unfair by her former employer. In employment relations all employees should be treated and remunerated fairly, irrespective of them being an independent contractor or an employee (Fair Work Act, 2009). In this report it shall be determined whether Anne Parish was an employee or an independent contractor to Ace Insurance Co. using the multi-factor test. Further it shall also be argued upon whether Anne was dealt fairly or not. 2.0 The
Words: 1738 - Pages: 7
legal environment within which businesses operate. A substantial part of the course is dedicated to contract law, as the making and performance of contracts form the rudiment of all businesses. Students will also be introduced to the law of torts, in particular the tort of negligence. Other legal areas and concepts which, at the instructors’ discretion, will be taught include privity of contract, agency, business torts, commercial crime, e-commerce law, law of business organizations, intellectual
Words: 975 - Pages: 4
EMPLOYERS’ LIABILITY An employer has a DOC to see that reasonable care is taken to ensure the safety of employees. The DOC of the employer to employee extends to the provision of competent staff, a safe place of work, safe equipment and a safe system of work. -Metropolitan Parks v Percival The respondent lost both legs following a fall from a flat-bed truck on which he worked. During the course of the afternoon, there was an interlude for refreshments. The respondent admitted to having had either
Words: 3685 - Pages: 15
