KABARAK UNIVERSITY BUSINESS LAW AND ETHICS 1. Kenya’s court system. a. the court of appeal this is the highest court in Kenya with the function of hearing appeals from the high court in certain matters. b. the high court this is the second in hierarchy. Hears both criminal & civil matters. it has specialized divisions:- - family divisions - criminal divisions - civil divisions - commercial division - constitutional& judicial review divisions. Appeals
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Table of Contents Abstract 2 Assignment Week 1 4 9.4 Business Ethics. 4 Does Winkel receive the profit-sharing bonus? 4 Did Dr. Vranich act ethically in raising the defense that the contract was not in writing? 5 10.7 Acceptance 6 Who wins? 6 11.4 Preexisting Duty 7 Can Gough recover? 7 13.1 Unilateral Mistake 8 Can the estate rescind the contract? 8 References 10 Assignment Week 1 We researched several cases this week where we discussed and answer several questions related with
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A contract is an agreement between parties, with terms and conditions that describe the agreement, that constitutes a legal obligation. Contracts provide the means for individuals and businesses to sell and otherwise transfer property, services, and other rights. The four elements of a valid contract are agreement, consideration, contractual capacity, and lawful object, in order for a contract to be enforceable all four of these requirements must be
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One of the main objects of the Electronic Transactions Act (ETA) was to facilitate transactions of an electronic nature . However, the ETA fails to incorporate clear legislation for courts to follow and interpret in relation to the incorporation of terms of these contracts. With such ambiguity within the ETA , this can create problems for parties entering into a contract of an electronic nature. This problem extends further to the judicial system, with no clear legislative materials to facilitate
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98 II. Reciprocal Obligations ......................100 III. Obligations with a Period ..................100 IV. Alternative and Facultative Obligations 101 V. Joint and Solidary Obligations ..........103 Effects of Prejudicial and Beneficial Acts (Art.1212) ...................................................105 VI. Divisible and Indivisible Obligations..106 VII. Oblligations with a Penal Clause ..106 Chapter IV. Extinguishment of Obligations ..........................................
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Offer The first element in a valid contract would be offer. An offer or a promise or an agreement needs to be in contract because if there is no offer than there will be no contract. In the Contracts Act, 1950, the first elements in a contract would be offer. It is one of the elements to make sure that the contract is legally valid or acceptable. In a contract, it is very important that a party would make an offer. There is a difference of offer between an advertisement and an option. To make an
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ESSENTIAL ASPECTS FOR BUSINESS OF THE CONSUMER PROTECTION ACT 1. WHO IS AFFECTED BY THE CONSUMER PROTECTION ACT (“CPA”)? • • • • Suppliers of products Suppliers of services Dual suppliers of services and products Consumers 4. DISADVANTAGES OF THE CPA • Commercial uncertainty: e.g. the fact that consumers can terminate longterm contracts will make projections and budgeting dif cult for certain industries. Contractual uncertainty: e.g. suppliers will not always be sure whether they have contractual
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Procurement and Contract Law February 26, 2012 ASSIGNMENT 4: Translating FAR Clause 52.242.17 Introduction The Federal Acquisition Regulation (FAR) is the chief body of rules in the Federal Acquisition Regulation System used by the United States government. The Federal Acquisition Regulation was created to govern the process of purchasing goods and services. The process consists of three phases. These are, need recognition and acquisition planning, contract formation, and contract administration
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For a contract to be valid it must have the following characteristics: 1. Offer and acceptance A contract is formed when an offer by one party is accepted by the other party. An offer must be distinguished from mere willingness to deal or negotiate. For example, X offers to make and sell to Y calendars featuring Australian paintings. Before any agreement is reached on size, quality, style or price, Y decides not to continue. At this stage, there is no legally binding contract between X and Y because
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This can be applied to future cases (and exams). Law vs. Ethics Ethics are voluntary rules of behaviour; Designed to create conditions allowing people to live a good life; Laws are coercive rules on conduct; Imposed on society through the social contract; Origin of ethics Jeremy Benthem (18th century). Utilitarianism – political and social institutions (law) should be used to maximum utility. Maximize pleasure and minimize pain. John Stuart Mill (19th century). Actions are wrong if they produce
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