Optional Question 1: Scenario (Facts of the case) You are employed as a legal executive in a firm of solicitors. A client (Mr Ben) has come and seeking advice on several claims and legal issues, which have recently arisen. You are required to write a legal report for the following claims: Alan is a qualified accountant and his father Ben, who owns a small business, a bookshop which specialises in acquiring and selling rare books. He recently saw an advertisement in a specialist book
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1. Introduction 1.1 From the dawn of human civilization, we, human being are directly or indirectly dependent to each other. For our better living, we created family, then formed group/society, then country and international community. Each individual, each family, each group and each country are dependent on each other by some means. For the easy exchange of dependency, people introduced business. “Business is defined as the exchange of goods, services or money for mutual benefit or profit.”
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Punitive 22) Injuries Harm to Property Damages 10) WRONGFUL DEATH AND SURVIVAL (22) a) Wrongful Death b) Survival 11) DEFENSES (22 - 24) a) Plaintiffs Conduct 1) Contributory Negligence 2) Comparative Negligence 3) Assumption of Risk i) Express ii) Implied b) Statutes of Limitation and Repose 12)
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CASE STUDY Intel® Xeon® processor 5600 series Manufacturing Energy Efficiency, Environment, and Performance Virtualization Moving to a Platform for Growth Standardizing on Intel® Xeon® processors helps Mindspeed Technologies consolidate servers, reduce costs, and support continued business expansion Mindspeed Technologies, Inc.—which designs, develops, and sells semiconductors for telecom networking products—wanted to consolidate its physical IT infrastructure used to run mission-critical business
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(Brison, p 195, 2012). According to Brison, “In 2009, Coca-Cola was named in a class action lawsuit, Ackerman v. The Coca-Cola Company based on Fraud/Misrepresentation, Unfair Business Practices, False Advertising, and Breach of Express and Implied Warranties” (Brison, p 195, 2012). This lawsuit implies that Coca-Cola misrepresented the product by
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FREE ENTERPRISE Activities TO THE TEACHER Free Enterprise Activities relate important economic concepts taught in the text to the market economy. Each activity reinforces an aspect of the American free enterprise system. Many activities challenge students to play the role of an entrepreneur, underscoring the key part played by those who assume the necessary risks to develop a business. Other activities help students understand the roles of government, labor, consumers, and the global economy
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hired him to do the work. In these circumstances • Maria would not have to pay anything. • the man could sue Maria for unjust enrichment. • Maria would have to pay whatever a court finds to be "fair." • the man could sue Maria for breach of an implied, unilateral contract. 4. The power of preemption is derived from • the Supremacy Clause. • the power of judicial review. • the Commerce Clause. • the Necessary and Proper Clause. Download now LAW 421 5. Two merchant companies have entered
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Statutory Interpretation (not examinable) • Literal Rule There are three (3) principles of law that can be applied to interpret the law, where the Literal rule can be applied and if absurdity exist either the Golden or the Mischief rule can be used. The Literal rule considers the law as what it says where the natural meaning of the words are used for interpretation; this can be depicted in the case Regina v Barrymore where the defendant was charged with the offence of wounding with
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carrier are controlled by statute in order to safeguard the public by guaranteeing that there will be financial resources available in the event of an accident. The courts may not create a contract for the parties. When the parties have no express or implied agreement on the essential terms of a contract, there is no contract. Courts are only empowered to enforce contracts, not to write them, for the parties. A contract, in order to be enforceable, must be a valid. The function of the court is to enforce
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BORROWINGS & CHARGES CHAPTER 8 BORROWING POWERS OF A COMPANY BORROWING POWERS • Every trading company has an implied power to borrow, as borrowing is implied in the object for which it is incorporated. A trading company can exercise this power even if it is not included in the Memorandum. However non-trading company has no implied power to borrow and such power can be taken by it implied power to borrow and such power can be taken by it by including a clause to that effect in the Memorandum. A public
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