Agency Law 1. Agent is not a party, only representative to carry out almost all legal acts of principal. 2. Agent must have authority to represent. Relationship is normally contractual. a. Express authority ACTUAL: being set out/stated in words by principal, orally or in writing.超过一年或一年可能不能完成、买卖land/interest in land/business must written document即为power of attorney. b. Implication authority ACTUAL: • Authority被要求做things necessarily or normally incidental to acts that have been expressly authorized
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times herein mention is also a student at TJSL. 3. Defendant Thomas James was also present at the “Bar Review” at the Music House Bar. Thomas James is a first year student at TJSL, and shares a torts class with Misty Gold. 4. Misty Gold, also a first year law student at TJSL. Misty Gold shares a torts class with Thomas James. She resides in the city of San Diego, county of San Diego, and state of California. She was also present at the “Bar Review” hosted at the Music House Bar. 5. Melody
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this case, Karen committed fraudulent misrepresentation as she gave Jesse a reason to believe that the property value was initially £200,000 according to the valuations she got from the estate agents verifying that, therefore, she committed an intentional behaviour as she made a false statement which induced Jesse into a contract and had been reckless with the statement made so the misrepresentation is material to the transaction. Whereas with negligent misrepresentation, the behaviour is careless
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in damage, undesired by the defendant, to the plaintiff.” (Rogers, Winfield and Jolowicz on Tort (15ed. 1998)) Negligence protects against three different type of harm damage to property, personal injury and economic loss . Before 1932, no generalized duty of care in negligence existed. The common law in some circumstances did recognize the duty of care should be owed e.g. road accidence. The tort of negligence was fully established in the case of Donoghue v Stevenson (1932). Mrs. Donoghue
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Peter (CEO of ACME Corporation) called Dave and asked him if he would move barrels of toxic waste from Indiana to Ohio and in return for his services he would receive five-thousand dollars. He then tells Dave that a contract would be arriving in the mail and the offer is open for seven days. The contract that Peter has sent to Dave is a unilateral contract (promise for an act) (Clarkson, Miller & Cross, 2012). Peter has made an offer to Dave. Dave can accept the offer by signing and returning the
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Logan V. Canada Safeway Limited et al., 2006 BCSC 1733 (CanLII) Area of Law Negligence: failure to use reasonable care, resulting in damage or injury to another. Negligence involves harm caused by carelessness, not intentional harm. In other words, negligence means being a bystander who foresaw consequences, and did not take any action to prevent the injury as a normal person would. In this case, the Common Law applies. The Story / Facts On May 11, 2003, the plaintiff (Jody Ann Logan)
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Libel is false, “published or broadcast communication that lowers the reputation of an individual by holding him or her up to contempt, ridicule, or scorn” (Pember, 691). Defamation is a broader, more encompassing term that includes both libel, which is published defamation, and slander, which is spoken defamation. In the case Gregory v. Gregory, plaintiffs Robert, Christopher, and Samuel Gregory sue their brother, W. Patric Gregory III (“Patric Gregory”) for libel. The brothers are in a family business
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Hair Today Gone Tomorrow Ltd. INTRODUCTION Companies are formed to create a legal identity separate from the individuals who make up the membership of the company. A company is the predominant form of legal entity for conducting business in Ireland today. There are different types of company including private companies limited by shares, public limited companies, single member companies, unlimited companies, companies limited by guarantee having a share capital and companies limited by guarantee
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termination of an employment contract where the termination breaches one or more terms of the contract of employment 4. Entitlement: An individual's right to receive a value or benefit provided by law. 5. Tort (defamation): Defamation is a statement that injures a third party's reputation. The tort of defamation includes both libel (written statements) and slander (spoken statements). 6. Reasonable notice: An employee is entitled to a certain amount of notice (or pay in lieu ofnotice) when their employment
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BMW V GORE: 517 U.S. 559, 116 S. Ct. 1589, 134 L. Ed. 2d 809 (1996) By Bianca Prado Sue Ganske BUL4310 2/11/16 Copyright 2016 Bianca Prado BMW V GORE: 517 U.S. 559, 116 S. Ct. 1589, 134 L. Ed. 2d 809 (1996) When I was first looking through the list of cases, the letters BMW stood out to me. The reason for this is because I am person who’s always been into luxury high class vehicles and never in my mind did I believe BMW had a case with a buyer. This is when I immediately knew I had to
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