Sidway II * Forbearance from a legal right (drinking, smoking, pressing charges) can be consideration because it counts as the detriment element of consideration * Consideration to enforce a K “consists of a right/profit/benefit accursing to the one party, or some forbearance/detriment/cost by the other party” * The benefit elements does not have to be pecuniary * Consideration as Bargain 33–48 * Baehr v. Penn-O-Tex Oil Corporation * Consideration must
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M UM B A I S I L I C O N VA L L E Y BANGALORE S I NG A P ORE M UM BA I -BK C NEW DELH I M UNI CH Intellectual Property Law in India December 2013 © Copyright 2013 Nishith Desai Associates www.nishithdesai.com Intellectual Property Law in India About NDA Nishith Desai Associates (NDA) is a research based international law firm with offices in Mumbai, Bangalore, Silicon Valley, Singapore, New Delhi, Munich. We specialize in strategic legal, regulatory and tax advice
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Q. What is a general offer? How is a contract created through general offer? Refer to leading cases. An offer may be made to the world at large. Such an offer is a general offer. However, a contract is not done with the whole world but only with the person who comes forward and accepts the offer. The acceptance might be express or implied. As per Anson, "An offer need not be made to an asertained person, but no contract can arise until it is accepted by an ascertained person". Case of Carllil vs
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person to whom the proposal is made signifies his assent thereto, the proposal is said to be accepted. A proposal when accepted, becomes a promise.” From the above definition of promise, it is obvious that an agreement is an accepted proposal. The two elements of an agreement are: (i) offer or a proposal; and
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Race Discrimination Chapter Outline * Opening Scenarios * Statutory Basis * Surprised? * Background * General Considerations * Recognizing Race Discrimination * Racial Harassment * A Word about Color * The Reconstruction Civil Rights Acts * 42 U.S.C. Section 1981 * 42 U.S.C. Section 1983 * 42 U.S.C. Section 1985 * Management Tips * Summary * Chapter-End Questions Opening Scenarios SCENARIO 1 An employer has
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of an act, or not doing of an act. When a debtor pays damages or penalty in lieu of the fulfillment of an obligation (see Art. 1226.), there is also payment in the sense used in Article 1232. In law, payment and performance are synonymous. Elements of payment. Matters relative to ordinary or common payment, without regard to form, are distinguished
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essentially consists of two distinct parts. First, there must be an agreement. Secondly, such an agreement must be enforceable by law. To be enforceable, an agreement must be coupled with an obligation. A contract therefore, is a combination of the two elements: (1) an agreement and (2) an obligation. Thus Contract = Agreement +enforcement at law. Agreement As per Section 2(e) of the Indian Contract Act “every promise and every set of promises, forming the consideration for each other, is an
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MEANING, CHARACTERISTICS AND TYPES OF A COMPANY INTRODUCTION Industrial has revolution led to the emergence of large scale business organizations. These organization require big investments and the risk involved is very high. Limited resources and unlimited liability of partners are two important limitations of partnerships of partnerships in undertaking big business. Joint Stock Company form of business organization has become extremely popular as it provides a solution to overcome the limitations
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Table of Contents I.) INTRODUCTORY PRINCIPLES 2 A.) Efficiency and Other Concepts 2 B.) Agency and Partnership Law 2 II.) INTRODUCTION TO THE CORPORATE FORM 16 A.) Formation and Structure 16 B.) Debt, Equity, and Valuation 22 III.) CONTROL OF CORPORATE DECISIONS 32 A.) The Role of the Shareholder 32 B.) Management Obligations 50 1.) Duty of Care 51 2.) Duty of Loyalty 56 3.) Duty of Fairness: Parent-Subsidiary Relationships 63 4.) Duty of Good Faith 64 5.) Management Obligations
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LESSON : 1 MEANING, CHARACTERISTICS AND TYPES OF A COMPANY STRUCTURE 1.0 1.1 1.2 1.3 1.4 1.5 1.6 1.7 1.8 1.9 1.0 Objective Introduction Meaning of Company Characteristics of a Company Distinction between Company and Partnership Types of Company Summary Keywords Self Assessment Questions Suggested Readings OBJECTIVE After reading this lesson, you should be able to: (a) (b) (c) 1.1 Define a company and explain its features. Make a distribution between company and partnership firm. Explain the various
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