cover aspects of commercial transactions. Elements of a Contract: 1. Agreement – between parties, requires an offer and an acceptance, and mutual assent. 2. Consideration – EX: money, personal or real property, provision of services. 3. Contractual Capacity – have to have the ability to enter into the contract – have to be sane. 4. Lawful Object – can’t be an illegal contract, or involve illegal duties/sutf. Two defenses may be raised to the enforcement of contracts: 1
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a gain. A simple working definition of fraud is theft by deception. Legal Elements of Fraud Under common law, fraud includes four essential elements: 1. A material false statement 2. Knowledge that the statement was false when it was spoken 3. Reliance on the false statement by the victim 4. Damages resulting from the victim’s reliance on the false statement In the broadest sense, fraud can encompass any crime for gain that uses deception as its principal technique. This deception is implemented
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effect on human life. The paper also adjudicates the same on the basis of legal dictions given on the same in famous precedents like M.C.Mehta case, Bhopal Gas Tragedy and the recent developments in the sphere through formulation of National Green Tribunal, Western Ghaats Environment and Ecology Panel. It also discuses India’s stand in the Global scenario in recognizing right to safe environment as the basic human rights through treaties and
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employment refers to anything a person does in the ordinary course of doing his or her job (Scope of Employment 2008). Jake feel that since he is a certified profession it is his care of duty to perform a full inspection on all the car he services. In tort law, a duty of care is a legal obligation imposed on an individual requiring that they adhere to a standard of reasonable care while performing any acts that could foreseeably harm others (Duty to Care 2007) . Jake may lose his certification if he
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Abstract An agency relationship exists by common consent and specifies duties and responsibilities on both sides. NewCorp and its employees have an agency relationship, which NewCorp is the principal and the employees are the agents. NewCorp currently faces three encounters. In lieu of obtaining legal advice, NewCorp has requested Team C to make the following assessments regarding the legal risks and opportunities involved in these three legal encounters. The assessments will include the liabilities
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Case Study on tort of Defamation (Relevant to AAT Examination Paper 6: Fundamentals of Business Law) Alfred Chan, Solicitor There has been an increase in the number of defamation cases which have gone to court. In the two scenarios cases that follow, both of which are taken from recent court cases, we can see examples of legal issues in defamation and how one can approach them. Hopefully this will improve your technique in answering problem-solving type questions. First to refresh your memory, in
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McGill Law Journal ~ Revue de droit de McGill JUSTIFYING FIDUCIARY DUTIES Paul B. Miller* Fiduciary duties are critical to the integrity of a remarkable variety of relationships, including those between trustee and beneficiary, director and corporation, agent and principal, lawyer and client, doctor and patient, parent and child, and guardian and ward. Notwithstanding their variety, all fiduciary relationships are presumed to enjoy common characteristics and to attract a core set of demanding
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elements of the offence and establish whether there is a realistic prospect of conviction according to the evidential test. Secondly, it will evaluate whether the prosecution would be in the public interest. If both these elements are satisfied then the case will proceed to court. The offence of Corporate Manslaughter is governed by Corporate Manslaughter and Corporate Homicide Act 2007. This was introduced due to various problems with the previous law on corporate liability.
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the TCO A ethical strategies include as a first question the following: Is the behavior illegal? A "yes" answer will (usually) lead you to decide automatically that the behavior is unethical, unless the law itself is unethical (as is sometimes the case). Therefore, as we learn what is and isn't legal, we will want to utilize that information in solving ethical dilemmas. When we move our businesses overseas or to Mexico or
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University Aug 6, 2011 1. Explain whether Jake’s actions are in or out of “his scope of employment.” 2. Explain whether or not Herman is responsible for Jake’s injury. 3. Explain whether or not Jake should be paid the overtime. 4. Explain the rights Jake and Herman have individually in this scenario Table of Content Jake’s scope of employment……………………………..........................Page 4 Is Herman responsible for Jake’s injury?………...................................Page 6
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