Commercial Code (UCC) which is a comprehensive statutory scheme that includes laws that 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
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to suffer an economic loss and/or the perpetrator to realize 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
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Dewey Balzhiser 8/8/2011 Course: Law, Ethnics, and Corp Governance. 1. 1. Explain whether Jake’s actions are in or out of “his scope of employment.” 2. Scope of employment is the activities of an employee that are in futhermore of duties that are owed to an employer an where the employer is, could be, excising some control, directly or indirectly, over the activities of the employee (Law Dictionary
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Precedent evolves from a. state and federal constitutions b. state and federal statutes c. the common law d. a combination of both state and federal statutes and common law Objective: Define the functions of law in society. 2. Once stare decisis and case precedent is established, a. it may be disregarded and overturned by a court if they deem such action appropriate b. it may not be disregarded by a court but may be overturned by state statute c. it may not be disregarded by a court
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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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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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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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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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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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