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case study business law
case study business law
case study business law
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Legal Case Study Tom agrees to give Ellen private tuition for her Law of Contract examination to held in eight months time. The fee is £300, of which Ellen pays £25, with the balance to be paid on completion of the tuition. Tom spends £50 in the preparation of some printed tuition notes. After two months Tom goes to Spain for a week long holidays at Christmas. Whilst on the holiday he is arrested, having been mistaken for Tim, and detained for two months. On his return he discovers that Ellen has engaged another tutor and is demanding the return of her £25. Tom sues for the balances of the £275. Discuss. How would your answer differ, if at all, if Tom had been detained for careless driving? SUGGESTED ANSWER : In advising Tom it has to be determined whether the contract between Tom and Ellen has been frustrated. And if so what are their right and liabilities. Frustration occurs when without default of either party to the contract, the contractual obligation has became incapable of being performed Amalgamated Investment v John Walker. There are 2 test for frustration. By the Implied Term Theory test there is an implied term in every contract that if the contract is incapable of being performance without default of either party the contract is discharged, B Blackburn J in Taylor v Caldwell. The theory has been substantially replaced by the radical change in obligation test by Lord Radcliffe in Davies v Fareham UDC. Fr... ... middle of paper ... ... Shea The mode of calculating “valuable benefit” under S1(3) was stated by Robert Golf in BP Explorations v Hunt. First the benefit conferred by Tom would be the knowledge that he had imported to Ellen during the two months. Secondly what is the effect of frustration on the benefit ie the value of the benefit now after frustration. Here although the contract is frustrated the knowledge that Ellen had acquired has not been destroyed. Thirdly the court must assess a “just sum” as Robert Goff said the Act is surprisingly silent but the court may take into account the contract sum. Which here is ₤300 Finally the party conferring the benefit will either receive sum representing the value of benefit or a just sum, whichever is lower. Therefore Tom may claim for either 2 or 3 above whichever is lesser.
Nearly every aspect of law enforcement has a court decision that governs criteria. Most court rulings are the result of civil lawsuit towards a police officer and agency. However, currently, there is no law that mandates law enforcement driver training. When it comes to firearms, negligence by officers has resulted in a multitude of court rulings. Popow v. City of Margate, 1979, is a particularly interesting case that outlines failed firearms training by an agency. In this case, an officer chasing a suspect during a foot pursuit fired at the suspect, striking and killing an innocent bystander (Justia.com, 2017). The court ruled that the agency was “grossly negligent” of “failure to train” (Justia.com, 2017). As a result, nearly every agency requires annual firearms training and has written policy concerning the same. Officers must show proficiency in firearms use every year to maintain their certification. Many states even impose fines on officers for
When discussing the concept of contract law, there exist two bodies of legal rules that may apply to the contract. These bodies are the common law of contracts and Article 2 of the Uniform Commercial Code or the UCC. The common law of contracts is court made and is constantly changing, but the UCC is required in every state within the U.S.A. It is important to know which one to use and when, as well as what the differences between them are.
One-L, by Scott Turow, outlines the experience of attending Harvard Law School as a first year law-student. Turow weaves his experiences with those around him, and intertwines the professors of Harvard law, as well as their lectures. Initially, Turow enters Harvard law in a bit of disarray and awe. As a world of hornbooks, treatises, law-reviews, group studies, and legal terminology unfold beyond comprehension; Turow is confronted with the task of maintaining sanity. Time appears to be the most important variable, as Turow begins to study for contracts, torts, property, civil procedure, and criminal law; because time is so precious, one key-highlight for law-students is to balance family. Moreover, Turow is part of section-1, and two of his
In this essay, I will be examining how the court system can fail to deliver justice for particular cases and people’s circumstances, as well as looking at alternatives to court, like circle sentencing, restorative sentencing and alternatives for children to the formal court system, as outlined in the Young Offenders Act 1997 (NSW). Crime is defined in the Oxford Dictionary as an action or omission which constitutes an offence and is punishable by law. On the other side of this is justice; the quality of being fair and reasonable.
The entire criminal justice system can be very frightening and even intimidating if someone fails to understand the meaning of terms used, procedures, laws, and rules (Cook, 2009). Criminal law is among the terms that have been defined differently by various sources. It is mainly concerned with a system of legal rules defining actions that are classified as crimes and the manner of which the government prosecutes people who commit crimes (Snyman, 2014). According to the chapter, some sources use it in a way that is very general that describes it as the entire spectrum of laws that deal with the criminal justice system while others use shorthand ways which terms it as substantive criminal law, which is very true.
I was initially inclined to address the evidential issue of suspect identification, encapsulated in the Turnbull principles as Chrissie caught only a ‘brief glimpse’ of the attackers face. However, instructing solicitors have advised that presently, this is not germane.
McOskar Enterprises, Inc. owns and manages a health and fitness center identified as “Curves for Women”. Tammey J. Anderson, the complainant, joined Curves on April 2, 2003. As part of the joining process Anderson signed a release of liability agreement. This agreement released Curves from any liabilities related to injuries that might be sustained by contributing in any activities or through the use of equipment. The agreement also stated that participants agreed to all risks of death or injury that could occur, Anderson read and signed the agreement of terms with Curves. After completing the liability agreement, Anderson began working out under the observation of a Curves’ trainer using the machines within the facility. During the workout Anderson notified the trainer that she began to feel pain in her neck, shoulder and arm, but finished her workout. She continued to feel the pain when she got home and pursued medical attention. As part of her prescribed medical treatment she was sent for a course a physical therapy. In June 2003 Anderson underwent a cervical discectomy, a procedure used to treat nerve or spinal cord compression. After her procedure Anderson sued Curves, claiming negligent acts during her workout. Anderson v. McOskar Enterprises, Inc., 712 NW 2d 796 (Minn. 2006).
Is the Legal Justice System racially biased or the unequal incarceration rate is a result of crimes committed and not racial bias? A study shows back in 2014 showed that black Americans served time in jail while awaiting trial. But according to “other research suggests that this disparity is often due to the fact that black defendants cannot afford to pay bail”. Which there is an accurate example, due to the fact the majority of the African American population lives in poverty in the United States . Nevertheless, how do you explain black Americans is being given longer sentences than white Americans for the same crimes.
Brenann J in He Kaw The v The Queen (1985) 157 CLR 523 at 569, 570)
Marketing is a system of business activates designed to plan, price, promote and distribute want-satisfying products, services and ideas to customers in order to achieve business objectives. Consumer law protects consumer’s rights in the marketplace as well as fair trading, competition and accurate information. On the other hand, ethical aspects of marketing are about making marketing decisions that are morally right. However, consumer law and ethical aspects of marketing have a lot of advantages and disadvantages in the marketplace, which impacts business 's sales and growth like it happened to: Harvey Norman, Nurofen, apple, etc.
an outdoor fete in aid of a charity. H offered 50 to anyone who would
Law is in place as a basis of a type of rule to govern the behaviour between people, offering a structure for society to ensure the protection of the rights of every individual. The absence of the law in place there would be an absence of order and stability in the society. With the development of a complex legal system, the law is not only rules, but is embedded with an akin of moral concepts in the society. On the other hand, lawyers are professions who ‘exercise their power in court by manipulating the thoughts and opinions of others through the skilful use of language’. I see lawyers as an exponent in upholding justice in society: as to how rights should be respected and protected, how the moral perceptions are ingrained and manifested through law. What aspires me to become a criminal lawyer is my receptivity to the juxtaposed relationship of moral and law. I agree that criminal law aids the establishment of ‘a moral imperative in civilized society’, enhancing the moral development in society through the
The offence Harry would be charged with is William’s murder. The area of Law that this case is concerned with is criminal law (homicide). The two offences that constitute homicide are murder and manslaughter. The classic definition of murder was set by Sir Edward Coke (Institutes of the Laws of England, 1797). Murder is defined by the Law as causing the death of a human being within the Queen’s peace with the intention to kill or cause grievous bodily harm. It comprises of 2 elements. These are the actus reus (guilty act) and the mens rea (intention).
Laws and legal system is important to establish a successful and developed country. Judiciary is the primary institution to give maintenance of law and administration of justice. The judiciary is one of the most important organ of government in Malaysia which its main function is to interpret the law which passed by the legislative. It also playing an important role under constitution to ensure the constitutionalism of the land by the conduct of check and balance which uphold the concept of separation of power and rule of law. The judicial branch have power to check on executive on the ground of validity and constitutionality of law by exercise of judicial review. Article 128 clearly provided the power to the court to strike out any law made by the Parliament or by the Legislature as invalid if they are contradict with the Constitution of the land.
A doctor’s failure to advise and disclose material risks to his patient before surgery is a non-adherence to the standard of care of medical practitioners.