well. Although a broad variety of characters of liabilities owned by partners, those specific characters related to the case. In the term of PA s7 states “Partnership is the relation which subsists between persons carrying on a business in common with a view of profit”. The most important characteristic of partnership is not to be recognised as a separate legal individual. Moreover, the partnership should be treated as a whole, that is, none of the partners should be separated from the whole entities
(2) An award on agreed terms shall be made in accordance with the provisions of article 31 and shall state that it is an award. Such an award has the same status and effect as any other award on the merits of the case.” The arbitral tribunal may be told of the settlement by one of the parties alone, especially if the settlement has been recorded in a contract. Upon learning of the settlement, and being convinced that it had really taken place, the arbitral tribunal is called upon to terminate
during Dave’s lunch break, while he was using the company vehicle to transport him on a strictly personal errand; well out of the way of that day's assigned route. Certainly, Empire Courier Services never authorizes employees to punch people. The legal term for this kind of use of the company car by Dave is called; frolic, which is descriptive of when an employee takes action on their own, not at the direction of an employer (“An Employer's Liability,” n.d.). Victor will have a very difficult case
The case law report the author has been given is Declan o Brien v personal injuries assessment board in this review the author will attempt to set out the facts, legal arguments, ratio decidendi and obiter dicta of the case. The facts of the case are the applicant in august 2004 asked his solicitor to begin proceedings against his employer due to a work-place injury. The applicant signed over authority to his solicitor so his solicitor could act on his behalf and deal with the matter. This did not
PART ONE Outline the issue you have chosen. The issue I have decided to analyse is that concerning the implications of bail and remand. Bail is an option a court must confront when temporarily releasing an accused individual until their expected appearance at an appointed time, before the determination of innocence or guilt is concluded. Several guarantees that secure the person’s appearance at an appointed time include a guarantor, bond assurance paid by a surety holder, summons or court attendance
Case Name, Citation, and Court: Harris v. Forklift Systems, Inc., 510 U.S. 17, 114 S.Ct 367, 126 L.Ed.2d 295 (1993) United States Supreme Court Summary of the Key Facts: The petitioner Harris suede Forklift Systems, Inc and claiming the conduct of sexual harassment from the Forklift's president which create " abusive work environment." Ms. Harris believe which was the violation of Title VII of the Civil Right Act of 1964 because the harassment that she experienced was
Kati v Eastfield Shopping Centre Introduction Kati has suffered loss and damages while her vehicle was under the liability of Eastfield Shopping Centre (ESC). Whether or not Kati can take a legal action for damages is dependent on there already being a contract between her and ESC and for ESC to have breached the contract. If so, then the main issue of concern is whether Kati will still be required to pay the administration fees as well as the repairs to her car. For Kati to be successful, ESC’s
and Crennan JJ, provide insight into the current legal standpoint on the relevant form of intention. Justices Heydon and Crennan found that the intention should be determined by “the words used, not a subjective intention which may have existed but which cannot be extracted from those words.” They went on further to suggest that the “subjective intention is irrelevant both to the question of whether a trust exists and to the question of what its terms are.” Justices Heydon and Crennan made analogy
Law An accountant's common law liability to his client can include: (1) Breach of contract (2) Negligence (3) Fraud Breach of contract is the failure, without legal excuse, of an account to perform the obligation of the contract between the client and the accountant. The accountant owes a duty to his client to honor the terms of the contract that they entered into. If the contract is breached the accountant can be held liable for expenses incurred by the client in finding and hiring another
had received injuries. It was argued that the victim’s mental state was altered by fear and panic due to the appellant’s actions towards him. This led the victim to jump out of the window and receive a fractured wrist and a dislocated hipbone. The legal issue that we need to find in this case is if there was assault occasioning actual bodily harm and whether the mental state effects actual bodily harm. The judge in court convicted the appellant of assault occasioning actual bodily harm. In the appeal
The following arguments will be used by Greene’s Jewelry against the defendant; violation of None Disclosure Agreement (NDA) in both Federal and State laws and the countersuit for wrongful termination. Greene’s has the original signed NDA by the defendant, which can be used as evidence. This signed NDA can illustrate the defendant has violated the legally binding agreement she had agreed to while employed under Greene’s jewelry. Howell Jewelry is Greene’s competitor; their intention for hiring the
Are the elements of embezzlement present in this fact pattern? First off in “Moore v. United States, 160 U.S. 268, 269 (1895), the Supreme Court defined embezzlement in the following terms, Embezzlement is the fraudulent appropriation of property by a person to whom such property has been entrusted, or into whose hands it has lawfully come. It differs from larceny in the fact that the original taking was lawful, or with the consent of
in internal and international trade. The purpose of a bank guarantee is to secure all obligations of the contractor under a contract in such a way that it ensures that the owner is compensated in case of non performance without the need of prior legal actions. In lieu of cash deposits it has become a worldwide common practice to accept bank guarantee. The bank guarantees are preferred to other categories of guarantees due to the financial credibility enjoyed by the banking companies in the relevant
dismissal was effected in accordance with a fair procedure. Persons or Employers considering whether or not the reason for dismissal is of fair reason is in accordance with fair procedure must take into account any relevant Code of Good Practice issued in terms of Schedule 8 of the Act – as discussed here-in: Substantive Fairness There are 3 types of FAIR REASON for Substantively Fair Dismissal: a. Misconduct Example: an employee intentionally or carelessly breaks a rule at the workplace, e.g. steals company
On September 12, 2014, Denise Rockett filed a complaint against Eugene Nigro, Esq. Nigro was reportedly negligent when handling legal matters in her late husband’s estate. Specifically, the complainant alleges that Denise, as Executrix of her late husband’s estate, was intentionally excluded from major decisions, not properly compensated, and deprived of control over their properties. Nigro allegedly breached his fiduciary obligation and violated Mass.R.Prof.C. 1.4(b), 1.7(b), and 8.4(c). FACTS
kills a patient as reckless whereas a player of 'Russian Roulette' would certainly be so, despite the odds of 6-1 against, since that is an action of no social value whatsoever. At this point, I am using the terms, 'reckless' and grossly negligent' as synonymous but the former term has had an uncertain history. It can be regarded as simply 'gross negligence' involving a major deviation from the standards of the reasonable man, not a state of mind at all. Alternatively it can be limited to
Denise and Sally may be liable to a range of different crimes. Denise’s liability may include, Assault, Robbery, and Grievous Bodily Harm (GBH). Sally may also liable to some of these offences, as she was an accomplice in many circumstances. There are a few defences that may be available to Denise and including self-defence and duress by threats to absolve her criminal liability. 1. ROBBERY Firstly, I will address the issue of Denise’s criminal liability to robbery. Robbery is a “species of
by a Non-Owner'. Sections 21-26 of the Sale of Goods Act 1979 deal with the transfer of title. The general rule is that a person cannot give a better title than he himself possesses when he purports to sell goods. This is nest expressed by the legal maxim 'Nemo dat quod non habet' - no one gives who possesses not, that is to say, no person can give a greater title than that which they possess. Section 21(1) provides: 'subject to this Act, when goods are sold by a person who is not their
When it comes to estate planning, one of the many questions is whether or not probate is an ideal option. Most of the time, it is better for your beneficiaries to avoid probate. Why would you want to avoid probate? Through the probate process you have no immediate access to cash in order to pay bills, debts, or taxes - you would be left paying for it all out of pocket. Also, a probate judge could get in the way and slow down the process which is already pretty lengthy, as well as the fees that are
1. Who were the parties to the lawsuit? How were they related? The parties in this lawsuit were: Artemio Rivera, Albert Karwowski, (plaintiffs) and Trump Plaza Hotel & Casino, A New Jersey Corporation (defendant) (RIVERA V. TRUMP PLAZA HOTEL CASINO). Both plaintiffs, Artemio and Albert were employees of Trump Plaza Hotel & Casino. RIVERA v. TRUMP PLAZA HOTEL CASINO, 305 N.J. Super. 596, 599 (N.J. Super. App. Div. 1997) 2. What was the nature of the issue in the suit? Both plaintiffs have been