Premium Essay

Biz Law Exemption Clause

In: Business and Management

Submitted By salmonbelley
Words 4699
Pages 19
Contents Page

1 First Scenario ------------------------------------------------------------------------------------ 3

1.1 Was there a Contract Formed? 1.2.1 Existence of Offer 1.2.2 Existence of Acceptance 1.2.3 Existence of Consideration 1.2.4 Existence of Intention to be legally bound 1.2 Terms v Representation 1.3 Condition v Warranty 1.4 Remedies for Breach of Condition 1.5 Exemption Clause 1.6.5 Incorporation by Signature 1.6.6 Incorporation by Notice 1.6.7 Construction 1.6.8 Unfair Contract Terms Act 1.6.9.1 Reasonableness 1.6.9.2 Hire-Purchase Act 1.6.9.3 Misrepresentation Act 1.6.9 Legal Advice 1.6 Misrepresentation 1.7.10 Materiality Test 1.7.11 Actual Inducement Test 1.7.12 Types of Misrepresentation * Fraudulent Misrepresentation * Negligent Misrepresentation * Innocent Misrepresentation 1.7.13 Remedies for Negligent Misrepresentation 1.7.14 Legal Advice

1 Second Scenario ----------------------------------------------------------------------------- 14

2.7 Fraudulent Misrepresentation 2.8 Remedies for Fraudulent Misrepresentation 2.9 Legal Advice
1 First Scenario

In order to address if Will is legally bound to purchase the art piece from grace or whether he can sue grace for breach of contract, we must first ascertain if there is a contract being made between the two parties.

1.1 Was there a contract formed?

There are four requirements that have to be satisfied in order for a legally binding contract to be formed that are stated below:

1) Offer 2) Acceptance 3) Consideration 4) Intention to create legal relations

Similar Documents

Premium Essay

Mg 260

...| The Internet Sales Tax | Sales Tax Headaches | | [Type the author name] | Park University | MG 260 | Internet Sales Tax I. Lure of the No Tax Sale A. Supreme Court Ruling a. Quill v. North Dakota B. Sales and Use Tax 1. Declining Revenue a. Internet Sales b. Purchasing shift taxable goods v. services 2. Congress Failure to Act a. Three serious impacts b. States React independently II. States Actions A. Click through Nexus Laws 1. Illinois Example a. $153- $170 Million lost revenue per year (1) Main Street Fairness Act (2) Amazon & Overstock Pull Affiliates (3) Affiliates Flee Illinois 2. Illinois Court Ruling a. Law fails Muster III. States Band Together A. Streamlined Sales Tax Project a. Streamlined Sales and Use Tax Agreement 1. 44 States and DC 2. Impact large online and catalogue retailers IV. Congress Proposes Legislation A. Main Street Fairness Act B. Market Place Fairness Act C. Market Place Equity Act V. Closing A. Legislation or Review by the Supreme Court The lure of the no tax sale “The internet has emerged as an extremely important channel of commerce in our nation for this reason; we must be vigilant in keeping this medium as unencumbered from regulations and taxes...

Words: 3013 - Pages: 13

Premium Essay

Startups You Need to Know

...What You Need To Know About NDA Nishith Desai Associates (NDA) is a research based international law firm with offices in Mumbai, Bangalore, Silicon Valley, Singapore, New Delhi, Munich & New York. We specialize in strategic legal, regulatory and tax advice coupled with industry expertise in an integrated manner. We focus on niche areas in which we provide significant value and are invariably involved in select highly complex, innovative transactions. Our key clients include marquee repeat Fortune 500 clientele. Our practice areas include Mergers & Acquisitions, Private Equity Investments, Corporate & Securities Law, Competition Law, JVs & Restructuring, International Tax, International Tax Litigation, Litigation & Dispute Resolution, Fund Formation, Capital Markets, Employment and HR, Intellectual Property, International Commercial Law and Private Client. Our specialized industry niches include funds, financial services, insurance, IT and telecom, pharma and healthcare, media and entertainment, real estate and infrastructure & education. Nishith Desai Associates has been ranked as the Most Innovative Indian Law Firm (2014 & 2015) at the Innovative Lawyers Asia-Pacific Awards by the Financial Times - RSG Consulting. Nishith Desai Associates has been awarded for “M&A Deal of the year”, “Best Dispute Management lawyer”, “Best Use of Innovation and Technology in a law firm” and “Best Dispute Management Firm”, by IDEX Legal 2015 in association with three legal charities;...

Words: 22451 - Pages: 90

Premium Essay

Robins & Robins Sues Casings, Inc.,

...This week's graded topics relate to the following Terminal Course Objectives (TCOs): A | Given an organizational requirement to conform business practices to both the law and best ethical practices, apply appropriate ethical theories to shape a business decision. | I | Given specified circumstances of a business decision to expand to international markets, determine what international legal requirements or regulatory controls apply. | Topics for This Week's Discussion * Introduce yourself to your professor and the rest of the class. (not graded) * Thread over TCO A/I (graded) * Ethics and Patent Rights Post 9/11 (graded) * Q & A Forum for your questions and comments (not graded) | | There is a drop down arrow next to the "Select a Topic" box.  Click on this arrow to select topics for discussion. | ------------------------------------------------- Top of Form Select a Topic:       Bottom of Form The World Bank Situation (graded) | Class, please read Chapter 2, problem 5 from the Jennings text, p. 72. This week, we will discuss the Wolfowitz situation at the World Bank. Consider the questions at the end of the problem as you make comments in the threads this week. What are the ethics here? Was Wolfowitz trying to do the right thing? Does that make a difference ethically? Throughout the week, I will bring in further questions. Be sure to read the lecture and the international ethics article stated in your reading for the week as well. | ...

Words: 201281 - Pages: 806

Premium Essay

It Computer Science

...Answers to Review Questions Chapter 1: Introduction to a New Career in Law 1.1. Eighty million lawsuits are filed every year. 1.2. The five major players in the development of paralegalism are:  National Federation of Paralegal Associations  National Association of Legal Assistants  American Bar Association  Your state bar association  Your local paralegal association 1.3. CLE is continuing legal education or training in the law, usually short term, received after one’s formal training. 1.4. Meaning of abbreviations: (a) NFPA—National Federation of Paralegal Associations (b) NALA—National Association of Legal Assistants (c) SCOP—American Bar Association Standing Committee on Paralegals (d) NALS—The Association for Legal Professionals (Note: NALS no longer says that its name stands for National Association of Legal Secretaries) (e) AAPI—American Alliance of Paralegals (f) IPMA—International Paralegal Management Association (g) ALA—Association of Legal Administrators 1.5. Web Sites: (a) NFPA: www.paralegals.org (b) NALA: www.nala.org (c) IMPA: www.paralegalmanagement.org 1.6. Certification examinations: (a) NFPA—The PACE exam. It is an advanced exam; paralegal experience is required to take it. (b) NALA—The CLA exam. It is an entry-level exam. No paralegal experience is required to take it. (Note: NALA also has an advanced examination that does require paralegal experience to take it.) 1.7. Fourteen categories of paralegal associations: ...

Words: 22519 - Pages: 91

Premium Essay

Gst Comparison Between Malaysia, Singapore and India

...OVERVIEW Overview of GST GST (good and service tax), other words it also known as VAT (value added tax). It have implemented in many countries throughout the world. Currently there are 170 counties in the world that have implemented GST /VAT. NO REGION No of country 1 ASEAN 7 2 Asia 19 3 Europe 53 4 Oceania 7 5 Africa 44 6 South Africa 11 7 Caribbean, Central and North America 19 Table 1: No of countries implement GST/VAT Sources: Ministry of Finance GST is a multi-stage tax system, this is due to its nature which the tax is collected based on the supply of goods and services at each of the supply chain from the supplier to the retailer stage of the distribution. Even though GST is imposed at every stage of the supply chain, but the tax element will be not become a part of the cost of the product, because the GST paid on the business inputs is claimable as input tax. Where the business will pay the GST as output tax and claim for the input tax from the customs. In addition, it does not matter how many stages where a particular goods and services goes through the supply chain because the input tax incurred at the previous stage is always deductible by the businesses at the next in the supply chain. GST consider as a broad based consumption tax, which includes all sectors of the economy. In Malaysia the GST have been establish in a very clear manner, for example all goods and services made in Malaysia...

Words: 15950 - Pages: 64

Free Essay

As, Ca, Pdf

...ISSUES FOR IIM INTERVIEW  PROCESS © EssaysforIIM.com 2014-15 Issues for IIM PI Process http://www.essaysforIIM.com   Contents  US‐CHINA ENVIRONMENT DEAL  8  OIL PRICE  9  PAYMENT BANKS  11  SHADOW BANKING  13  NBFCs  14  NEW DEFINITION OF FDI  16  REFORMS IN POWER DISTRIBUTION  16  SECURITIES LAWS (AMENDMENT) BILL 2014  18  JUVENILE JUSTICE BILL, 2014  18  HUMAN DEVELOPMENT: INTERNATIONAL COMPARISON  19  INEQUALITY  20  SOCIO‐ECONOMIC PROFILE OF STATES AND INTER‐STATE COMPARISONS  21  ASER 2013: Main Findings  23  SKILL DEVELOPMENT  24  HOW INDIA NEEDS TO FACE CLIMATE CHANGE  24  AGENDA FOR ECONOMIC REFORMS  28  INFRASTRUCTURE  30  WHY LONG‐RUN MATTERS  30  FIVE PRONGED STRATEGY TO CONTROL INFLATION  31  URJIT PATEL COMMITTEE  32  Some Major Issues in India's Merchandise Trade Sector  32  MAKE IN INDIA OPPORTUNITY  34  Make for India or Make in India – The debate begins!  37  VULNERABILITY COMPARISON OF INDIAN ECONOMY  38  PM JAN DHAN YOJANA  39  COOPERATIVE FEDERALISM  40  ZERO DEFECT, ZERO EFFECT  41  DIGITAL INDIA  42  TWO FACTOR IDENTIFICATION ISSUE  43  MINSK AGREEMENT  44  WILFUL DEFAULT  44  © EssaysforIIM.com 2014‐15   Page 1 Issues for IIM PI Process http://www.essaysforIIM.com   ‘MAKE IN INDIA’  ...

Words: 128478 - Pages: 514

Premium Essay

Strategy

...Draft Letter of Offer For Equity Shareholders of the Company Only PANTALOON RETAIL (INDIA) LIMITED (Originally incorporated as Manz Wear Private Limited on October 12, 1987. The Company’s name was changed to Manz Wear Limited on September 20,1991, further to Pantaloon Fashions (India) Limited on September 25, 1992 and to Pantaloon Retail (India) Limited on July 7 1999) Registered and Corporate Office: Pantaloon Knowledge House, Shyam Nagar, Off. Jogeshwari Vikhroli Link Road, Jogeshwari (East), Mumbai 400 060. The Registered Office of the Company was shifted from Venkatesh Bhavan, 4th Floor 86 Mirza Street, Mumbai 400003 to Pantaloon House , G 11 , M.I.D.C. Cross Road A, Andheri East, Mumbai 400 093 ) Tel: (+91 22) 56442200 Fax: (+91 22) 56442201 E-mail: compliance.officer@pantaloon.com Website: www.pantaloon.com Contact Person: Mr. Pradeep Jain For private circulation to the Equity Shareholders of the Company only DRAFT LETTER OF OFFER ISSUE OF 4,481,180 EQUITY SHARES OF Rs. 10 EACH AT A PREMIUM OF RS. 490 PER EQUITY SHARE AGGREGATING RS. 2,240.59 MILLION TO THE EQUITY SHAREHOLDERS ON RIGHTS BASIS IN THE RATIO OF ONE EQUITY SHARE FOR EVERY FIVE EQUITY SHARES HELD ON THE RECORD DATE [•] (“ISSUE”). THE ISSUE PRICE IS 50 TIMES OF THE FACE VALUE OF THE EQUITY SHARE GENERAL RISKS Investments in equity and equity related securities involve a degree of risk and Investors should not invest any funds in this Issue unless they can afford to take the risk of losing their investment...

Words: 96916 - Pages: 388

Premium Essay

Guhij

...Board of Directors (As of March 31, 2011) R N Tata (Chairman) S Ramadorai (Vice Chairman) N Chandrasekaran (CEO & Managing Director) Aman Mehta V Thyagarajan Prof. Clayton M Christensen Dr. Ron Sommer Laura M Cha S Mahalingam (CFO & Executive Director) Phiroz Vandrevala (Executive Director) Dr. Vijay Kelkar Ishaat Hussain Company Secretary Suprakash Mukhopadhyay Statutory Auditors Deloitte Haskins & Sells US GAAP Auditors Deloitte Haskins & Sells Registered Office 9th Floor, Nirmal Building Nariman Point, Mumbai 400 021 Tel : 91 22 6778 9595 Fax : 91 22 6778 9660 Website : www.tcs.com Registrars & Transfer Agents TSR Darashaw Limited 6-10, Haji Moosa Patrawala Industrial Estate 20, Dr. E. Moses Road, Mahalaxmi Mumbai 400 011 Tel : 91 22 6656 8484 Fax : 91 22 6656 8494 E-mail: csg-unit@tsrdarashaw.com Website: www.tsrdarashaw.com 9 Corporate Office TCS House Raveline Street, Fort Mumbai 400 001 Tel : 91 22 6778 9999 Fax : 91 22 6778 9000 E-mail: investor.relations@tcs.com Annual Report 2010-11 Management Team Function Corporate CEO CFO Corporate Affairs Global Human Resources Geography Heads North America Europe APAC Surya Kant A S Lakshminarayanan Girija Pande Vish Iyer Qi Qi Dong Masahiko Kaji Latin America MEA India Functions Marketing Corporate Communication R&D Human Resources John Lenzen Pradipta Bagchi K Ananth Krishnan Ritu Anand Ashok Mukherjee K Ganesan Thomas Simon S Narasimhan Legal Finance Satya Hegde B Sanyal V Ramakrishnan Pauroos...

Words: 64917 - Pages: 260

Free Essay

The Case of the Unidentified Company

...Invest. Innovate. Inspire. For a new India. ANNUAL REPORT 2014-15 India is at the threshold of a new era of growth and opportunity. This is driven by increasing economic activity, ongoing ‘Make in India’ initiatives and a demographically well-placed, aspirational society. Reliance Industries Limited (RIL) continues to be a partner in India’s ongoing journey towards economic and social well-being, and remains committed to investing in and innovating for India. RIL is striving to meet and exceed global benchmarks in product quality and customer service with inspiring ideas and strategic investments. From the manufacturing landscape to high-growth consumer service sectors, RIL is achieving superior outcomes that facilitate India’s drive for global leadership. RIL is delivering industry-leading performance through consistent efficiency in operations and prudent configuration of assets. RIL is making sizable capital investments, focusing on technology and expanding its level of services from the hydrocarbons sector to consumer businesses. RIL innovates for existing businesses and also focuses on developing new business models to deliver g g g y significant value for its growing stakeholder fraternity. In this effort, it collaborates with o s with leading global institutions to help usher in a n era of possibilities. global new is growing o RIL’s focus is to continue growing as a respons responsible organisation, thereby e inspiring progress in...

Words: 182744 - Pages: 731

Premium Essay

How to Write a Bussiness Plan

...NOLO 10TH EDITION ® “ An essential book to help entrepreneurs.” DALLAS MORNING NEWS How to Write a O RM D S ON C Business Plan THE LEADING BUSINESS PLAN BOOK FOR • Write a winning proposal • Prepare cash flow and profit & loss forecasts • Get backers to invest 25 YEARS Mike McKeever Free Legal Updates at Nolo.com R OM - AL L L F F e Story Dear friends, Founded in 1971, and based in an old clock factory in Berkeley, California, Nolo has always strived to offer clear legal information and solutions. Today we are proud to offer a full range of plain-English law books, legal forms, software and an award-winning website. Everything we publish is relentlessly researched and tested by a dedicated group of in-house legal editors, who together have more than 150 years’ experience. And when legal changes occur after publication, we promptly post free updates at Nolo.com. Tens of millions of Americans have looked to Nolo to help solve their legal and business problems. We work every day to be worthy of this trust. Ralph Warner Nolo co-founder Emma Cofod Products Books & Software & Services Get in-depth information. Nolo publishes hundreds of great books and software programs for consumers and business owners. ey’re all available in print or as downloads at Nolo.com. Legal Encyclopedia Free at Nolo.com. Here are more than 1,400 free articles and answers to common questions about everyday legal issues including wills...

Words: 94141 - Pages: 377

Premium Essay

Ethics

...ETHICS IN INFORMATION TECHNOLOGY Third Edition This page intentionally left blank ETHICS IN INFORMATION TECHNOLOGY Third Edition George W. Reynolds Australia • Brazil • Japan • Korea • Mexico • Singapore • Spain • United Kingdom • United States Ethics in Information Technology, Third Edition by George W. Reynolds VP/Editorial Director: Jack Calhoun Publisher: Joe Sabatino Senior Acquisitions Editor: Charles McCormick Jr. Senior Product Manager: Kate Hennessy Mason Development Editor: Mary Pat Shaffer Editorial Assistant: Nora Heink Marketing Manager: Bryant Chrzan Marketing Coordinator: Suellen Ruttkay Content Product Manager: Jennifer Feltri Senior Art Director: Stacy Jenkins Shirley Cover Designer: Itzhack Shelomi Cover Image: iStock Images Technology Project Manager: Chris Valentine Manufacturing Coordinator: Julio Esperas Copyeditor: Green Pen Quality Assurance Proofreader: Suzanne Huizenga Indexer: Alexandra Nickerson Composition: Pre-Press PMG © 2010 Course Technology, Cengage Learning ALL RIGHTS RESERVED. No part of this work covered by the copyright herein may be reproduced, transmitted, stored or used in any form or by any means graphic, electronic, or mechanical, including but not limited to photocopying, recording, scanning, digitizing, taping, Web distribution, information networks, or information storage and retrieval systems, except as permitted under Section 107 or 108 of the 1976 United States Copyright Act, without the prior written permission...

Words: 204343 - Pages: 818

Free Essay

Chinese Market for Clothing

...THE CHINESE MARKET FOR CLOTHING THE CHINESE MARKET FOR CLOTHING Abstract for trade information services ID=42692 International Trade Centre (ITC) The Chinese Market for Clothing. Geneva: ITC, 2012. xi, 92 p. (Technical Paper) Doc. No. SC-11-212.E Survey on Chinese market for clothing - describes the structure and characteristics of the domestic Chinese market for clothing; provides an analysis of the tariff structure of imports by product group; outlines special import regulations, customs procedures, transport, as well as requirements relevant to packaging, labelling, standards, and ethical trading; examines the market potential, the consumer preferences and behaviour; provides an overview of the distribution channels, the major brands, the procurement practices including the use of e-commerce and ICT procurement; highlights the key players in China's textiles and garment market, the possibilities for cooperation along the value chain, and the existing national support schemes; appendices include contacts details of sector related companies in China. Descriptors: Clothing, Standards, Packaging, Distribution, Procurement, Electronic Commerce, Consumer Behaviour, Market Surveys, China. For further information on this technical paper, contact Mr Matthias Knappe, (knappe@intracen.org) 2011 SITC-84 CHI English The International Trade Centre (ITC) is the joint agency of the World Trade Organization and the United Nations. ITC, Palais des Nations, 1211 Geneva 10, Switzerland...

Words: 35061 - Pages: 141

Free Essay

Vssgdshe

...THE CHINESE MARKET FOR CLOTHING THE CHINESE MARKET FOR CLOTHING Abstract for trade information services ID=42692 International Trade Centre (ITC) The Chinese Market for Clothing. Geneva: ITC, 2012. xi, 92 p. (Technical Paper) Doc. No. SC-11-212.E Survey on Chinese market for clothing - describes the structure and characteristics of the domestic Chinese market for clothing; provides an analysis of the tariff structure of imports by product group; outlines special import regulations, customs procedures, transport, as well as requirements relevant to packaging, labelling, standards, and ethical trading; examines the market potential, the consumer preferences and behaviour; provides an overview of the distribution channels, the major brands, the procurement practices including the use of e-commerce and ICT procurement; highlights the key players in China's textiles and garment market, the possibilities for cooperation along the value chain, and the existing national support schemes; appendices include contacts details of sector related companies in China. Descriptors: Clothing, Standards, Packaging, Distribution, Procurement, Electronic Commerce, Consumer Behaviour, Market Surveys, China. For further information on this technical paper, contact Mr Matthias Knappe, (knappe@intracen.org) 2011 SITC-84 CHI English The International Trade Centre (ITC) is the joint agency of the World Trade Organization and the United Nations. ITC, Palais des Nations, 1211 Geneva 10, Switzerland...

Words: 35061 - Pages: 141

Free Essay

World Bank Report - Business Transparency

...and Development / The World Bank 1818 H Street NW Washington, DC 20433 Telephone 202-473-1000 Internet www.worldbank.org All rights reserved. 1 2 3 4 08 07 06 05 A copublication of The World Bank and the International Finance Corporation. This volume is a product of the staff of the World Bank Group. The findings, interpretations and conclusions expressed in this volume do not necessarily reflect the views of the Executive Directors of The World Bank or the governments they represent. The World Bank does not guarantee the accuracy of the data included in this work. Rights and Permissions The material in this publication is copyrighted. Copying and/or transmitting portions or all of this work without permission may be a violation of applicable law. The World Bank encourages dissemination of its work and will normally grant permission to reproduce portions of the work promptly. For permission to photocopy or reprint any part of this work, please send a request with complete information to the Copyright Clearance Center, Inc., 222 Rosewood Drive, Danvers, MA 01923, USA; telephone: 978-750-8400; fax: 978-750-4470; Internet: www.copyright.com. All other queries on rights and licenses, including subsidiary rights, should be addressed to the Office of the Publisher, The World Bank, 1818 H Street NW, Washington, DC 20433, USA; fax: 202-5222422; e-mail: pubrights@worldbank.org. Additional copies of Doing Business 2012: Doing Business in a More Transparent World, Doing Business 2011: Making...

Words: 173471 - Pages: 694

Premium Essay

Transsctions and Economics

...Transactions and Strategies Economics for Management This page intentionally left blank Transactions and Strategies Economics for Management ROBERT J. MICHAELS Mihaylo College of Business and Economics California State University, Fullerton Australia • Brazil • Japan • Korea • Mexico • Singapore • Spain • United Kingdom • United States Transactions and Strategies: Economics for Management Robert J. Michaels Vice President of Editorial, Business: Jack W. Calhoun Publisher: Joe Sabatino Sr. Acquisitions Editor: Steve Scoble Supervising Developmental Editor: Jennifer Thomas Editorial Assistant: Lena Mortis Sr. Marketing Manager: John Carey Marketing Coordinator: Suellen Ruttkay Marketing Specialist: Betty Jung Content Project Manager: Cliff Kallemeyn Media Editor: Deepak Kumar Sr. Art Director: Michelle Kunkler Frontlist Buyer, Manufacturing: Sandee Milewski Internal Designer: Juli Cook/ Plan-It-Publishing, Inc. Cover Designer: Rose Alcorn Cover Image: © Justin Guariglia/Corbis © 2011 South-Western, Cengage Learning ALL RIGHTS RESERVED. No part of this work covered by the copyright hereon may be reproduced or used in any form or by any means— graphic, electronic, or mechanical, including photocopying, recording, taping, Web distribution, information storage and retrieval systems, or in any other manner—except as may be permitted by the license terms herein. For product information and technology assistance, contact us at Cengage Learning Customer & Sales Support...

Words: 234748 - Pages: 939