...A conflict occurs in commercial law when the rights of some people are heavier or regarded more important than that of others, principles of commercial law may take a different course. Decisions made by the judges will be in favor of one group that is a disadvantage to the other. In the case, St Albans City and District Council v International Computers Ltd the issue of limitation of liability was brought into question testing the extent that limitation can be granted.” The computer software company was at a loss as the judge summed up saying the loss falls on the computer company and not the citizens. His decision was protective of one party even though the law was not clear on the decision against International Computer Ltd ICL. The company’s software failed and did cost the council a lot, therefore, an argument of breach of contract and the argument that limitation of liability was unreasonable if the Unfair Contract Terms Act 1977 was used. The judge favored the taxpayers saving them from a burden of heavy taxes. Such a case creates a situation of conflict between the principles and the law as there was no clear indication of the software’s stance as a good or service. For example, some transactions may have taken place in circumstances that are not clearly a business and some parties may try to defend themselves with that fact. For example, in the case Stevenson v Rogers,” the defendant tried to argue that his sail of a boat to the plaintiff was not in the course of his...
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...COMMERCIAL LAW Commercial law study is crucial to business career in master of professional accounting and business, and will give a boost to our profession. Commercial law also known as business law is the category of civil law that sometimes involves criminal law which applies the rights, duties and obligations of all legally recognized persons, including business which are engaged in commerce, commodities, trade, and sales and other businesses. Accounting and Finance students can get it useful to study the laws governing financial markets and investments, Today's accountants are important members of the management team, using their huge knowledge of business, their communication techniques and people skills, and their well-developed technical accounting skills to add value to the business through best decision making and support. It is very important, if we want to run a legal and successful business. Even if we start a small business, we still need to know the process of how to get a business started in the first place i-e licensing, certification etc. Once we got our business running, we will need to know how to protect our business from things like lawsuits, creditors and other government agencies which can affect our business. Commercial law study focuses on real life, business-orientated problems. Studying commercial law will give us an array of skills that are valued highly in business. It will develop us analytical & critical thinking skills, improve written...
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...اجتهاد دمعة فلسطين Commercial Law I جـامعة البحرين كلية الحقوق ترجمة مقرر The Commercial Law 512 Law باجتهاد الطالبة دمعة فلسطين تمت الترجمة على أساس شرائح دكتور المقرر وليس على أساس صفحات الكتــاب 1 اجتهاد دمعة فلسطين Commercial Law I فهرس الترجمـــة Subjects Chapter Tow nature of commercial law ------------------------Chapter Three sources of commercial law----------------------Chapter Four natural persons--------------------------------------Chapter Five other natural persons-------------------------------Chapter Six Legal Person---------------------------------------------Chapter Seven Commercial Title-----------------------------------Chapter Eight Commercial Registration--------------------------Chapter Nine Keeping commercial book------------------------Chapter Ten Avoiding Illegal Competition----------------------Part Three The business premises---------------------------------Part Four Commercial Transactions-------------------------------Part Two . Chapter Two Features Of Distinction--------------Part Two . Chapter Three Classes of Commercial-------------Transactions Page Num 3 01 10 33 45 31 10 17 77 33 93 013 004 2 اجتهاد دمعة فلسطين Commercial Law I Chapter Two Nature Of Commercial Law طبيعة القانون التجاري Definition of Commercial Law تعريف القانون التجاري In the absence of any established legal عند غياب أي اصدار قانوني definition of the term “commercial law”, many writers on the subject have put forward...
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...Running head: Commercial Law 1 Commercial Law and How It Presides Over Company Dealings Travis L. Summers Columbia Southern University BBA 3210 Commercial Law 2 Abstract For a lot of businesses moral principles is something to be made clear and administered by higher-ranking management. Consider the point of view for and in opposition to this type of direct oriented arrangement. In today’s the human race it is all too ubiquitous to see additional and supplementary populace ambitious to gain accomplishments at an ever growing velocity. Modern civilization can and without a doubt is tagged as insatiable and inconsiderate, through my general time spent in selling, I have stumbled upon many of these variety of citizens. Commercial Law 3 What exactly is labor laws, cyber laws and ethics associated with the commerce law and why are these laws so important is today’s society? We will discuss this question and determine, why these laws are important to business in the world today. We also will discuss a few significant steps that have been approved over the last decade to look after the workforce of businesses in this country and overseas. After we talk about the above we can discuss who gets the protection and who is not allowed the said protection. Then the discussion will turn to the diversity among a contracted individual and a full time employee. The first act is a law that came about...
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...Tutorial One Part A: The Birth of a Company Alf, Callum, and Gary all go to law school together. One night when cramming for exams, Callum laments out loud that the case reports on Westlaw were insufficient for helping to determine the ratio decidendi and the weight that Law Lords place on them when making their rulings. Gary, a whiz in computer science and algorithms, writes a program that can trace the cases found in a particular judgement and then map how often subsequent courts use those cases in their judgements. In practice, the program provides practitioners and students of the law valuable insight about the most relevant cases to discuss when making submissions to the court. Alf, who took economics and accounting as his first degree, draws up a business plan to help get the project off the ground. Callum becomes the front-man for soliciting sales of the app and begins travelling the country promoting it, which is now branded as the “Law Street Journal” to practitioners and legal academics. Callum enters into service level agreements with the University of Strathclyde and several high profile law firms to deliver and support the increasingly popular app at subscription prices of £5000 per annum. Alf begins to solicit investors and opens a bank account to put the money raised to help fund the development of the business. Unknown to Alf and Callum, Gary develops a computer program that scans all Westlaw judgements illegally mining data from their massive database of case...
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...provided it can be shown that they took place in the course of their employment. 2. It is also a situation in which one party is held partly responsible for the unlawful actions of a third party. The third party also may or may not carry any share of the liability. Vicarious liability can arise in situations where one party is supposed to be responsible for (and have control over) a third party, and is negligent in carrying out that responsibility and exercising that control 3. Vicarious liability is a legal term that finds faults in a party that did not injure a person directly. A common situation is where a nurse injures a person and the court finds the hospital and the employer guilt of those damages. Under federal anti-discrimination law an employer, regardless of their size, may be legally responsible for discrimination and harassment which occurs in the workplace or in connection with a person’s employment unless it can be shown that ‘all reasonable steps’ have been taken to reduce this liability. This legal responsibility is called ‘vicarious liability’. Many employers are unaware that they can be liable for a range of actions committed by their employees in the course of their employment - these can include bullying and harassment, violent or discriminatory acts or even defamation and breach of copyright. It's also possible to take...
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...Australian Commercial law Name Institution Course Date Question 1 Introduction This is a case emanating from the corporations Act 2001 where the authorized financial advisor acted unprofessionally according to the Australian corporations Act. The breach of law led this financial advisor to jail. The judge issued his verdict basing on the provisions in the corporations Act 2001 to safeguard the plaintiffs from the negative impacts caused by the financial advisor Mr. weaver who gave false information to his clients. Motives of the financial advisor (Mr. Weaver) From the case, we are informed that Mr. Weaver (the defendant) pleaded guilty for 3 counts of failing to have a reasonable basis for the advice he gave and one count of making a false or misleading statement. He admitted that the advice he offered to his clients did not have a reasonable basis thus, it is as if he offered blind advice that affected the clients negatively. The clients followed his advice presuming that he is a trusted professional who has extensive knowledge in matters of financial investments. The defendant Mr. Weaver did not have any ulterior motive by giving this false advice but seems he acted this way due to assumptions. He did not take time to analyze the underlying facts so as to come up with credible advice that would benefits his clients; thus, he acted carelessly. Legal tools used by Judge Wall QC In making his ruling, judge Wall capitalized on section 1041E of the Australian corporations...
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...Australian Commercial law Name Institution Course Date Question 1 Introduction This is a case emanating from the corporations Act 2001 where the authorized financial advisor acted unprofessionally according to the Australian corporations Act. The breach of law led this financial advisor to jail. The judge issued his verdict basing on the provisions in the corporations Act 2001 to safeguard the plaintiffs from the negative impacts caused by the financial advisor Mr. weaver who gave false information to his clients. Motives of the financial advisor (Mr. Weaver) From the case, we are informed that Mr. Weaver (the defendant) pleaded guilty for 3 counts of failing to have a reasonable basis for the advice he gave and one count of making a false or misleading statement. He admitted that the advice he offered to his clients did not have a reasonable basis thus, it is as if he offered blind advice that affected the clients negatively. The clients followed his advice presuming that he is a trusted professional who has extensive knowledge in matters of financial investments. The defendant Mr. Weaver did not have any ulterior motive by giving this false advice but seems he acted this way due to assumptions. He did not take time to analyze the underlying facts so as to come up with credible advice that would benefits his clients; thus, he acted carelessly. Legal tools used by Judge Wall QC In making his ruling, judge Wall capitalized on section 1041E of the Australian corporations...
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...Men’s Skin Smoother The case study presents a range of issues in regards to Kai’s injuries, Men’s Skin Smoother and the Supermarket. Kai purchased a bottle of Men’s Skin Smoother for The Supermarket under the impression that the substance would moisturiser his rough skin. However, Men’s Skin Smoother caused a lot of damage to Kai’s skin and the injury left him with $40,000 of medical expenses and caused him to miss out on $30,000 of paid work. Both implied and expressed terms must be examined when determining whether or not Kai is able to seek damages, medical expenses and/or lost earnings from The Supermarket. The issues involving implied terms include that Kai relied on The Supermarket’s judgment to supply a moisturiser that was Fit For the Purpose. However, the product Men’s Skin Smoother caused damage to Kai meaning that its standard was not appropriate or necessary for Kais intended use. Therefore the product did not function properly and was not Fit For Purpose. The relevant legal principle for Fit For Purpose comes under the Trade Practices Act (TPA) 1974 s.71(2). This contract comes under the TPA under s4B where Kai has purchased the good for personal use and where the Supermarket has been determined as a service provider that is a trading corporation. In relation to the case Godley v Perry (1960) {345} simular facts apply. Godley purchased a toy plastic catapult from Perry. Godley relied on Perry’s judgment and skill in the selection of his product. The catapult...
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...Law Paper – The Contract (Case Study) Introduction This law paper is based on a case # 63075 from Provincial Court of British Columbia in which there was a false insurance claim made by Gulbhar Singh Bhullar (Son) and Kuldip Singh Bhullar (Father) from ICBC (Insurance Corporation of British Columbia). The date of hearing and judgement was January 22, 2009 and the place of hearing was Surrey, BC. The Counsel from Claimant side was R. Wellman, Q.C. and from Defendant side was C. Alexander. And the judgement was given by honorable judge W. G. Mac Donald. The case involved the implication of the Contract law from our course material which could clearly be used in the following discussed case. The case is about the insurance claim made by a person whose particular Honda Civic motor vehicle has been stolen and then found burnt in front of a Superstore. So for that Mr. Bhullar (Jr.) has claimed ICBC for an amount something over $13,000 for damages. When the car was purchased from Raman deep Bhangu, Gulbhar’s sister, the deal (contract) was in name of Kuldip Bhullar (Father) that means he was the principle owner of the vehicle at the end of the deal. And when the incident took place Mr. Kuldip was in Philippines since one and a half year but it was stated wrong even at the renewal time of insurance papers that he’s not in Canada..!! CASE LAW - Bhullar v ICBC Thu, 2009-02-19 21:56 — DriveSmartBC A car owner is not successful in a claim against ICBC for a total loss of their...
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...UNITED CITY MERCHANTS (INVESTMENTS) LTD. and GLASS FIBRES AND EQUIPMENTS LTD. v ROYAL BANK OF CANADA (INCORPORATED IN CANADA) AND VITROREFUERZOS S.A. (FIRST THIRD PARTY) AND BANCO CONTINENTAL S.A. (SECOND THIRD PARTY) [On appeal from UNITED CITY MERCHANTS (INVESTMENTS) LTD. v. ROYAL BANK OF CANADA] HOUSE OF LORDS [1983] AC 168, [1982] 2 All ER 720, [1982] 2 WLR 1039, [1982] 2 Lloyd's Rep 1 20 May 1982 LORD DIPLOCK. My Lords, this appeal, which is the culmination of protracted litigation, raises two distinct questions of law which it is convenient to deal with separately. The first, which I will call the documentary credit point, relates to the mutual rights and obligations of the confirming bank and the beneficiary under a documentary credit. It is of general importance to all those engaged in the conduct and financing of international trade for it challenges the basic principle of documentary credit operations that banks that are parties to them deal in documents only, not in the goods to which those documents purport to relate. The second question, which I will call the Bretton Woods point, is of less general importance. It turns upon the construction of the Bretton Woods Agreements Order in Council 1946 and its application to the particular fact of the instant case. All parties to the transaction of sale of goods and its financing which have given rise to the appeal were represented at the original hearings before Mocatta J. The sellers and their own merchant bankers to whom...
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...Sarah Estes Judith Wright Commercial Law 21681 Applied Learning Assignment #1 Indiana Code §9-21-8-59 states that no individual is to use their telecommunication device to type, send or read an electronic mail message or text message while operating a motor vehicle, unless said individual is using hands free, or voice operated technology, or reporting a legitimate emergency. It goes on to state that the police may not confiscate the device in question to obtain evidence of these communications without the consent of the driver unless the police officer has probable cause to believe that the device was used to commit a crime, or if the officer has a valid warrant for the device. This law impacts the delivery aspect of ABC Supply Company, because...
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...Uniform Commercial Code Article 2 of the universal commercial code, or simply article 2 of the U.C.C, deals precisely with transactions dealing with sale of goods. While other articles of the UCC covers other elements, article 2 concentrates on sale of goods only. The article defines goods as anything moveable or identifiable before and at the time of sale. This article does not deal with transfer of service contracts. Although the article deals with transfer of goods, there exist some exceptions. For instance, sale of real estate or houses is covered under UCC article 9 but not article 2. Sale of such goods as automobiles falls perfectly under the category of goods covered by article 2. However, transfer of insurance policies does not fall under article 2. The purpose of this article is to regulate sale of goods, and protect the interests of both merchants and non-merchants. The following scenario is designed to demonstrate elements of a valid (or void) contract worth of being protected or enforced by the doctrines of article 2 of the UCC. Scenario Peter, an automobiles merchant, sold his automobile to a customer named Paul. Paul feels that the price of the car was greatly inflated. After covering just a few miles with the car, the buyer realized that the car could not make many miles without being rested for up to one hour. To make matters worse, the seller, Peter, had promised Paul that the car was in perfect condition and could make several miles...
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...Causes a. Illiteracy and low level of education 1. ↓Level of education →↑risk of exploitation (Núnez & Livanos,2010) 2. Illiteracy →easier to accept exploitation (Chan,2004) 3. ↓Knowledge of laws→inability to protect themselves from exploitation (Lenard & Straehle, 2010) b. Poor labor legislation 1. Host countries restrict immigration →immigration laws unfavorable to immigrant workers (Misra, 2007) → ↑exploitation 2. Loopholes in law → being taken advantage of by employers (Gomberg-Munoz & Nussbaum-Barberena, 2011) 3. Flexible labor market → insufficient restriction (Miller, 2012) B. Solutions a. Education 1. ↑Educational level (e.g. Italy, Fullin & Reyneri ,2011) ↘ 2. ↑Practical skills → less exploitation of workers 3. ↑ Knowledge about labor laws (Zhang,2010) ↗ b. Developing labor laws and policies 1. Immigration laws and policies → more migrant-based (Misra ,2007) 2. Reasonable wages and working condition + more pressure on employers (Pines & Meyer, 2005). 3. ↓Loopholes of laws → protect workers’ rights III. Conclusion low education ↑level of education causes →↑exploitation + solutions →↓exploitation (future)...
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...Commercial Law- Commercial law is the body of law that governs the broad and sometimes vague areas of business, consumer transaction, and commerce. The application of commercial law has developed a specific set of laws that apply to commercial activities, pursuits, and transactions. This arm of civil law deals with issues both simple and complex that often relate to questions of both public and private sector laws. Commercial law governs sale and distribution of goods, and proper procedure for payment of transactions. Many nations operate under civil codes that are made of detailed statements regarding commercial law. In the United States (US), commercial law is regulated by Congress under the power granted to it to regulate interstate commerce, and by state governments under jurisdiction of police power. The commercial laws in the US were adopted from 17th century principles of the law merchant and were first incorporated into common law. The US federal government has attempted to have some form of unified commercial law in passing the Uniform Commercial Code (UCC). Domestically, commercial laws are of interest to consumers, as the laws are usually applied to regulate consumer law. In the US, the consumer credit industry is regulated under the commercial arm of statutory law. Credit is what allows a consumer to finance a purchase over time instead of paying the entire cost at the time of the transaction. Credit cards are a common form of consumer credit used by consumers...
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