...the Mischief rule can be used. The Literal rule considers the law as what it says where the natural meaning of the words are used for interpretation; this can be depicted in the case Regina v Barrymore where the defendant was charged with the offence of wounding with the intent to murder, however the learned magistrate of St John’s Magistrate’s court committed the defendant to stand trial on a charge of wounding with intent to do grievous bodily harm. The court however had no power to commit the defendant for any offence other than the offence with which he had been charged. • Golden Rule The Golden rule is an extension of the literal rule, giving either narrow or wide meaning to the law; the Narrow meaning can be exemplified in the case of Marilyn Spenser v the Attorney General (AG), where the appellants, members of the Executive of the Committee of the Hallelujah Square Tabernacle church submitted to the Attorney General (AG) articles of incorporation of the church as a religious non- profit organization. However, the AG rejected the request stating that a nonprofit company must be a commercial enterprise which is to be carried out without financial gain to its members. Wide Meaning on the other hand is used to give law a wider meaning, such as in the case of William Chaitam and Winston Peters v the AG of T&T and Franklin Khan and Farad Khan. The respondents Farad Khan and Franklin Khan having been defeated by Chaitam and Peters in the constituencies of Point- a- Pierre...
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...studying books and practical working environment to large extent. It is really a great opportunity we got to have a real life experience while passing through the process of practical learning. The preparations of internship report on the topic “Overall Performance of Bangladesh General Insurance Company (BGIC)” was no doubt a challenging task, particularly for a student. I have tried my level best to analyze in depth the overall International and Domestic Trade and business insurance Services provided by BGIC Bangladesh. My pain will be fruitful if my report serves any purpose of BGIC or my department or my fellow friends interested in having insight into the related matters. 1.2 Rationality of the study . No business can exist without having insurance policy, which is much talked about subject now –a- days. In some cases getting insurance is made compulsory for example motor insurance. But unfortunately a very few studies has been made for insurance services. The report is assigned by our course teacher Professor Dr. Shahid Uddin Ahmed as a part of our BBA program. The report is on the assigned topic “Overall Performance of Bangladesh General Insurance Company (BGIC)”. By conducting this report I can enhance my knowledge and skill to apply various research methods in professional life on higher educational life. The report has given me a chance to raise my quality in developing research instrument and its applications. By doing so, I...
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...organization is the only organization that has what can deliver the society in which you operate in from peril, what do you do? In your discussion of the Bayer problem you will find yourself balancing and wondering, how do you overcome some of the barriers of doing the right thing from the corporate perspective? In the fall of 2001, anthrax was used as a weapon of terror in the United States, when it was sent to numerous media and political organizations and individuals, including Tom Brokaw of NBC News, Dan Rather of CBS News, and U.S. senators…. MGMT 520 Disbarment of Lawyers Week 1 Discussions 2 All Students Posts 35 Pages Keller Class I want to introduce to some “Wolves of Wall Street” who handled business in a Bernie Madoff type fashion, the Ponzi scheme way. Allow me to introduce you to former attorney, Marc Dreier. Many of you have never heard of him, but what he has done to my profession and the business community as a whole is earth shattering. Read the “Disbarment of Lawyers” case on pages 225 and 226 in the Kubsek text and frame your answer around the four questions for the case study which are located on page 226. In evaluating this scenario, focus upon the question of what you would do if you are...
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...organization is the only organization that has what can deliver the society in which you operate in from peril, what do you do? In your discussion of the Bayer problem you will find yourself balancing and wondering, how do you overcome some of the barriers of doing the right thing from the corporate perspective? In the fall of 2001, anthrax was used as a weapon of terror in the United States, when it was sent to numerous media and political organizations and individuals, including Tom Brokaw of NBC News, Dan Rather of CBS News, and U.S. senators…. MGMT 520 Disbarment of Lawyers Week 1 Discussions 2 All Students Posts 35 Pages Keller Class I want to introduce to some “Wolves of Wall Street” who handled business in a Bernie Madoff type fashion, the Ponzi scheme way. Allow me to introduce you to former attorney, Marc Dreier. Many of you have never heard of him, but what he has done to my profession and the business community as a whole is earth shattering. Read the “Disbarment of Lawyers” case on pages 225 and 226 in the Kubsek text and frame your answer around the four questions for the case study which are located on page 226. In evaluating this scenario, focus upon the question of what you would do if you are...
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...Law 252 Business Torts — Week One Course Reading Assignment 1 Part One: The "borderland" between tort and contract. Sommer v, Federal Signal Corp., 79 N.Y.2d 540 (1992); IKEA North American Services, Inc. v. Northeast Graphics, Inc., 56 F.Supp.2d 340 (S.D.N.Y. 1999). Part Two: Introduction to the economic loss doctrine. Grams v. Milk Products, Inc., 283 Wis.2d 511 (2005). ' I have edited the cases in this attachment. Le • ' 593 N.E.2d 1365 79 N.Y.2d 540, 593 N.E.2d 1365, 583 N.Y.S2d 957 • (Cite as: 79 N.Y.2d 540, 593 N.E.2d 1365, 583 N.Y.S.2d 957) Page I .'Sommer v. Federal Signal Corp. N.Y.,1992. Court of Appeals of New York. Beverly SOMMER et al., Respondents-Appellants, v. FEDERAL SIGNAL CORPORATION et Respondents-Appellants, andHohnes Protection, Inc., Appellant-Respondent, et al, Defendant (And a Third-Party Action and All Related Consolidated Actions.) May 12,1992. OPINION OF THE COURT KAYE, Judge. substitute-initially understood that 810 wanted normal service restored. But as the brief conversation proceeded, the dispatcher became confused by the caller's repeated insistence that he would "activate" the system and the dispatcher concluded-without attempting to elicit greater clarification from the caller, or any other confirmation-that 810 wanted its system taken out ofservice. Seven to nine minutes later, Holmes began receiving fire signals from the building. However, consistent with his mistaken impression that the system was to be taken out...
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...A Message to Massachusetts Motorists from Erin C. Deveney, Registrar of Motor Vehicles Dear Motorist, The MassDOT Registry of Motor Vehicles recognizes that the work we perform impacts you and nearly every person in the Commonwealth of Massachusetts. We give our customers the joy of getting their first license. We register vehicles that take people all over the state for work, school, to access medical care and for exciting and important events in their lives. We also have the very serious responsibility of making sure all drivers, as well as the vehicles on our roadways, are safe and fit to operate. The RMV is committed to providing you with efficient, reliable and professional customer service. The Driver’s Manual prepares you for your driving career and also for doing business with the Registry. It includes requirements for transactions we provide, as well as service options and branch location information. To serve you better, we offer 27 transactions and services via our website, www.massrmv.com. Online services bring the RMV to you. Today, you are also able to schedule a return phone call via 857-DOT-8000 for a time that works for you. We have expanded the number of AAA locations offering Registry renewal services through an innovative public-private partnership. We are introducing self-service FasTrack kiosks for license and identification card renewals and duplicates so you spend less time in line. As we improve our service delivery, www.massrmv.com will...
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...TORTS OUTLINE 1) INTENTIONAL TORTS (3 -5) a) Intent b) Battery c) Assault d) False Imprisonment e) IIED f) Tresspass to Chattels g) Conversion 2) PRIVILEGES (5 - 7) a)Consent b) Self Defense c) Defense of others d) Defense of Property e) Recovery of Property f) Necessity g) Authority of Law h) Discipline i) Justification 3) NEGLIGENCE (PAGES 7 - 11) a) History b) Elements of A Cause of Action c) A negligence formula d) Standard of care i) The RPP ii) The Professional iii) Aggrivated Negligence e) Rules Of Law f) Violation of Statute (NEGLIGENCE PER SE) i) Applicability of Statute ii) Effect of Statute g) Proof of Negligence i) Court and Jury: Circumstantial Evidence ii) RES IPSA LOQUITUR 4) CAUSATION IN FACT (11 - 12) a) Sine Qua Non b) Proof of Causation c) Concurrent Causes d) Problems Determining Who Caused the Harm 5) PROXIMATE CAUSE (12 - 14) a) Unforeseeable Consequences b) Intervening Causes c) Public Policy d) Shifting Responsibility 6) JOINT TORTFEASORS (14 - 17) a) Liability and Joinder of Defendants b) Satisfaction and Release c) Contribution and Indemnity d) Apportionment of Damages 7) DUTY a) b) c) d) e) OF CARE (17 - 19) Privity of Contract Failure to Act Pure Economic Loss Emotional Distress Unborn Children 8) OWNERS AND OCCUPIERS OF LAND (19 - 21) a) Outside the Premises b) On the premises 1) Trespassers 2) Licensees 3) Invitees 4) People outside the established Categories i) Children ii) Persons Privileged to enter outside of Owners consent iii) Rejection...
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...TORTS OUTLINE 1) INTENTIONAL TORTS (3 -5) a) Intent b) Battery c) Assault d) False Imprisonment e) IIED f) Tresspass to Chattels g) Conversion 2) PRIVILEGES (5 - 7) a)Consent b) Self Defense c) Defense of others d) Defense of Property e) Recovery of Property f) Necessity g) Authority of Law h) Discipline i) Justification 3) NEGLIGENCE (PAGES 7 - 11) a) History b) Elements of A Cause of Action c) A negligence formula d) Standard of care i) The RPP ii) The Professional iii) Aggrivated Negligence e) Rules Of Law f) Violation of Statute (NEGLIGENCE PER SE) i) Applicability of Statute ii) Effect of Statute g) Proof of Negligence i) Court and Jury: Circumstantial Evidence ii) RES IPSA LOQUITUR 4) CAUSATION IN FACT (11 - 12) a) Sine Qua Non b) Proof of Causation c) Concurrent Causes d) Problems Determining Who Caused the Harm 5) PROXIMATE CAUSE (12 - 14) a) Unforeseeable Consequences b) Intervening Causes c) Public Policy d) Shifting Responsibility 6) JOINT TORTFEASORS (14 - 17) a) Liability and Joinder of Defendants b) Satisfaction and Release c) Contribution and Indemnity d) Apportionment of Damages 7) DUTY a) b) c) d) e) OF CARE (17 - 19) Privity of Contract Failure to Act Pure Economic Loss Emotional Distress Unborn Children 8) OWNERS AND OCCUPIERS OF LAND (19 - 21) a) Outside the Premises b) On the premises 1) Trespassers 2) Licensees 3) Invitees 4) People outside the established Categories i) Children ii) Persons Privileged to enter outside of Owners consent iii) Rejection...
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...‘privity’ of contract. * Price v Easton (1833) 4 B & Ad 433 * Coulls v Bagot's Executor & Trustee Co Ltd (1967) 119 CLR 460 Price v Easton 1. Original debt owed by builder to Mr Price. But the builder cannot pay 2. Mr Easton makes a promise to the builder that he will pay the builder’s debt to Price if the builder does some work for Easton 3. Builder does the work for Easton, but Easton does not pay Price. Price sues Easton to enforce promise Easton made to the builder Coulls v Bagot's Executor 1. A contract was made for stone to be quarried by O’Neill in exchange for a payment of royalties 2. Under the contract, the royalties are to be paid direct to Mrs Coulls 3. After Mr Coulls dies, his executor (Bagot) wants to know if Mrs Coulls has a contractual right to the royalties The element of intention to be bound * An agreement is only legally enforceable if the parties intended to be legally bound. * Note: The ‘intention to be legally bound’ is important because it serves to distinguish between contracts and agreements that are not enforceable in the courts. * Intention is to be judged objectively. The court asks whether, in the circumstances, a reasonable person would regard the agreement as intended to be binding. * Carlill v Carbolic Smoke Ball Co [1893] 1 QB 256 Carlill v Carbolic Smoke Ball Co (Smoke Ball Co- Manufacturer, Mrs Carlill-Consumer) 1. The manufacturer advertises in newspaper: 100 pounds paid...
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...Table of Contents Chapter 1 Taxation overview---------------------------------------------------------------- 1 2 General principles ---------------------------------------------------------------- 8 3 Specific principles on gross income------------------------------------------- 12 4 Pension receipts and payments------------------------------------------------- 22 5 Double Taxation------------------------------------------------------------------ 29 6 General deductions----------------------------------------------------------------34 7 Expenditure-------------------------------------------------------------------------38 8 Capital allowances-----------------------------------------------------------------48 9 Leasing------------------------------------------------------------------------------ 60 10 Exemptions------------------------------------------------------------------------- 66 11 Partnership-------------------------------------------------------------------------- 71 12 Farmers------------------------------------------------------------------------------ 76 13 Miners------------------------------------------------------------------------------- 85 14 Exports------------------------------------------------------------------------------ 98 15 Capital gains------------------------------------------------------------------------ 101 16 Hire purchase-----------------------------------------------------------------------...
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...TRUCT ACADEMY SUCCESS IN BUSINESS LAW FOR C.I.S, Z.I.M CERT., ZAAT, IAC, I.C.M M. MAVHUNGA LLB (S) (UZ) 3RD EDITION 2000 1 ACKNOWLEDGEMENTS` I would like to thank the Director of Trust Academy, Mr Mataka, The Principal, Mr Sauti and the Registrar Mr Kucherera whom without their support this study pack would not have been a success. To them I say keep the god spirits for enhancing the college and making it a force top reckon with according to international standards. Would also like to thank the Trust Academy Secretaries and Typists of this book, particularly, SHELTER MAVHUNGA, MISI MAKUZWA, AMANDA MANDA and JESCA KAMUNGA for their commitment to duty. Again their handwork in the production of this copy is highly appreciated. Anyone who directly contributed to the success of this module I say, God bless you. However none of the above will be accountable for any errors of omission or commission which might appear in this study pack. M. MAVHUNGA 2 Dedication This study pack is dedicated to the targeted students who commit themselves to passing the interesting course of business law. Foreword Business Law is a very broad course and covers many aspects. It is a challenging course a proper approach is not advised to new students but an interesting and very simple course once one grasps the concepts. The objective of this module is to simplify Business Law to be understood by Ordinary Advanced Level students who may be taking any of the above courses. The field has...
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...A STUDY ON PURCHASING PATTERN, PROBLEMS AND AWARENESS OF WELFARE PROGRAMMES AMONG FARM FAMILIES OF GADAG DISTRICT Thesis submitted to the University of Agricultural Sciences, Dharwad in partial fulfilment of the requirements for the Degree of Master of Home Science in FAMILY RESOURCE MANAGEMENT By YALLAWWA UPPAR DEPARTMENT OF FAMILY RESOURCE MANAGEMENT COLLEGE OF RURAL HOME SCIENCE, DHARWAD UNIVERSITY OF AGRICULTURAL SCIENCES, DHARWAD - 580 005 DECEMBER, 2007 ADVISORY COMMITTEE Dharwad December, 2007 __________________________ (P.R.SUMANGALA) CHAIRMAN Approved by: Chairman: (P.R. SUMANGALA) Members: 1. (H.S. VIJAYAKUMAR) 2. (SUMA HASALKAR) 3. (A.R.S. BHAT) CONTENTS Sl. No. 1 2 3 4 5 6 7 INTRODUCTION Chapter Particulars Page No. REVIEW OF LITERATURE MATERIALS AND METHODS RESULTS DISCUSSION SUMMARY REFERENCES APPENDICES LIST OF TABLES Table No. 1 2 Title General information of selected samples of different landholdings Place of purchase of food items by farm families of different landholdings Frequency and mode of purchase of food items by farm families of different landholdings Place of purchase of clothing by farm families of different landholdings Frequency and mode of purchase of clothing by farm families of different landholdings Mode of purchase of consumer durables by farm families of different landholdings Rank matrix of common top factors considered for purchasing of food, clothing and consumer durables Rank matrix of common top problems faced for...
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...10 $ including GST the driver’s handbook In this book: • your road safety responsibilities • the road rules • drivers and licensing • vehicles and registration • fitness to drive self assessment. The information contained within this handbook has been prepared to help you become better informed about road safety, road rules, drivers and licensing and vehicle registration. It should not be taken as a precise interpretation of the law. It does not set out to be complete or a substitute for the legislation made by Parliament. Recent changes in laws may not be reflected in this publication. The Driver’s Handbook can be downloaded from mylicence.sa.gov.au If you require further information, please call 13 10 84 between 8am and 6pm Monday to Friday. Information on the relevant South Australian legislation may be obtained from the following web site: www.legislation.sa.gov.au references • The Driving Companion (for Learner Drivers) • Australian Road Rules • Road Traffic Act (1961) and Regulations • Motor Vehicles Act (1959) and Regulations Department for Transport, Energy and Infrastructure. This work is copyright. No part may be reproduced by any process without prior written permission from the Department. First published in Australia 2000. MR200 September 2010. W E L C O M E Welcome to the Driver’s Handbook which is designed to support all road users and contains essential information and useful tips. ...
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...CONSTITUTION OF THE STATE OF GEORGIA (Revised January 2009) Designated as The Constitution of the State of Georgia For ordering information of a printed copy, go to www.sos.ga.gov/elections Brian P. Kemp Secretary of State State Capitol Atlanta, Georgia 30334-1505 Designated as The Constitution of the State of Georgia CONSTITUTION OF THE STATE OF GEORGIA TABLE OF CONTENTS ARTICLE I. Bill of Rights ... ........................................................... 1 ARTICLE II. Voting and Elections ... ............................................ 8 ARTICLE III. Legislative Branch ... ............................................ 2 1 ARTICLE IV. Constitutional Boards and Commissions . 28 ARTICLE V. Executive Branch ... ................................................ 2 3 ARTICLE VI. Judicial Branch ... ................................................. 6 3 ARTICLE VII. Taxation and Finance ... ..................................... 5 4 ARTICLE VIII. Education ... .......................................................... 9 5 ARTICLE IX. Counties and Municipal Corporations ... ........ 6 . 6 ARTICLE X. Amendments to the Constitution ... .................... 1 8 ARTICLE XI. Miscellaneous Provisions ... ................................ 3 . 8 CERTIFICATE GEORGIA, FULTON COUNTY This is to certify that, pursuant to the provisions of Article XI, Section I, Paragraph V of the proposed new Constitution of the State of Georgia...
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...FRANK T. ROTHAERMEL DAVID R. KING Tesla Motors, Inc. January 1, 2015. Elon Musk, chief executive officer (CEO) of Tesla is taking it easy on this New Year’s Day. While having his coffee, he scrolls through some recent issues of The Wall Street Journal on his iPad. A headline from one current story jumps out at him, “Gasoline prices have declined for 88 consecutive days, the longest streak of falling prices on record.”1 The slide in gas prices, which began in September 2014, also happened to coincide with the slide in Tesla Motors (TSLA) stock. With increasing oil, and therefore gas, prices, people had an incentive for purchasing electric cars. Now with gas prices drop- ping, the incentive to buy would start to become less of one, and the demand for the product would probably drop. This was one of the challenges facing Musk on this New Year’s Day. In addition to hav- ing to contend with lower selling costs due to rising production, Tesla was also confronting increasing competition and economic headwinds that were likely going to lower the demand for electric cars. Musk is a serial entrepreneur longing to leave a legacy, and he believes that Tesla just might be the company that will help him leave his mark. He has a large profile already and has been described as “Henry Ford and Robert Oppenheimer in one person,” as well as “Tony Stark, the eccentric inventor better known as Iron Man.”2, 3 (In fact, Musk made a cameo appearance in Iron Man 2.) But, with sev- eral pressing...
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