...Introduction: The aim of this unit is to provide learners with an understanding of aspects of the law of contract and tort and the skill to apply them, particularly in business situations. Unit abstract: The unit introduces the law of contract, with a particular emphasis on the formation and operation of business contracts. Learners are encouraged to explore the content of these agreements and then develop skills relating to the practical application of business contracts, including offer, acceptance, intention, consideration and capacity. Relevant case law examples will be covered. Learners will consider when liability in contract arises, the nature of the obligations on both sides of the contract, and the availability of remedies when a contract is not fulfilled in accordance with its terms. Additionally, the unit will enable learners to understand how the law of tort differs from the law of contract and examine issues of liability in negligence relating to business and how to avoid it. Learning outcomes |On successful completion of this unit a learner will: |Assessment criteria for pass | |LO1 Understand the essential elements of a valid contract in a |1.1 explain the importance of the essential elements required for...
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...Week 1- Law 122 : Why study law 1. Business decisions have legal consequences which affect profits and losses: * Some decisions impose liability, others create opportunities * Negative: dumping pollutants into environment * Positive: binding contractual party to promise 2. Risk mgmt. tool: Law sets the framework for risk, it gives you tools to manage the risk * Ex. Insurance, exclusion and limitation clauses, incorporation Dimensions of course 1. 2. Risk mgmt. 3. Legal reasoning: rules and analysis 4. Law/ moral dimensions What is law? * A set of principle and rules that courts will enforce * A way of thinking (or reasoning) about these principles and rules better description. Process determines legal reasoning * It is not just the result of a case that matters. The reasons for the result are where law happens. Law is bound up in the reasoning. So it is important to ask “why” and “how” not just “who won”. Law vs. Mortality Law: formally sanctioned, illegal behaviour Morality: informally sanctioned, moral behaviour 1. 2. Immoral but not illegal * Lying to friends 3. Immoral and illegal * murder 4. Moral but illegal Ethical perspective 1.1 pg.6 Can I watch someone drop without incurring legal liability? If I can legally do it,should i? Ethically is it okay? Ethical reasoning: * Focus on why something is ethically right or wrong...
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...| |Date Submitted | | |Week |Topics To Be Covered |Mode |Remarks | |1 |Offer and Acceptance |Lecture | | | | |Case Study | | | | |Q & A | | |2 |Intention to Create Legal Relations; Consideration |Lecture | | | | |Case Study | | | | |Q & A | | |3 |Capacity; Privity of Contract...
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...| |Unit 7: Aspect of Contract and Negligence | |UNIT TITLE & CODE | | | | |STUDENT ID |CT/HNDBM/50 | |STUDENT NAME | | | | |ASSESSOR |Mr. Seevali Amithirigala | | |1 of 1 |WORD COUNT | | |ASSIGNMENT | | | | |ASSIGNMENT HANDOUT DATE |21/11/2014 |ASSIGNMENT SUBMISSION DATE | | |ASSIGNMENT REVIEW DATEs | | |ASSIGNMENT RESUBMISSION DATE |09.01.2015 | |FINAL GRADE |ORIGINAL SUBMISSION | |RESUBMISSION | | ASSESSMENT CRITERIA TO BE ASSESSED IN THIS...
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...negligence | | Aspect of contract and negligence | Acknowledgement I would like to express my gratitude to Mr.Frank Gunasekara who gave me the possibility to complete this assignment and for the guidance and support they gave in preparation of this study. Especially, I would like to give my special thanks to my parents who enabled me to complete this work. However, it would not have been possible without the kind support and help from my friends. Last but not the least I would like to thank all our peers and staff at I.C.B.T and specially Mr.Dilum our coordinator who were ready to lend a hand in whatever way they can. I am making this project not only for marks but also to increase my knowledge. Thanks again to all who helped me. Executive Summary The reason of this study is to learn the basic legal principles for which we can use in the practical aspect of business. Also from the case studies which is given is very helpful for practical day to day issues. This study is focused on non-lawyers therefore we should give a clear picture of the concepts such as the contracts, negligence torts , breach of conditions etc. this is also helpful to understand and learn the legal terms used in business contracts. This study helped me to understand the key elements of a business contract, Tort of Negligence and also the consequences of breach, and also to apply the rules and laws for practical scenarios. Contents Acknowledgement 1 Executive Summary 2 Introduction...
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...categorized into following categories based on the above stated criteria. * General Business Agreements * Business Employment Agreements * Leases * Sales Agreements The General Business agreements contain Franchise Agreement, agreement with different agencies for advertising, insurance agreements, agreement on not taking legal actions, Settlement Agreement, Stock Purchase Agreement, business partnership agreement, privatization agreement etc. The different types of Business Employment Agreement are Employment Agreement, Consultancy agreement, Sales Representative Agreement, Employment Separation Agreement, Reciprocal Nondisclosure Agreement etc. Leases are of different kinds like Real Property Lease, Equipment Lease etc, and same is the case with Sales agreements, it also have different types of contracts and agreements like Bill of Sale, Agreement for the Sale of Goods, Purchase Order, Warranty, Limited Warranty, Security Agreement etc. Key Elements of Contract Elements of contract depend on the type and nature of contract, but some elements remain constant in most of contracts. Following are the most common elements of contract. * An Offer can be defined as...
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...considers what changes have been made in relation to occupation rents following the enactment of the Trusts of Land and Appointment of Trustees Act 1996 (“TLATA”). The two particular questions focused on are “liability”, that is, the circumstances in which a co-owner can be required to pay an occupation rent (or “compensation” as it is called under TLATA) to a non-occupying co-owner, and “quantum”, that is how the amount of this rent should be assessed. The issues commonly arise in the residential context, when a property initially bought as a shared home is occupied by only one of the co-owners following relationship breakdown, but can equally occur in a commercial context, for example, as part of the dissolution of a business partnership run from co-owned premises.1 Prior to the Act, most claims arose in the context of claims for equitable accounting when the property came to be sold. The apportionment of the proceeds of sale between the co-owners would reflect not simply a division based on the size of their respective shares, but could be adjusted to take account of the fact that whilst the co-owner in occupation may have paid all of the outgoings on the property, such as mortgage instalments and maintenance payments, she also had enjoyed rent-free accommodation.2 Most cases were “backward looking”, *CONVPL 379 looking at past events,3 although occasionally a prospective order for future payment of an occupation rent would be made if the court declined to order a sale.4 The...
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...D-Q University: Group study on leadership analysis Group members: Sam Cade, Tim Gula, Leon Manto, Lesley Mumford, Rich Randolph National University LED 603 March 26, 2012 Introduction The purpose of this paper is to identify and analyze power structures, leadership, systems, organizational culture, and ethics issues that contributed to D-Q University’s leadership failures. With the goal of re-establishing a more viable tribal college, the group will also identify leadership intervention approaches that will address these issues which are both highly interactive and, because of their magnitude, gravely complex. Power Structures Power Structures In Indian Universities The power structures of American Universities vary greatly depending on the type of students they serve, the schools’ history and the culture of the community they assist. Some colleges have large boards of trustees while others have no recognizable power structure. Whatever the power structures, there has to be some semblance of fiscal responsibility, ethics, curriculum planning and oversight that will enhance the institutions’ longevity. The role of the Board of Trustees The primary role of the leadership structure in all universities is to provide the best educational program possible for the students. University trustees make all final decisions regarding school district priorities, personnel, textbooks, expenditures and growth management. Trustees adopt a budget that is necessary to maintain...
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...has been defined and developed; and • apply the principles of duty of care in the areas of omissions and liability of public bodies. 04-Bermin-Chap04.indd 42 2/6/2008 7:39:32 PM 4.1 Introduction Negligence began to be recognised as a tort in its own right around the beginning of the nineteenth century. Before that time, the dominating action for personal injury was the writ of trespass. Trespass was initially concerned only with direct acts, however, during the nineteenth century the focus shifted to the distinction between intentional wrongs (trespass) and the unintentional (negligence). As we have seen, negligence was originally described in terms of a duty imposed by law and thus it will be seen that duty is one of the three key elements of negligence today. Negligence evolved as a means of loss-shifting at a time when there was little or no insurance or state welfare provision. The industrial revolution in the nineteenth century brought with it increased risks of injury to those working in factories, mines, quarries, and other dangerous situations. The development of railway transportation and mass production dramatically increased the potential for many people to be affected by the faulty conduct of strangers, at the same time that the development of incorporations meant that there would be a company to sue rather than an individual. The damage in such cases would have been personal injury or death and, to a lesser extent, property damage. The Workmen’s Compensation...
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...Investment analysis November 2015 Jaime J. Delgado Code Unit STR364 Student Num. Q12576077 TABLE OF CONTENTS 1. Introduction…….………………………………………………………................... 2 p 2. Overview of Land Securities..…….................................................................... 2 p 3. The market trends, opportunities and risks..…...…………................................ 2 p a. Housing in London 2 p b. Commercial real estate in the UK 3 p 4. Strategy for management and marketing.……………………………………….. 3 p c. Business model .……........................................................................... 3 p d. Performance.……................................................................................ 4 p 5. Specific project analysis …………....…………………........................................ 4 p e. Stakeholders aspirations …………………………………………………... 4 p f. Operational performance …………………………………………………… 5 p 6. Conclusion and recommendation ………………………………………….............. 8 p 7. References …………………………………………………………………………….. 9 p 8. Appendix………………………………………………………..…..............…..…....... 11 p 1. INTRODUCTION This report aspires to critically evaluate the performance of Land Securities and provide enough evidence to allow non-professional investors to understand the Company performance, the market where it operates and decide if investing in Land Securities is...
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...UNIVERSITY OF NAIROBI MANAGEMENT OF RESIDENTIAL RENTAL PREMISES. (CASE STUDY:NAIROBI-WEST) BY MURIITHI DAVIES MUGOH B04/23097/2008 A PROJECT PAPER SUBMITTED IN PARTIAL FULFILMENT FOR THE AWARD OF BACHELOR OF ARTS IN LAND ECONOMICS DEGREE IN THE DEPARTMENT OF REAL-ESTATE AND CONSTRUCTION MANAGEMENT UNIVERSITY OF NAIROBI MAY, 2012. DECLARATION I, MURIITHI DAVIES MUGOH, hereby declare that this project is my original work and has not been presented for a degree in any other University. Signed…………………….. Date……………………………… MURIITHI DAVIES MUGOH DECLARATION OF THE SUPERVISOR This research has been submitted for examination with my approval as a university supervisor. Signed……………………… Date………………………………….. Mr. NIKKY NZIOKI DEDICATION I dedicate this work to my parents Mr. and Mrs. Muriithi who has patiently borne my education expenses right from primary school to the University and gave me continuous support & encouragement throughout my academic life. My siblings Faith Njoki, Peninah Njoki and Dennis Ragoi, thanks for being there for...
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...political philosophy. The figure of the reasonable person is central both to the law of negligence—where it serves as the master criterion of justified risk imposition—and to the law of intentional torts—where it helps to define the contours of permissible self-defense, the sensibility by which the offensiveness of contact in battery is measured, and the content of the consent given in connection with matters as diverse as The concept of contact sports and medical operations.1 reasonableness figures prominently in strict liability as well. The intentional infliction of unreasonable harm triggers liability for damages in the law of nuisance, and strict liability in general can be fruitfully understood as a form of liability applicable when the conduct which leads to accidental injury is reasonable, but the failure to make reparation for the harm done is unreasonable.2 Principles of fairness figure more prominently in the judicial rhetoric of strict products liability than economic ideas of efficient precaution and efficient insurance do.3 * William T. Dalessi Professor of Law, USC Law School. For instruction and advice, I am grateful to Ken Abraham, Scott Altman, Charles Fried, Richard Fallon, Louis Kaplow, Scott Michelman, Lewis Sargentich, Arthur Ripstein, and Ben Zipursky; to the participants at the conference; and to the participants at a faculty workshop at Harvard Law School. Special thanks are owed to Jim Fleming for organizing the conference and to Ben Zipursky for organizing...
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...Case 1: Specific Performance Remedy Denied on Equity Standard Campbell Soup Co. v. Wentz et. al. UNITED STATES COURT OF APPEALS THIRD CIRCUIT 172 F.2d 80 (1949) OPINION BY: GOODRICH The transactions which raise the issues may be briefly summarized. On June 21, 1947, Campbell Soup Company (Campbell), a New Jersey corporation, entered into a written contract with George B. Wentz and Harry T. Wentz, who are Pennsylvania farmers, for delivery by the Wentzes to Campbell of all the Chantenay red cored carrots to be grown on fifteen acres of the Wentz farm during the 1947 season . . . The contract provides . . . for delivery of the carrots at the Campbell plant in Camden, New Jersey. The prices specified in the contract ranged from $23 to $30 per ton according to the time of delivery. The contract price for January 1948 was $30 a ton. The Wentzes harvested approximately 100 tons of carrots from the fifteen acres covered by the contract. Early in January 1948, they told a Campbell representative that they would not deliver their carrots at the contract price. The market price at that time was at least $90 per ton, and Chantenay red cored carrots were virtually unobtainable. The Wentzes then sold approximately 62 tons of their carrots to . . . Lojeski, a neighboring farmer. Lojeski resold about 58 tons on the open market, approximately half to Campbell and the balance to other purchasers. On January 9, 1948, Campbell, suspecting that Lojeski was selling it "contract carrots," refused to...
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...Name: Renata Limited Head Office: Renata Limited, Plot No. 1, Milk Vita Road, Section-7, Mirpur, Dhaka-1216, Bangladesh, GPO Box No. 303 Telephone: +88-02-8011012, +88-02-8011013 Fax: +88-02-8011956 Production Sites: Mirpur, Dhaka Rajendrapur, Gazipur Type of Company: Listed Public Limited (Dhaka Stock Exchange) Main Business: Manufacture and Marketing of Human Pharmaceuticals and Animal Therapeutics. The company has two production sites. The Mirpur Site is 12 Acres and Rajendrapur Site is 17 Acres. Number of Employees: 2,623 employees. Renata Limited started its operations as Pfizer (Bangladesh) Limited in 1972. For the next two decades it continued as a highly successful subsidiary of Pfizer Corporation. However, by the late 1990s the focus of Pfizer had shifted from formulations to research. In accordance with this transformation, Pfizer divested its interests in many countries, including Bangladesh. Specifically, in 1993 Pfizer transferred the ownership of its Bangladesh operations to local shareholders, and the name of the company was changed to Renata Limited. In a gesture of corporate charity, Pfizer donated shares so that, along with a partial payment from the SAJIDA Foundation, 51% ownership of Renata Limited would be held by the Foundation. Today SAJIDA’s microfinance and micro-insurance programs support over 107,120 members and their families; thus far cumulative loan disbursement totals BDT 5,750 million. Currently, SAJIDA’s health...
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...June 2007 Mall Management – A Growing Phenomenon in Indian Retail Industry ExEcutivE Summary • The Indian retail market is expected to continue its growth trajectory into 2010. • Mall management has been identified as a critical factor for the success of malls and the retail industry across the world. • Mall management broadly includes mall positioning, zoning, tenant mix, promotions/ marketing and facility/finance management. • Currently, the Indian retail market lacks designated mall management firms. Large real estate developers and retail chains either have their own mall management arms operating as subsidiaries or have contractual agreements with international property consultants. • Till recently, mall management was limited to facility management by a majority of developers in India, leading to gaps in mall management practices. • Given the high future supply of malls and increasing competitiveness within the Indian retail market, developers must correctly address these gaps to ensure success. Mall Management – A Growing Phenomenon in Indian Retail Industry introduction Organised retailing in India witnessed a gross turnover of USD 320 billion1 in 2006. Although this figure is low compared with other developed economies, industry experts expect the growth rate of this sector at 35%2 until 2010. At present, about 100 malls are operational at a Pan-India level with a total area of 19 million sq ft. As per the current estimates, about 3003 additional malls...
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