...Assignment #1 Real Property Law Assignment #1 Real Property Issue The issue in this case falls under the State laws applicable in Boring, Oregon. Under the applicable contract law, in cases involving reward offers, the person must pay off the reward. Bart agreed to offer a reward on the return of his lost property. Could Bart be retracted from paying off the reward; as it is Alan’s duty to return the property. Can Alan place a condition for the return. In the light of applicable laws in Boring, Oregon and major court precedents; we would attempt to find probable alternatives that could be imposed by a Court of law. Rule Under the State laws applicable in Boring, Oregon; both the finder of the property and the actual owner possess their rights. According to the Oregon Revised Statues (2012): • The ORS § 98.005 (2011) Title 10 under the Property Rights & Transactions of Abandoned Property. The duties and rights of the owner and the finder of the lost property are enforced under the 98.005 Rights & duties under the Oregon Revised Statues. • The section 489 U.S. 1011, 109 S. Ct. 1120, 103 L. Ed. 2d 183, 1989 under Oregon laws covers the rights of the property owner in cases if the property is misplaced or lost. • The present legislations on Real Property and Contract law clearly hold” that the finder of the lost property must find the actual owner of the property. • The law § 98.005 allows the finder to claim the found property if the owner...
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...Real Property Essay Re: Bart Vs Alan Facts: Alan found an object belonging to Bart in the state of Oregon. Alan found this object prior to Bart offering a reward for it’s return. Bart now does not want to give the reward to Alan upon the return of the object. Issue: Under Oregon Law, Alan is required to return the object to Bart. Can Alan insist on the reward before returning the object? Rule: In MacFarlane v. Bloch, 59 Ore. 1 (Or. 1911) a pocketbook was found by the plaintiff belonging to Bloch. The pocketbook was found prior to Bloch offering a reward for it’s return. The plaintiff asked for the reward as a condition for the return. The defendant refused and had MacFarlane arrested for larceny. The plaintiff returned the pocketbook and was released. The plaintiff proceeded to sue for the reward. The court determined that the reward should be given to MacFarlane, “it was immaterial that she found the book before the offer was made, the reward not being for the finding but for the returning of the book”and “plaintiff complied with this condition of the offer.” Thus, it completed “the contract, making defendant liable for the award.” The court ruled the plaintiff was entitled to the reward and could hold the lost item until the reward was paid. In Watts v. Ward, 1 Ore. 86 (Or. 1854) horses were found by the defendant and an attempt was made to return them to the plaintiff. However, in the process of delivering the horses they were used for driving cattle, hunting...
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...Carrie Allard Real Property Assignment 1 Issue The issue that arises in regards to Alan and Bart’s situation is whether or not Bart is liable to pay the reward he offered for his lost property even though Alan found the property beforehand and may have a pre-existing duty to return the property. Under Oregon law, does Bart have to pay Alan a reward for finding Bart’s lost property before Bart offered the reward? Rule In MacFarlane v. Bloch, 59 Ore. 1, 115 P. 1056, 1911 Ore. LEXIS 98 (Or. 1911), the plaintiff found a pocketbook with promissory notes made out to the defendant owner. At first, the plaintiff did nothing to locate the owner but search the ‘Lost and Found’ section of the paper. The defendant then offered a reward of $100 for the pocketbook to which the plaintiff came forward and the defendant’s agent refused to pay. The court awarded the plaintiff the reward money with Mr Chief Justice Eakin stating, “the finding of the book was not the purpose of the offer,” it was the return of the book and the plaintiff complied. ORS § 98.005 states if a person finds goods or money valued at $250 or more, he or she must give notice in writing to the clerk of the county within 10 days and within 20 days post notice in the general newspaper of the area in which the goods or money was found and if no such owner comes forward in 3 months, the finder is then deemed the owner. Analysis If Alan found Bart’s object, and in good faith, held on to it until he could locate the...
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...Mailed on 23/12/13 BRIEF DISCUSSION ON CONTRACT ACT- 1872 According to Section 2 (h) of the Indian Contact Act, 1872, "A contract is an agreement enforceable by law”. A contract therefore, is an agreement the object of which is to create a legal obligation i.e., a duty enforceable by law. From the above definition, we find that a contract essentially consists of two elements: (1) An agreement and (2) Legal obligation i.e., a duty enforceable by law. As per section 2 (e) "Every promise and every set of promises, forming the consideration for each other, is an agreement." Thus it is clear from this definition that a 'promise' is an agreement. Section 2 (b) states that "When the person to whom the proposal is made signifies his assent thereto the proposal is said to be accepted. A proposal, when accepted, becomes a promise." An agreement, therefore, comes into existence only when one party makes a proposal or offers to the other party and that other party signifies his assent (i.e., gives his acceptance) thereto. In short, an agreement is the sum total of 'offer' and 'acceptance'. Example, A promises B to sell his horse for Rs. 10,000/-. The Law of Contract deals with such promises which create legal obligations. This excludes those promises made in common life which may be morally binding but creates no legal binding. Promises which do not give rise to legal obligations are not contracts. For example, if A promises B to attend the dinner and fails to attend then...
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...THE INDIAN CONTRACT ACT, 1872 The Law of Contract Constitutes the most important branch of mercantile or commercial law. It affects everybody, more so, trade, commerce anq industry. It may be said that the contract is the foundation of the civilized world. The law relating to contract is governed by the Indian Contract Act, 1872 (Act No. IX of 1872). The preamble to the Act says that it is an Act "to define and amend certain parts of the law relating to contract". It extends to the whole of India except the State of Jammu and Kashmir. The Act mostly deals with the general principles and rules governing contracts. The Act is divisible into two parts. The first part (Section 1-75) deals with the general principles of the law of contract, and therefore applies to all contracts irrespective of their nature. The second part (Sections 124-238) deals with certain special kinds of contracts, e.g., Indemnity and guarantee, bailment, pledge, and agency. The term contract has been defined by various authors In the following manner: "A contract is an agreement creating and defining obligations between the parties". -Salmond "A contract is an agreement enforceable at law, made between two or more persons, by which rights are acquired by one or more to acts or forbearances on the part of the other or others". -Anson "Every agreement and promise enforceable at law is a contract". -Sir Fredrick Pollock The Indian Contract Act has defined contract...
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...THE INDIAN CONTRACT ACT, 1872 The law relating to contract is governed by the Indian Contract Act, 1872. The Act came into force on the first day of September, 1872. It extends to the whole of India except the State of Jammu and Kashmir. The Act is by no means exhaustive on the law of contract. It does not deal with all the branches of the law of contract. Thus, contracts relating to partnership, sale of goods, negotiable instruments, insurance etc. are dealt with by separate Acts. What is contract? The term contract has been defined by various authors in the following manner: “A contract is an agreement creating and defining obligations between the parties”. —Salmond “A contract is an agreement enforceable at law, made between two or more persons, by which rights are acquired by one or more to acts or forbearances on the part of the other or others”. —Anson “Every agreement and promise enforceable at law is a contract”. —Sir Fredrick Pollock The Indian Contract Act has defined contract in Section 2(h) as “an agreement enforceable by law”. These definitions indicate that a contract essentially consists of two distinct parts. First, there must be an agreement. Secondly, such an agreement must be enforceable by law. To be enforceable, an agreement must be coupled with an obligation. A contract therefore, is a combination of the two elements: (1) an agreement and (2) an obligation. Thus Contract = Agreement +enforcement at...
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...Q. What is a general offer? How is a contract created through general offer? Refer to leading cases. An offer may be made to the world at large. Such an offer is a general offer. However, a contract is not done with the whole world but only with the person who comes forward and accepts the offer. The acceptance might be express or implied. As per Anson, "An offer need not be made to an asertained person, but no contract can arise until it is accepted by an ascertained person". Case of Carllil vs Cabolic Smoke Ball Company. Creation of the contract - If the person performs the conditions of the offer. Thus, a person who finds a lost dog fulfills the condition of the prize money and thus a contract with the owner of the dog is created. General Offer of Continuing Nature - Some offers such as finding a lost object close when it is accepted by the first person. However, some offers, such as in the Carllil case, it can be accepted by any number of persons until the closing date of offer or until it is retracted. Q. Describe the law relating to communication of proposals, their acceptance and their revocation. Section 2(a) of Indian Contract Act 1972 says that when a person signifies his willingness to do or to abstain from doing something to another, with a view to obtaining the assent of that another, he is said to make a proposal. Further, section 2(b) says that when the person to whom the proposal is made signifies his assent, the proposal is said to be accepted. The important...
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...S T R U C T U R E IS N O T O R G A N I Z A T I O N Diagnosing and solving organizational problems means looking not merely to structural reorganization for answers but to a framework that includes structure and several related factors. R O B E R T H. W A T E R M A N , J R . , T H O M A S J. P E T E R S , A N D J U L I E N R. P H I L L I P S 14 T h e Belgian surrealist Ren~ Magritte p a i n t e d a series of pipes and titled the series Ceci n'est pas une pipe: this is n o t a pipe. The p i c t u r e of the thing is n o t the thing. In the same w a y , a s t r u c t u r e is n o t an organization. We all k n o w that, b u t like as n o t , w h e n we reorganize w h a t we do is to r e s t r u c t u r e . I n t e l l e c t u a l l y all managers and consultants k n o w t h a t m u c h m o r e goes o n in the process o f organizing t h a n the charts, b o x e s , d o t t e d lines, position descriptions, and matrices can possibly depict. But all too o f t e n we behave as t h o u g h we d i d n ' t k n o w it; if we w a n t change we change the s t r u c t u r e . Early in 1977, a general c o n c e r n with the p r o b l e m s o f organization effectiveness, and a p a r t i c u l a r c o n c e r n a b o u t the n a t u r e o f the relationship b e t w e e n s t r u c t u r e and organization, led us to assemble an internal task force to review our client w o r k . T h e natural first step was to talk extensively to consultants and client executives a r o u n d the w o r l d w...
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...special contracts are Indemnity & Guarantee (u/s124 to 147), Bailment & Pledge (u/s148 to 181) and Agency (u/s 182 to 238) in Chapter X – refer next Module 2) Section 76 to 123 – repealed by Sale of Goods Act, 1930 (refer Module 4) • • Section 239 to 266 – Chapter XI has been repealed by the Indian Partnership Act , 1932 ( not being covered separately; but major issues under different modules) The act does not affect any usage or custom of trade (u/s 1) – these prevail if reasonable & not illegal; an unique feature of this Act – most important branch of business law Some of the contracts not dealt with by the this Act are those related to Partnership, Sale of Goods (refer module 4), Negotiable Instruments (refer module 3), Transfer of Property, Insurance etc – separate Acts Under Contract Act, the parties to a contract make the law themselves, lay down a number of rights and duties (not infringing legal prohibitions) which the law will uphold. Law of contracts is neither a whole of agreements nor the whole law of obligations. Some obligations do not arise out of agreements: a)...
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...service), and motivation (providing the impetus for Ramada employees to deliver exceptional service). Unlike some of its competitors, RFS is a totally franchised system. In such an environment, not only must headquarters contend with the variable human factor of all service operations, but additionally, RFS must contend with differing “exceptional service” standards among owners of the nearly 900 Ramada properties. “Due to the franchised system of property management, we needed for each management team and each employee to be committed to the change—to buy in to any new program—whatever shape it would take,” explains Pigsley. “We wanted to learn and borrow from the best so we started with Disney. In every study done, the Disney experience is the benchmark for exceptional customer service. And they have a reputation for hiring the best people.” Next, RFS approached Southwest Airlines. “They have captured the essence of ‘fun’ when air travel is seen as a commodity, a hassle. People disembarking Southwest planes have smiles on their faces,” shares Pigsley. Next Ramada’s fact-finders...
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...MANAGEMENT CUSTOMER RELATIONSHIP MANAGEMENT SUBMITTED BY: AASTHA ANAND ALISHA KHURANA DIPIKA SHARMA PRACHI ARORA TANYA RAO YADUNANDANI GUPTA SUBMITTED BY: AASTHA ANAND ALISHA KHURANA DIPIKA SHARMA PRACHI ARORA TANYA RAO YADUNANDANI GUPTA INTRODUCTION Shopper’s Stop Ltd is a professionally managed and system driven organization promoted by K Raheja Corp Group, one of the leading players in the country in the business of real estate development and hotels. Pioneer of organized retail in India, Shopper’s Stop Ltd has been instrumental in bringing about revolution in India. Since it opened its doors, the chain has become the highest benchmark for the Indian retail industry. Since its inception in 1991, Shopper’s Stop Ltd has introduced various retail formats in India. “The tapestry of history has no point at which you can cut it and leave the design intelligible.” The foundation of Shoppers' Stop was laid on October 27, 1991 by the K. Raheja group of companies, one of India's biggest hospitality and real estate players. The Group crossed yet another milestone with its lifestyle venture-Shoppers' Stop. With its immense expertise in the service industry and creditability, Shoppers' Stop today boasts of 61 retail outlets across the country and is planning to spread its wings with futuristic expansion plans to meet the challenges of the retail industry. A benchmark for the Indian retail industry to follow, Shoppers' Stop has progressed from a single brand...
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...Classifieds,Free Classified Ads,Buy Sell Classified ... Click India Classifieds - A Site To Post Free Buy Sell IndianClassified Ads Online. Search Classified Ads For Jobs, Find Real Estate Properties On Sale, ... www.clickindia.com/ - Cached - Similar 3 Worldstuffer | Free Local Classifieds and Social Networking Site ... Buy, Sell, Meet with our Free Local Classifieds. Participate in forums and discussions. Meet your Love, Friend or Partner. Join Us now, and your Life will ... www.worldstuffer.com/ - Cached - Similar 4 Zuxxx.com - free advertising total - free classifieds- free ... Free classifieds, ads, advertising, press releases, website promotion, business listings - Zuxxx is fast, easy and for free - post your ads without ... www.zuxxx.com/ - Cached - Similar 5 Free Classified Ads India - Click to Post Free Classifieds Ad in ... post free classified ads in india on a click - now post local ads at free classifieds website on a click in india and deal directly - its a free classified ... www.angclassifieds.com/ - Cached - Similar 6 Free Ads - Free Classifieds Ad,Post Free Classifieds Ads,Used Cars ... Free Ads - Post Free Classifieds Local Ads to Buy / Sell Second Hand, Pre Owned and Used Cars in Chennai, Bangalore, Delhi, Noida, To buy / Sell real estate ... www.freeads.in/ - Cached 7 Free classifieds in India, Classified ads in India, Online ... Free Online Classifieds Autos for Rent and Sale – Thrifty Auto...
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...Aspects of Contract and Negligence for Business TASK 1: BE ABLE TO UNDERSTAND THE ESSENTIAL ELEMENTS OF A VALID CONTRACT IN CAM’S COLLEGE 1. Explain the importance of the essential elements required for the formation of a valid contract. A contract is much more than an agreement between two people. There must be an offer and acceptance, intention to create a legally binding agreement, a price paid (not necessarily money), a legal capacity to enter a contract of your own free will, and proper understanding and consent of what is involved. (Begg, 2009) 1. Offer and acceptance= Agreement A contract is formed when an offer by one party is accepted by the other party. An offer must be distinguished from the mere willingness to deal or negotiate. For example, X offers to make and sell to Y calendars featuring Romanian paintings. Before any agreement is reached on size, quality, style or price, Y decides not to continue. At this stage, there is no legally binding contract between X and Y because there is no definite offer for Y to accept the essential terms of the bargain has been decided. An offer needs not be made to a specific person. It may be made to a person, a class of people, or to the whole world. Acceptance occurs when the party answering the offer agrees to the offer by way of a statement or an act. Acceptance must be unequivocal and communicated to the offer or: the law will not deem a person to have accepted an offer merely because they have not expressly rejected...
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...ASX AND MEDIA RELEASE Page 1 of 13 For Immediate Distribution 21 March 2012 DAVID JONES ANNOUNCES ITS FUTURE STRATEGIC DIRECTION DAVID JONES HAS MANY EXISTING STRENGTHS: It has a distinctive positioning in the Australian market, a loyal customer base, a strong service ethic, a profitable and well positioned store portfolio, a strong Balance Sheet, robust cashflows and a high dividend payout ratio - all of which position the Company well to leverage the many opportunities that exist for future growth outlined below. DESPITE ITS STRENGTHS THE COMPANY FACES CHALLENGES • • • Structural Changes – the internet is globalising & changing retailing; Macro Economic Headwinds –retail sales have been flat and rents, labour, utilities & financing costs are increasing; Challenging Australian Consumer Credit Markets - the Company’s card portfolio is exposed to prevailing weak discretionary retail spending. This could result in a halving of EBIT contribution from this business in FY14 when the alliance with American Express converts to a share of underlying profits. DAVID JONES WILL ADDRESS THESE CHALLENGES & GROW VIA A “3 POINT STRATEGY” 1. Transformation: The Company is in the process of transforming: • into an Omni Channel Retailer (OCR) modelled on international department store best practice. The Company is investing in technology and realigning its processes & structures. The Company will increase its online SKUs from 9,000 to 90,000 before Christmas...
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...CHAPTER 1 LAW OF CONTRACTS 2 Business Law Including Company Law 1.1 NATURE OF CONTRACT [Sections 1–2] INTRODUCTION We enter into contracts day after day. Taking a seat in a bus amounts to entering into a contract. When you put a coin in the slot of a weighing machine, you have entered into a contract. You go to a restaurant and take snacks, you have entered into a contract. In such cases, we do not even realise that we are making a contract. In the case of people engaged in trade, commerce and industry, they carry on business by entering into contracts. The law relating to contracts is to be found in the Indian Contract Act, 1872. The law of contracts differs from other branches of law in a very important respect. It does not lay down so many precise rights and duties which the law will protect and enforce; it contains rather a number of limiting principles, subject to which the parties may create rights and duties for themselves, and the law will uphold those rights and duties. Thus, we can say that the parties to a contract, in a sense make the law for themselves. So long as they do not transgress some legal prohibition, they can frame any rules they like in regard to the subject matter of their contract and the law will give effect to their contract. WHAT IS A CONTRACT? Section 2(h) of the Indian Contract Act, 1872 defines a contract as an agreement enforceable by law. Section 2(e) defines agreement as “every promise and every set of promises forming...
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