parties must be legally competent, there must be an offer and an acceptance, consideration must be given and the purpose of the contract must be legal. An employment contract is a written document between an employee and an employer setting forth the terms of their relationship. Generally an employment contract will have a start date, compensation, type of work, hours of work, is the bonus guaranteed or discretionary, vacation time and other benefits. Other key issues addressed are type of…
Comparing the two sculptures "The royal Acquaintances Memi and Sabu" with "Statue of Gudea" . I want to begin first with the most obvious differences as outlined by the specifications between the two. Before I do that however, I think it's important to address the way I reference them as opposed to their somewhat lengthy titles. From this point forward unless otherwise mentioned, I'll refer to each as either "Royal" or "Gudea". "Royal" Measures in at H24.7/16" X W9.5/8" X D 6" and "Gudea"…
settlement agreement to finalize their case. The mediator is not a decision-maker; each party is free to accept or reject any settlement terms that are proposed during mediation. A prenuptial agreement is a contract between a couple that is executed in anticipation of marriage. A prenuptial agreement may include detail on…
The accident was not caused by any breach of the statutory duty imposed by Section 3 of the Safety in Factories (Scotland) Act 2009. There has been no fault found with the hoist, even after a thorough investigation, which proves that my client has demonstrated positively their absolute and exact compliance with s. 3. No particular step in which my client omitted to take can be singled out therefor there was no breach of the statutory duty. The failure remains an unexplained mystery. My client…
‘Good Faith in Commercial Agreements and Dispute Resolution – A Comparative and Transactional Perspective’ by Professor Bryan Horrigan BA, LLB (Hons) (Qld), DPhil (Oxon), Dean, Faculty of Law, Monash University, Melbourne, Australia E.C. Zaccaria, “The Dilemma of Good Faith in International Commercial Trade” [2004] MqBLJ 5. . R, Brownsword, et.al., “Good Faith in Contract: Concept and Context” in R. Brownsword, et.al. (eds.) Good Faith in Contract: Concept and Context (Aldershot: Ashgate…
Oil Co., the dispute involved a long-term requirements contract for the delivery of pro-pane. In remanding the case with instructions to enter a decree of specific performance, the court found that propane was readily available on the open market. No evidence was presented to show that the quantity available was insufficient to satisfy the buyer’s re-quirements. The court also accepted expert testimony that the buyer “probably” could not obtain another long-term contract. Determining that the…
2.1. What impact does employment law, company law and contract law has upon the business Employment Law governs the employer-employee relationship, consisting individual employment contracts and also the application of TORT and contract principles, and a large group of statutory regulation on issues such as the right to organize and negotiate bargaining agreements, protection from discrimination, wages and health and safety. Corporate law applies to the rights, relations and conduct of persons…
The order finds its foundation in the judicially innovative response to Mareva Compania Naviera SA v International Bulk Carriers SA, wherein the judiciary sought to put a stop to defeat claims by disposing of assets through increasingly sophisticated and complicated schemes. In Australia, the jurisdiction to grant the order is found in the inherent power of the court to prevent frustration of abuse of process, in statutory provisions including s 23 of the Federal Court of Australia Act 1976…
1. Generally, contracts do not have to be written down to be legally binding. Most of the everyday contracts we make, such as buying a ticket for a movie or going to the doctor, are not put in writing, but they are still legally binding. There is no need for a written agreement, because everyone understands what their obligations are. An oral contract is just as legal and binding as a written one, although sometimes it can be harder to prove exactly what was agreed. It may be advisable to put a…
2a) in advising Horace and phyllida on whether they can insist that Liz leaves No. 5, we will state the issues which are whether or not Horace and phyllida possess the right to do so? Based on the ‘TOLATA Act 1996 section 12(1) ’, Liz has the legal right to occupy No. 5 as a beneficiary of the trust. Therefore, Horace and phyllida will not be successful on insisting that she leaves No. 5. Though, the trustee which is Horace and phyllida have the power according to TOLATA Act 1996 section 13 (1)…