You run a successful paper mill and send out your three best personnel to secure new wood pulp sources using due diligence and skill. Applying the agency principles outlined in this chapter, answer the following questions. Delilah, does not return with wood pulp, but brings back three contracts. Acting within the scope of her authority, she contracted with Evon, who knew your identity at the time; Felipe, who knew that Delilah was acting on behalf of someone but not whom; and Giorgio, who did not know that Delilah was acting on anyone’s behalf. For which contracts, if any, are you liable?
c) Subagent. Correct 11. Which of the following would not be an advantage of buyer brokerage? b) A buyer agent can negotiate on behalf of the sellers without violating his or her fiduciary duties to the buyer. Correct 12.
Law Encyc. Negligence $ 1). The rule of liability for negligence is the same whether the injured person is a child or an adult and a person is not liable unless there is a breach of duty owed to the child. Persons entrusted with children have a duty to exercise ordinary and reasonable care and supervision for the safety of children under their control. A caretaker is not an insurer of the safety of a child has no duty to foresee and guard against every possible hazard (21 Ind.
A C Corporation is considered an entirely separate entity and those that make up the company such as officers, directors, managers, and shareholders are not personally liable for the acts of the company. This is the main advantage of a C Corporation. A disadvantage is that profits of the corporation are taxed at two different levels. One at the corporate level and then another on the dividends of the shareholders. · Liability-A C Corporation has limited liability in that it is seen as a separate entity from the owners, which in turn protects their personal assets from being taken to pay for the company’s debt or liability losses.
Commercial Law Coursework ‘If the underlying policy of Section 27 of the Hire Purchase Act 1964 is to extend a strong measure of protection to private purchasers acting in good faith, then the decision in Shogun Finance Ltd v Hudson [2003] UKHL 62 can be seen as an example of this policy being defeated by questionable aspects of the common law.’ Discuss. Transfer of title and property to goods is considered to be in most cases a relatively straightforward commercial transaction between two parties. There are certain situations where a non-owner having bought goods from the seller disposes them to a third party, which acts in goods faith. The question, which emanates from such cases, is whether the bona fide purchaser has received a valid title to the goods. According to the Latin maxim “nemo dat quod non habet” set out in S21(1) of the Sale of goods Act 1979 the seller cannot pass to a buyer a better title to the goods than he himself possesses.
A Michigan court is likely to agree that the fourth standard set out in Sutton is likely to apply, since the employer displayed retaliatory actions against Ms. Yang by denying her a partnership opportunity two weeks after reporting the suspected violation of the MRPC. Ms. Yang met all criteria for partnership and would not have experienced such actions had there been no protected activity. Ms. Yang is seeking protection under the WPA claiming that her employer acted in a retaliatory manner by failing to promote her, by denying her a partnership opportunity. The court held in a similar case, where the plaintiff was an employee working as a plumbing cross-connection inspector who complained to the Michigan Department of Labor’s Bureau of Safety and Regulation, about safety violations in defendant’s old water plant and then overlooked for another position, that a sufficient basis existed to grant protections afforded under the WPA. The court held
On the other hand, because corporations are considered legal persons, courts use the same principles to determine whether it is fair to exercise jurisdiction over a corporation. A corporation normally is subject to personal jurisdiction in the state in which it is incorporated, has its principal office, and/or is doing business. Courts apply the minimum-contacts test to determine if they can exercise jurisdiction over out-of-state corporations. The minimum-contacts requirement is usually met if the corporation advertises or sells its products within the state, or places its goods into the “stream of commerce” with the intent that the goods
The third term for a quasi-contract to be in effect is that the plaintiff reasonably expected to be paid for the benefit, with the defendant knowing this. This last element must also be present for the court to award quantum meruit to the Chesneys. Where to draw line, though? How do we know that a
If the established debt for which one debtor replaces another is a fungible established as a liability, then the transfer of debt is a valid transfer of right, in which principle debtor is a transferee, and the ultimate debtor is the transferee. As we have seen, jurists agreed on the validity of such a transfer of debt. Thus, if one person is indebted to another and at the same time, he is also a creditor to a third party, he may affect a transfer of debt so that his creditor may collect the debt from his debtor. This is therefore a transfer of debt and a transfer of right at the same
Negotiation can be also be defined as an exchange of ideas for the purpose of reaching an agreement. In a truly successful negotiation there are no losers. The range of subjects which may be covered by negotiation in government procurement are as varied as the types of contracts. In general, the types of negotiations which can be expected are contract modifications, award of a Contract and performance problems such as claims, disputes, and terminations. The Contracting Officer is defined by the Federal Acquisition Regulation, Subpart 2.1 "any person who, either by virtue of his position or by appointment in accordance with procedures prescribed by this regulation, is currently a contracting officer (FAR 1.602) with the authority to enter into and administer contracts and make determinations and findings with respect thereto, or with any part of such authority.