A Critical Analysis of Copyright Laws in Canada
Copyright is the exclusive legal right given to a creator to reproduce, publish, sell, or distribute the matter and form of something. Copyright is divided into seven categories: literary work, dramatic work, artistic work, musical work, sound recording, performer's performance, and communication signal. The Copyright Act of Canada is a federal statute that governs copyright laws in Canada. It was first passed in 1921 and in summary, prohibits others from copying one's work without their permission. Copyright laws in Canada…...
Business LawCopyrightCopyright Law
The Huge Technology Efforts
As we know utilitarianism is a philosophy that believes in the greatest good for the greatest number which is the Principle of Utility. It states that an action is good (or bad) to the extent that it increases (or decreases) the total happiness of the affected parties. Because patents help encourage people to make huge strived in technology therefore based on rule utilitarianism, a government should allow a company to patent it’s products. Both copyright and patent law protect the…...
Business LawInventionLaw
In T A Dellaca v PDL Industries Ltd the court considers part
In T A Dellaca v PDL Industries Ltd the court considers part performance in 2 steps there has been an oral agreement between mark and Frieda which a) showed a step in the performance of contractual obligation or the exercise of a contractual right under the oral contract and b) when viewed independently of the oral contract was, on the possibilities, done on the footing that a contract relating to the land and such as that alleged in existence. under…...
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Mgts2607
This sample paper on Mgts2607 offers a framework of relevant facts based on the recent research in the field. Read the introductory part, body and conclusion of the paper below.MGTS2607 Essay What is meant by employer militancy? How have employer actions towards trade unions changed since the end of the 1980’s? Why have Australian employers undertaken this change of approach? Student: Samantha Freeman Student Number: 41022715 Tutor: Dr Tom Bramble Due Date: 16th September 2008 WORD COUNT: 1,900 This essay…...
Business LawCollective BargainingEconomyLawPolitics
Legal Position Of Directors
This sample essay on Legal Position Of Directors provides important aspects of the issue and arguments for and against as well as the needed facts. Read on this essay's introduction, body paragraphs, and conclusion. A company is an artificial person created by law. It functions through human agents who are collectively called Board of Directors. They are termed as Trustees of the assets of the company who sees that company business is carried on in accordance with the Memorandum and Articles…...
Business LawCompanyJusticeLaw
Earl Of Orkney V Vinfra
This sample essay on Earl Of Orkney V Vinfra reveals arguments and important aspects of this topic. Read this essay's introduction, body paragraphs and the conclusion below.A basic definition, of a contract is an agreement enforceable at Law. Institutional writers, whose works, strongly influenced, Scots Law, wrote of Contract as a ‘form of obligation’. Erskine defined a contract as a ‘legal tie, by which one is bound to pay or perform, something to another’. However, it should be noted, under…...
Business LawCommon LawContract LawIlliteracyJusticeLaw
Duties Of An Agent Towards His Principal
The sample paper on Duties Of An Agent Towards His Principal familiarizes the reader with the topic-related facts, theories and approaches. Scroll down to read the entire paper.Identify and elaborate upon the duties that a principal owes to an agent. Answer: An agency is the creation of a contract entered into by mutual consent between a principal and an agent. By agency, a principal grants authority to an agent to act on behalf of and under the control of the…...
Business LawCommon LawContractJusticeLaw
Smith V Land And House Property Corporation
This sample paper on Smith V Land And House Property Corporation offers a framework of relevant facts based on the recent research in the field. Read the introductory part, body and conclusion of the paper below.From a moral point of view one might say that honest people act in accordance of good faith and fairness. But morals normally originate from religion or culture. The Common Law on the other hand is laissez faire, which means that the law doesn’t interfere…...
Business LawCommon LawContractJusticeLawyers
Utmost Good Faith Principle in Insurance
This essay sample essay on Utmost Good Faith offers an extensive list of facts and arguments related to it. The essay's introduction, body paragraphs and the conclusion are provided below. We are glad to submit it as part of completion f the requirements for our Insurance & Risk Management (F-210) course with you. Insurance industry. Writing this report has been a great pleasure & an interesting experience. This project helped us tremendously to understand the implication of theoretical knowledge in…...
Business LawCommon LawInsuranceLawPrinciples
Article 1382 Explanation
This sample essay on Article 1382 Explanation reveals arguments and important aspects of this topic. Read this essay's introduction, body paragraphs and the conclusion below.Article 1380 ? Rescissible Contracts ? Those validly agreed upon because all the essential elements exist and, therefore, legally effective. ? They are valid and enforceable although subject to rescission by the court when there is economic damage or prejudice to one of the parties or to a third person. ? Rescission ? A remedy granted…...
Business LawCommon LawContract LawJusticeLaw
Patent Infringement by Microsoft Foss Holly Stark
This sample of an academic paper on Fosspatent reveals arguments and important aspects of this topic. Read this essay's introduction, body paragraphs and the conclusion below. Microsoft’s Foss Patent Infringement Holly Stark ITT Technical IT 302 Abstract This paper takes an in depth look at the claims from Microsoft that FOSS (Free and Open Source Software) committed patent infringement in 2006. It also discusses how the events have impacted FOSS, whether negatively or positively and how the actions have changed…...
Business LawComputer ScienceCopyright LawInformation Technology
Proprietary Estoppel Essay
This sample essay on Proprietary Estoppel Essay offers an extensive list of facts and arguments related to it. The essay's introduction, body paragraphs, and the conclusion are provided below.There are three exclusions to the regulation inPinnel’s instance. They are composite understanding, payment of debt by 3rd party and promissory estoppel. The regulation inPinnel’s instance ( 1602 ) 5 CoRep117ais that portion payment of debt is non good consideration to waive the balance. Thus the creditor may action for the staying…...
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Promissory Estoppel Contract Law
The doctrine derived from the case of Huges v Metropolitan Railway Co (1877), involving a landlord and his tenants. Under the lease the tenants were obliged to keep the premises in good repair, and in October 1874, they landlord gave them 6 months’ notice to do some repairs, stating that if they were not done in that time, the lease would be forfeited. In November, the two parties began to negotiate the possibility of the tenants buying the lease, the…...
Business LawCommon LawJusticeProperty
Intermediate Term Contract Law
Name: Difference Between Conditions And Warranty The Differences between Conditions, Warranties and Intermediate Terms in Contract Law Introduction The law of contract can be described as a legally binding agreement between two or more parties (Stone 5). In the contract, there are usually promises made by the parties in which every party is expected to complete there end of the deal. These promises can be divided into three terms namely conditions, warranties and intermediate. A condition can be described as…...
Business LawCommon LawContract LawJustice
Asic V Adler
Insurance was founded in 1968 by Ray Williams and Michael Payne, which was known as “M W Payne Underwriting Agency Pty Ltd”. However, their company was acquired in 1971 by a British company called CE Heath PLC and appointed Ray Williams to be the board of CE Heath PLC in 1980. In 1989, the business operations of CE Heath PLC were transferred to CE Heath International Holdings Ltd. And the company floated on the Australian Stock Exchange in 1992. After 3 years,…...
Business LawInsurance
Cosumer Protection
Federal court rules Telephone Consumer Protection Act does not apply to commercial SMS text messages sent to cellular phones. The ruling came a few weeks ago in Satterfield v. Simon & Schuster, No. C 06-2893 CW, 2007 U. S. Dist. LEXIS 46325 (N. D. Cal. June 26, 2007), a case involving the transmission of an SMS text message promoting a popular author’s “mobile club” to a cellular phone used by a seven-year-old child. The defendants, the publishing company that contracted…...
Business LawCommon LawGovernmentJusticeLaw
Contract Act 2056
Discuss the grounds of void contract under Nepalese contract act by illustrating the cases. According to Nepalese Contract act 2056,” A contract is an agreement between two or more persons to do or not to do something, which can be enforceable by law. ” The supreme court of Nepal has defined the contract as “an agreement of two or more parties with conditions. ” The word void means not binding in law. A contract which cannot be forced by both…...
Business LawCommon LawContractJusticeLaw
All Contracts Are Agreement But All
A contract is a legally binding agreement or relationship that exists between two or more parties to do or abstain from performing certain acts. A contract can also be defined as a legally binding exchange of promises between two or more parties that the law will enforce. For a contract to be formed an offer made must backed acceptance of which there must be consideration. Both parties involved must intend to create legal relation on a lawful matter which must…...
Business LawCommon LawContract LawJusticeLawRules
Rape Is a Very Common Phenomenon in India
The following sample essay on "Rape Is a Very Common Phenomenon in India" is about one of the most common crimes against women in India. The article provides a terrifying statistic. Rape is a very common phenomenon in India. Every day the number of cases is increasing at a very drastic rate. The number of rapes reported each year in Delhi, as we see, rose 277% from 572 in 2011 to 2,155 in 2016, according to Delhi Police data ("Rise…...
Business LawCrimeJusticeLawRapeSocial Issues
The Evolution of the Islamic Bank
Before the fall of Islam, Makah was the center of world trade and was considered a refuge for agents and businessmen who used merchant caravans to travel north and south. Poppy, summer and winter. It was obvious that the deposit system and the use of money would appear in the pre-Islamic Macah society. Most of the goods are traded on an exchange basis, with payments also made in dinars and dirhams. Dinar coins were gold and dirham coins were silver.…...
BiologyBusiness LawEconomyEvolutionFinanceIslam
Business Law Research Paper
Business lawEssay Example on Business Law In business law, for a contract to be enforceable it has to be provable. This means that whether it is written or oral, a contract has to have some form of way to prove that it is existent (Jennings, 2006). For oral contracts, it may be difficult to prove existence of certain terms due to lack of evidence. However, written contracts are easier to prove as it is written on paper and signed by…...
Business LawCommon LawCommunicationContractJusticeLaw
Research Paper On Contract Law
CONTRACT is a valid contract which lacks legal sufficiency due, for example, to incorrect or incomplete following of a required or statutory procedure, and may not be enforceable by the courts. Four Classifications of Defective Contract : 1. Rescission Contract Declaration or clearly communicated intention by a party to a avoidable contract that it is exercising its right to terminate (rescind) the contract. It is an irrevocable step that frees the other party as well from its contractual obligations, as…...
Business LawCommon LawContract LawJustice
Commercial Law Case Briefs
Gajanan Moreshwar Parelkar v Moreshwar Madan Mantri (Indemnity) (Plaintiff, at the request of the defendant, executed two mortgages in favour of Mohandas. Defendant wrote a letter promising to indemnify the plaintiff against any suits by the mortgagee, along with executing a third mortgage in place of the previous two. Plaintiff prays that the defendant obtains a release of liability from Mohandas; Issues: 1) Can the indemnified ask for performance of the contract of indemnity without suffering actual loss? ) Whether…...
Business LawCommon LawContract LawJustice
Essential Characteristics of Contract of Sale
Generally “a contract of sales of goods is a contract, whereby the seller transfers or agrees to transfer the property in goods to the buyer for a money consideration called price.” Section 2(1) Sale of Goods Act 1893 United Kingdom. Thus contract for sale includes both present sale of goods and a contract to sell the goods at a future time and a sale consists in the passing of title from the seller to the buyer for a price. The…...
Business LawCharacterCommon LawJusticeLaw
Bester V Perpetual Trustee Co Ltd
If one party pressures the contractual consent of another by duress the contract is voidable by that other party (See Also s 52A TPA and s 39 FTA). The common law has long recognised that duress, in the form of coercion of the plaintiff’s will through illegitimate pressure or threats to the plaintiff’s interests, render a contract voidable (Barton v Armstrong). Traditionally, the common law concept of duress was limited to actual or threatened violence to the person of the…...
Business LawCommon LawContract LawEmotionJusticeLaw
corporate and business law
corporate and business law BY etu20110952 GASPARD vjrgile LAFITTE Pierre AC504E External auditing Take home case Pacific Sunwear of California Inc Executive summary ??” 3 The Sarbanes Oxley act: a compliance plan 4 Overview: 4 Summary of the Sarbanes-Oxley 4 The Sarbanes-Oxley act: ??” 404: Checklist: 5 Auditing standards n05: description of the procedures to comply with the section 5 International standards of auditing in reference with the 6 Processes to comply with the Section case...................................................... How to comply with…...
AuditBusiness LawEconomyFinanceFinancial StatementLaw
Options and Derivatives Chapter
A trader is hedging when she has an exposure to the price of an asset and takes position in a derivative to offset the exposure. In a speculation the trader has no exposure to offset. She is betting on the future movements in the price of the asset. Arbitrage involves taking a position in two or more different markets to lock in a profit. Problem 1,3, What is the difference between entering into a long forward contract when the forward…...
Business LawEconomyFinanceFinancial MarketsMicroeconomics
Postal Rule
Wajid, a plumber, has a mobile phone contract with Telecom until 31st October. He has also had dealings with phone companies Webphone and Savaphone, with a view to getting a cheaper phone contract elsewhere. The current date is 7th October. Wajid has a problem in the area of agreement concerning the three contracts he has sought advice on. Agreement is the meeting of minds or actions of the parties to agree on a contract, within which are two sections, offer…...
Business LawCommon LawContract LawJusticeLawRules
Consumer Law
The most useful dictionary definition of a 'consumer' is "someone who buys goods and services for personal use or need" (Chambers' 21st Century Dictionary). All consumer transactions are based on the law of contract. The consumer agrees to purchase goods or services and the seller in return provide those goods or services. Every exchange of goods is an agreement between the buyer and seller thus making them based on the law of contact. The major act that supports and assists…...
Business LawCommon LawJustice
The Current Law of Duress and Undue Influence
If a contract is entered into under duress or undue influence this could be used to make the contract defective. However duress and undue influence are only normally allowed in exceptional cases. For example if a person knows the terms of the contract they are entering into, they enter into the contract with their eyes open and receive independent advise than they won't be able to get out of the contract. However the law on duress and undue influence is…...
Business LawCommon LawContract LawJustice
Show How Transactions in Derivatives Can Be Used to Either Hedge Risk or to Open Speculative Positions.
The following sample essay on Show How Transactions in Derivatives Can Be Used to Either Hedge Risk or to Open Speculative Positions deals with Financial System Show. Economics of the Financial System Show how transactions in derivatives can be used to either hedge risk or to open speculative positions. Derivatives have become popular in response to the increasing volatility and complexity of financial markets. A diverse range of new financial products have been created to enable market participants to handle…...
Business LawEconomyFinanceFinancial MarketsManagementMicroeconomics
Business Agreement and Requirement to Form a Valid Contract:
Table of content Introduction5 Content6 Task 1:6 1. Business agreement:6 2. Requirement to form a valid contract:9 Claim 1:13 Claim 2:15 Claim 3:19 Task 2: Explain the differences among conditions, warranties and innominate terms with examples to illustrate:22 Task 3: Law on standard form contracts:24 Claim 4:29 Conclusion32 Reference32 Introduction The knowledge of the law of contract is very importance when doing business. Law of contract is a part of Common law which focus on the formation and operation of…...
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To what extent is the rule contained in the Salomon v. Salomon & Co. Ltd?
The company as a separate legal personality from that of its members as defined by the Companies Act 1862 was established in common law by the House of Lords in 1879 when they delivered their judgement in the case of Salomon v. Salomon & Co. Ltd. Indeed, this case is now seminal, with both practitioners and students of the law referring to it as the foundation upon which modern company law is based. However, although the outcome of Salomon v…...
Business LawEconomyJusticeLaw
The On Renters Insurance
The following sample essay on Renters Insurance. I chose to write my paper on renters insurance. I do not own the place where I live but I do own valuables that should be protected. I decided to contact an Allstate insurance agent for renter’s insurance options. I was informed that renters insurance is for anyone who rents a home, be it a house or an apartment. Renters insurance can protect your personal property against fire, theft, and vandalism. Renters' insurance…...
Business LawCommunicationInsurance
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