Contractual term

In contract law, evocation means an offer is withdrawn by the offerer. The general rule was established in Payne v Cave that an offer can be revoked at any time before the communication of acceptance is complete. Nevertheless, once the offer is accepted by the offeree by post, specifically, letter, the postal rule would strictly apply and would not permit such withdrawal. Contrary, once the offer is accepted, it cannot be revoked or else, the it would be considered as a breach of contract.…

A discretionary trust is where the trustee is given the discretion to select, from amongst a specified class of beneficiaries, who will benefit under the trust and often to what extent . Comparably, a fiduciary mere power enables trustees to act as they choose to do so, imposing no obligation or discretion, to distribute property . In Re Gulbenkian , Lord Upjohn stated to ratify a fiduciary mere power the “is or is not” test would apply. Likewise, Lord Wilberforce in McPhail v Doulton…

been many instances where Bolt Pty ltd (‘Bolt’) an Australian electronics company have come under contravention of the Australian Consumer Law (ACL). In Bolt’s advertisement promoting their new phone model the “Bolt Worldly” they have stated several terms in which is unethical and against the ACL. The issue with the advertisement firstly is that Bolt have claimed that the product Bolt “Worldly” is made “For Australians, by Australians” however the advertisement has in fine print at the bottom of…

The first issue to be discussed in this scenario is to who has rightful ownership of the Vauxhall Corsa between Christine and Benjamin. Determining ownership of the Corsa is imperative because it establishes who holds legal title and rights over the car. According to the s 18(1) Sales of Goods Act 1979 (SGA), it is stated that ownership deprives where ‘property in the goods passes to the buyer when the contract is made, and it is immaterial whether the time of payment or the time of delivery…be…

I agree with some of your points on Martin’s challenges regarding the rental property regarding survivorship. However, we have different insight on the advice we would give him as his lawyer. Martin did in fact purchase the house approximately thirty-one years ago, but he has not visited it in over twenty years. North Carolina case law, such as Potts v. Burnette, 1981, has upheld the requirement for one to take possession of a property by means of adverse possession one must occupy the…

To state a claim under the Americans with Disabilities Act (the “ADA”), the employee must show he is a person: (1) with a disability, as defined by the ADA; (2) who is qualified, with or without reasonable accommodation, to perform the essential functions of the job; and (3) who has suffered discrimination by an employer because of that disability. Olsen v. Capital Region Med. Ctr., 713 F.3d 1149, 1153 (8th Cir. 2012). " EEOC v. C.R. Eng., Inc., 2011 U.S. App. LEXIS 8971, *20 (10th Cir. May 3…

According to Meiners, Ringleb and Edwards (2012), an agency is created when a person or the company’s agent agrees to act for, or in place of, another person or company named as principal. An agent is “the person or firm who is authorized by the principal or by operation of the law to make contracts with third persons on behalf of the principal”. In the case of Yim v. J’s Fashion, Yim never disclosed that a principal was involved with the contract established with J’s Fashion and that he was…

equitable title to the property.” Id. at 650. Upon the ratification of the foreclosure sale “complete equitable title accrues to the purchaser.” Id. “Legal title to the property is not conveyed, however, until the purchase price is paid and other terms of sale, if any, are met and a deed of conveyance delivered.” Id. In this case, Kamara asks this Court to find that HSBC’s title is void because a motion to reconsider the ratification was still pending at the time HSBC recorded its deed.…

In the states that have bail as part of their legal procedures, the bail bonds process is normally regulated by the state itself. In some cases, the regulations and laws that govern the department of insurance also apply to bail bonds. Different states have different concepts and rules to govern the bail process. The criteria that one state may use to apply the process of bail bonds might not be similar or applicable to another state. This has made it very difficult to find information about the…

In response to learning activity 1 question 1, I agree that Beta Corporation is the principal. It is clearly stated in the text that “under corporation law the officers and all employees are agents of the corporation” (Advanced Business law and the Legal Environment, 2014, pg. 1325). However, I do not agree with your evaluation of the employees as principals. Arnold, Carol, Dave, and Erin are all agents of Beta Corporation. However, I may be inclined to argue that Carol, Dave, and Erin are all…