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    to Trimble because RDS presented evidence from which a jury could find that RDS sustained damage as a result of Trimble’s tortious conduct and breach of contract. The Superior Court erred in granting JNOV to Trimble because a reasonable jury could have found that Trimble was liable for Intentional or Negligent Misrepresentation, Breach of Contract, or Breach of Fiduciary Duty. The Superior Court erred in granting JNOV to Trimble because the evidence provided a jury with a reasonable basis for…

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    Postal Rule Case Study

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    Offer is defined by Treitel as an expression of willingness to enter into a contract with intention to create legal relation that it shall become binding obligation without any further negotiation, Offer can be in different form such as letter, email, newspaper advertisement, fax and conduct only if offeror is prepared to have a contract. Offer has 3 elements, 1: intention/willingness, 2: specified terms (method of payment) and 3: no further negotiation. There are two types advertisement, 1:…

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    indeed the defendant was negligent, he needs to prove that the defendant owed him duty of care that is the question of whether the defendant had knowledge. If that is proved, then the claimant should prove that the defendant was in breach of that duty and that the breach of duty caused damage. Let us take for instance the case of Caparo v Dickman (1990). Caparo Industries purchased shares in Fidelity Plc in reliance of the accounts which misstated that the company had made a pre-tax profit of…

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    This is a case of the dismissal of Ms K. Kavitha A/P Krishnan (the Claimant) by Aetins Sdn. Bhd. (the Company). In this case, the Claimant was a Senior HR and Admin Executive and she need to report to the Regional Operations Manager, Ms Saraswathy (COW2). The Claimant got married on 25 April 2012. Her colleagues and her superiors in the Company attended her wedding ceremony, including COW2. Her husband is Mr. Ravi A/L Subramaniam. The Claimant said Ms Cally, Law of the Company was fully aware…

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    The Common law principle that if an interest created in favour of a class failed with regard to some of the persons of that class, such interest failed as regards the whole class was expounded in the case of Leake v. Robinson . This principle was upheld in the case of Pearks v. Mosley . Under Hindu law, the gift to an unborn child was void. In the case of Rai Bishen Chand v. Asmaidd it was held by the Privy Council that a gift to an unborn grandson failed not because of the rules contained in…

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    James, Adjou, Sylvia, Bob and Tim (represented by Ian) require identifying and advice as to the applicability of relevant contract and tort/delict principles to the current scenario presented in the problem question. Before proceeding with advising the individual’s, we need to check the validity of the contract and to establish the note displayed on the car windscreen is “Invitation to Treat” (or) “Offer”. The difference between the two is significant and need to be specifically identify, as…

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    provision. In the event any provision shall be invalid, no other provision of this Agreement shall be affected thereby. It is understood and agree that this contract is not to be binding upon either party until it is endorsed by the parties involved as security for the execution of the promises and conditions thereof. All notices here in shall be in writing and may be delivered personally or by mail, postage prepaid. Any notice sent by mail, postage prepaid, will be deemed received three days…

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    Promises In Liberty Law

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    Liberty Law Promise Promise, a declaration or assurance that one will do a particular thing or that a particular thing will happen. Promises are commitments made, an agreement or assurance, an oath taken for a person or for oneself. The person making the promise, vows to fulfill the task or keep his word. A promise can be in spoken or unspoken form. Promises can create or destroy dreams. A single promise can keep someone's hopes going forever. A promise is something very important to me. In…

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    What i have learned in relation to the objectives are; what a will, probate, living trust, and insurance is. My understanding of what a will is; a leagal document stating what the deceased persons wishes are and who personal estate will be distributed to. A testator is someone who makes the will describing how devise, legacy, and bequest will be handeled after the person has been deceased. Personal letters to family or close ones may also be included in a will. Making a will is very important,…

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    Framing Contract Law

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    one of law school curriculum, this information is important to review in context to the paper and for my interview preparation. Therefore, this paper will start with a definition of a contract. “A contract is a promise or a set of promises for the breach of which the law gives a remedy, or the…

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