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Misrepresentation can be known as statements made on a contract or during negotiations of a contract which proves to be false in the end. In other words, a misrepresentation is an untrue representation of any matter which can allow the misrepresented liable for damages as a result usually in Civil Court. These misrepresented statements can take any form, either in writing via written contracts, verbal communication or an implied form of conduct. Misrepresentations in contract law can be...
1 One issue was whether CISG applied to the contract. America was CISG Contracting State[1]at the contract date, but Japan was not;[2]thus, Article 1(1)(a) was inapplicable. However, CISG would not be directly applied because America made a declaration opting out Article 1(1)(b).[3]Parties may choose either American Uniform Commercial Code (UCC) or Japanese Commercial Code which has the closest and most real connection to the contract. Alternatively, they may choose CISG as governing...
In UCTA the person relying on an exclusion clause has to prove that it is reasonable.Whilst the reasonableness test gives the courts the flexibility necessary to adapt to the huge variety of exemption clauses, it means that the uncertainty faced by contractors prior to 1977 still remains. The inherent subjectivity of a reasonableness test was recognised by the House of Lords in Mitchell v Finney [1983] 2 All ER 737, in which they said that there will be, "room for a legitimate difference...
Introduction The case Bulldogs Rugby League Club & Anor v Williams & Ors[1] gave the situation to the court to consider the doctrine of restrain of trade under common law and the Restraints of Trade Act 1976 (NSW).[2] In this analysis, it will identify the relevant issues and ratios based on the relevant facts in this case, and critically analyse the court's decision. Facts and Issues The first defendant, Sonny Bill Williams had signed up a five years contract with the plaintiff,...
Alternative Routes For Policy Reforms Of Women's Imprisonment: A Socio-Criminological Study In The United Kingdom And Bangladesh Summary Of The Research The paper aims at research where existing literature and research fall short in understanding the socio-cultural and health experiences arising from imprisonment of women within the existing feminist and criminal theoretical framework. Beside the increasing trend of female imprisonment it has been reported by a small but noticeable number of...
Euthanasia is the way of ending the life of an individual who is having terminal pain or disease. Nowadays euthanasia considered as an ethical issue that from time to time comes into view mainly from its followers .On the other hand to more conventional opinions ,consider that when the existence has turn into an intolerable from the ache and ill health no one else can force him to stay alive that the man is the master of his life .There is not an exact explanation for this dilemma .The word...
The Constitutional Supreme Court Decision On Niqab The Supreme Constitutional Court is an independent judicial body in Egypt. The court is composed of a President and a sufficient number of members. Members are chosen among judges who have passed not less than five working continuous years, professors at Egyptian universities who passed not less than eight continuous years and attorneys who have been working before the Court of Cassation and the High Administrative Court for not less than ten...
After selecting the subject the author come to know that to do justice with this subject one must have full command over discipline of Human Resource Management. From the title subject seems very short and simple but it focuses on entire range of Labour Laws, organizational relation, Balance in work life and the basic factors which demand rest, holidays, flexi Working time and weeks.As a human being we have to cope with all the aspects of life. Besides well performance on the job to earn good...
The National Labour Relations Act[1](NLRA) was enacted in 1935. With the aim of protecting the rights of employees and employers, promote collective bargaining, and restrain certain labour practises that impact negatively on people’s welfare[2]. This Act begins by stating that the purpose is to improve the bargaining powers of workers:The inequality of bargaining power between employees......and employers.....substantially burdens and affects the flow of commerce, and tends to aggravate...
In this age of extensive industrialisation and commercialisation, trade unions play a very important role in determining and safeguarding the nature of the intricacies and complexities of various working relationships, in particular, the employer-employee relationship. In a layman's parlance, a trade union refers to an association formed primarily for the purpose of regulating the relations between workmen and employers, or between workmen and workmen, or between employers and employers.The...