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Commercial Law
Group Assignment
Commercial Law
Def
Commercial law is the body of substantive law that governs transactions between business entities. Commercial law includes all aspects of business, including advertising and marketing, collections and Bankruptcy, banking, contracts, negotiable instruments and trade in general with the exception of maritime transportation of goods. It covers both domestic and foreign trade; it also regulates trade between states.
Introduction
This assignment will be answering two questions given in the assignment. I will give definitions and examples of the Law of Agency and Law of Contract or the other relating principle of law. My own opinions on how the problem should be solved will be stated. My advice
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At the point when Levy left Health Care and opened up her own particular comparable business in 1993, Health Care brought this activity to authorize the non-contend understanding, however the trial court denied injunctive help, inferring that the "geographic degree is nonsensical." Health Care bids, bringing up the issue of whether, after our statute overseeing these assertions was generously revised in 1990, a court can decline to uphold a non-contend assentation on the grounds that the geographic confinement is irrational. Before 1990 courts were required to change outlandish limitations as to time and place instead of decline to authorize the understanding. We presume that the pre-1990 case law is still great law and turn …show more content…
To begin with, when the council revised our statute in 1990, it didn't change the dialect which we cited toward the start of this conclusion, giving that a business and a representative may concur that the worker will "avoid continuing or taking part in a comparative business and from requesting old clients of such manager inside a sensibly restricted time and area...." Voiding these contracts, instead of authorizing them sensibly, would be in opposition to the expectation of the statute. The statute was passed in any case so that these assentions, which were void at customary law, would be substantial. Capelouto v. Orkin Exterminating Co. of Fla., Inc., 183 So. 2d 532
“Agency relationships are formed by the mutual consent of a principal and an agent.” (Cheeseman, p.487) Our book goes on to cite the Restatement (Second) of Agency,
Nowadays, the Australian legal system has three powers, which are legislative, executive and judicial. Legislative power is in charge of making the laws; subsequently those laws will be passed to the executive power to administer the laws it...
In addition to this, the analysis of law was not considered thoroughly during judicial decisions. Therefore, the court uses backward reasoning where it uses the expected results it wants to deduce to make decisions. Such activities in the justice department have a lot of impediments to the impartiality of judicial system. The rights of the criminal in many instances are affected by the use of such methods to deliver justice. According to Marshall, the legal analysis used to determine the outcome of the courts has reduced since the changes in the judicial system. The rights of the individuals have significantly reduced with the changes in the court system because only the nine judges are privy to the outcome of the court proceedings; they are also not liable to the questions that may be raised about the legality of their
federal courts: A content analysis based on agency theory. PhD diss., The George Washington University.
With commercial dealings on the rise in Australia and globally, so too are the complications. If some sort of codification is not established and built from the principals that already exist, commercial opportunities could be in jeopardy due to the uncertainty and risk of not having a clear outline or set of laws to cover contracts generally.
moral duty and obligations. Such as employee theft and fraud, dishonesty like Bernard Ebbers a
Twomey, D. (2013). Anderson's Business Law and the Legal Environment, Comprehensive Volume [VitalSouce bookshelf version]. Retrieved from http://digitalbookshelf.southuniversity.edu/books/9781285696683/id/L35-1-7
E.G. Lorenzen, Causa and Consideration in the Law of Contracts (1919). Faculty Scholarship Series. Paper 4560.
Frank A. Easterbrook, ‘Legal Interpretation and the Power of the Judiciary’ [1984] 7 Harv. J.L. Pub. Pol’y 87 http://heinonline.org/HOL/LandingPage?collection=journals&handle=hein.journals/hjlpp7&div=18&id=&page= accessed 14 February 2012. J. A. Holland & Julian Webb, Learning Legal Rules, 6th edn, Oxford 2006, pp. 113-117.
An agency relationship is formed between two parties when one party (the agent) agrees to represent another party (the principal). Normally, all employees who deal with third parties are considered agents. Principal-Agent relationships are defined as the understanding that the agent will act for and on behalf of the principal. (Cheeseman) The agent assumes an obligation of loyalty to the principal that he will follow the principal’s instructions and will neither intentionally nor negligently act improperly in the performance of the act. An agent cannot take personal advantage of the business opportunities the agency position uncovers. A principal-agent relationship is fiduciary, meaning these obligations bring forth a fiduciary relationship of trust and confidence. As such, an agency relationship is governed by employment law.
A contract is an agreement between two parties in which one party agrees to perform some actions in return of some consideration. These promises are legally binding. The contract can be for exchange of goods, services, property and so on. A contract can be oral as well as written and also it can be part oral and part written but it is useful to have written contract otherwise issues can be created in future. But both the written as well as oral contract is legally enforceable. Also if there is a breach of contract, there are certain remedies for that which are discussed later in the assignment. There are certain elements which need to be present in a contract. These elements are discussed in the detail in the assignment. (Clarke,
Friend, Celeste. "Social Contract Theory [Internet Encyclopedia of Philosophy]." Internet Encyclopedia of Philosophy. Hamilton College, 15 Oct. 2004. Web. 01 Oct. 2011. .
These three classifications of law affect both business and society, through not only the guidelines defining what is and is not a crime, but also through protection for both. The examples above talked about a car hitting an individual. If it were taken one step further and the car belonged to a business, there are laws in place safeguarding the culpability of the business from the incident since though it is a company car, the company itself was not driving it.
Firstly in this report, I will be giving the different definitions of rule of law by different philosophers; secondly, I will be applying the rule of law to the English Legal system and thirdly I will be explaining separation of powers with a focus on the impartial judiciary. Finally, I will be using cases to support every detailed point given.