Business Law 5th Edition Robert W. Emerson J.D. - Solutions

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Discuss what is meant by common mistake, mutual mistake, and unilateral mistake in the law of contract and explain the effect mistake will have on a contract.
a) Hari took a lease for ten years of a garage from British Petrol plc. The lease stated that Hari could only sell petrol provided by British Petrol plc. Hari has now discovered he could buy Ecco petrol cheaper. Advise Hari if he is bound by the solus agreement with British Petrol plc.b) Gerald is
a) Hari took a lease for ten years of a garage from British Petrol plc. The lease stated that Hari could only sell petrol provided by British Petrol plc. Hari has now discovered he could buy Ecco petrol cheaper. Advise Hari if he is bound by the solus agreement with British Petrol plc.b) Gerald is
Dr Know, a well-known academic, is due to speak at the Annual Brighton Small Business Confer- ence. She arrives early and books into the Ship Hotel, owned by Leisure Ltd. She has stayed there on a number of occasions in previous years. Her room is not ready so she asks the receptionist if she can
Explain the effects of the Unfair Contract Terms Act 1977 and the Consumer Rights Act 2015 in relation to exclusion clauses.
Distinguish between:a) A puff, a representation, and a term.b) A condition, a warranty, and an innominate term.
Anthony entered into a contract with Bruce to refurbish a block of 100 flats; the work was to be completed in three months. The contract stated that late completion would be charged at 5,000 per day. Anthony sub-contracted with Clive to install the fitted kitchens and bathrooms in each of the flats
d) While Paul is away on holiday his neighbour, Jim, mends Paul's garden fence. When Paul returns he is so pleased he promises to give Jim a case of French wine. This was two weeks ago and Jim has still not received any wine. Has a contract been made between Paul and Jim?
a) Every week, Amy and Jim and their daughter, Sophie, enter the National Lottery, each contribut- ing 1 for three lucky dip numbers. Sophie always fills in the form, pays over the money to the newsagent, and keeps the ticket. Last week five of their numbers came up and the ticket paid out 5,000.
Explain what is understood in contract law by the statement 'Consideration must be sufficient but need not be adequate.
In social and domestic agreements what presumption is made with regard to intention to create legal relations? How does this differ from the approach to intention in business agreements? Give examples from case law.
Jamie has just opened a new themed 1970s wine bar and reads in the paper about the new 'Alcoholic Drinks Bill' which appears to forbid the sale of alcohol in certain public outlets. The bill has had a First Reading in the House of Commons. Explain to Jamie the stages the new bill will have to go
Parliament passes the Safety at Work Act 2018 (fictitious) giving the power to the Secretary of State to pass regulations (delegated legislation) relating to workplace safety. The Act was passed to com- ply with an earlier EU law directive. The Secretary of State passes a regulation making it an
Explain the concept of judicial precedent in the English legal system. In England and Wales, both statute and common law exist together: which of these is a more superior form of law? Explain your answer.
What are the three main sources of law in England in the 21st century? Which do you think is the most important and why?
Raj steals Asha's car, drives it to a remote part of town, and sets it on fire. Raj is caught by the police and prosecuted for theft of the car. Asha wants to sue Raj for compensation for the damage to her car. Advise Raj in which court or courts he may have to face trial and explain to Asha how to
Explain what is meant by arbitration, mediation, and conciliation.
Outline the advantages and disadvantages of tribunals over the court system.
c) Southland Bank plc is suing Useless Ltd for 14,000.d) Adam is being prosecuted for manslaughter (an indictable offence).e) Kevin is being prosecuted for careless driving (a summary offence).
Explain clearly which court would deal with the following matters:a) Ace plc is suing Fox plc for 20 million. The case involves complex commercial law issues.b) Virju is suing Beejal for
Explain what is meant by the term 'common law'.
Consider the following cases and decide whether criminal or civil proceedings would result, and make a note of the parties in the action.b) Ali is being prosecuted for careless driving.b) Joe returns a faulty stereo to the shop where he bought it but the shop manager refuses to give him a refund.c)
Explain the effects of the Unfair Contract Terms Act 1977 and the Unfair Terms in Consumer Contracts Regulations 1999 in relation to exclusion clauses.
Distinguish between:a) A puff, a representation, and a termb) A condition, a warranty, and an innominate term
a) Hari took a lease for 10 years of a garage from British Petrol plc. The lease stated that Hari could only sell petrol provided by British Petrol plc. Hari has now discovered he could buy Ecco petrol cheaper. Advise Hari if he is bound by the solus agreement with British Petrol plc.b) Gerald is
Dr Know, a well-known academic, is due to speak at the Annual Brighton Small Business Conference. She arrives early and books into the Ship Hotel, owned by Leisure Ltd. She has stayed there on a number of occasions in previous years. Her room is not ready so she asks the receptionist if she can
Explain what is understood in contract law by the statement Consideration must be sufficient but need not be adequate.
In social and domestic agreements what presumption is made with regard to intention to create legal relations? How does this differ from the approach to intention in business agreements? Give examples from case law.
Anthony entered into a contract with Bruce to refurbish a block of 100 flats, the work was to be com- pleted in three months. The contract stated that late completion would be charged at 5,000 per day. Anthony sub-contracted with Clive to install the fitted kitchens and bathrooms in each of the
d) While Paul is away on holiday his neighbour, Jim, mends Paul's garden fence. When Paul returns he is so pleased he promises to give Jim a case of French wine. This was two weeks ago and Jim has still not received any wine Has a contract been made between Paul and Jim?
a) Every week, Amy and Jim and their daughter, Sophie, enter the National Lottery, each contributing 1 for 3 lucky dip numbers. Sophie always fills in the form, pays over the money to the newsagent. and keeps the ticket. Last week five of their numbers came up and the ticket paid out 5,000. Sophie
'Acceptance must be communicated to the offeror by the offeree'. Discuss what this phrase means and consider any exceptions to the rule.
Fully explain the difference between 'an offer' and 'an invitation to treat. In contract law, is an advertise- ment in a newspaper treated as 'an offer' or 'an invitation to treat?
Andrea decides to sell her car and puts a notice on the back windscreen of the car. The notice reads. This car is for sale, excellent condition, low mileage, bargain at 2.000. Please phone Brighton 678123 or call in at 8 Hove Street On Monday morning Bob telephones Andrea and offers to buy the car
i) Lin books a train to Exeter using Simplerail's internet service. Although she put in her credit card details when she booked the train, she has had no confirmation of her booking.
h) Paul sees a lawn mower in a shop window with a price tag of E100. He says that he will buy the lawn mower but the shop assistant says that the price tag should read 200 and refuses to sell it to him for
David agrees to pay
James refuses to accept
David offers to pay
Consider whether a valid contract has been formed in the following circumstancesa) Iraj sees the following advertisement in his local newspaper: "For Sale: Rose Bushes only 12.99 for five. Hurry-limited supplies. Send cheque to Beautiful Gardens Ltd., PO box 123 Iraj sends a cheque but is told the
'Acceptance must be communicated to the offeror by the offeree! Discuss what this phrase means and consider any exceptions to the rule.
Fully explain the difference between 'an offer' and 'an invitation to treat. In contract law, is an advertise- ment in a newspaper treated as an offer' or an invitation to treat?
Andrea decides to sell her car and puts a notice on the back windscreen of the car. The notice reads, 'This car is for sale, excellent condition, low mileage, bargain at 2.000. Please phone Brighton 678123 or call in at 8 Hove Street. On Monday morning Bob telephones Andrea and offers to buy the
i) Lin books a train to Exeter using Simplerail's internet service. Although she put in her credit card details when she booked the train, she has had no confirmation of her booking.
h) Paul sees a lawn mower in a shop window with a price tag of E100. He says that he will buy the lawn mower but the shop assistant says that the price tag should read 200 and refuses to sell it to him for
David agrees to pay
James refuses to accept
David offers to pay
Consider whether a valid contract has been formed in the following circumstances.a) Iraj sees the following advertisement in his local newspaper: For Sale: Rose Bushes only 12.99 for five Hurry-limited supplies Send cheque to Beautiful Gardens Ltd., PO box 123'. Iraj sends a cheque but is told the
Jamie has just opened a new themed 1970s wine bar and reads in the paper about the new Alcoholic Drinks Bill' which appears to forbid the sale of alcohol in certain public outlets. The bill has had a First Reading in the House of Commons. Explain to Jamie the stages the new bill will have to go
Parliament passes the Safety at Work Act 2015 (fictitious) giving the power to the Secretary of State to pass regulations (delegated legislation) relating to workplace safety. The Act was passed to comply with an EU law directive. The Secretary of State passes a regulation making it an offence for
Explain the concept of judicial precedent in the English legal system. In England and Wales, both stat- ute and common law exist together. which of these is a more superior form of law? Explain your answer
What are the three main sources of law in England in the 21st century? Which do you think is the most important and why?
Explain clearly which court would deal with the following matters.a) Ace plc is suing Fox plc for 20 million. The case involves complex commercial law issues.b) Virju is suing Beejal for 800 and his case is due to be heard by a District Judge.c) Southland Bank plc is suing Useless Ltd for 14,000
Raj steals Asha's car, drives it to a remote part of town and sets it on fire. Raj is caught by the police and prosecuted for theft of the car. Asha wants to sue Raj for compensation for the damage to her car. Advise Raj in which court or courts he may have to face trial and explain to Asha how to
Explain what is meant by arbitration, mediation, and conciliation.
Outline the advantages and disadvantages of tribunals over the court system
Explain what is meant by the term common law
Consider the folowing canes and decide whether criminal or civil proceedings would mult, and make anate of the parties in the actiona) All is being prosecuted for careless drivingb) joems faulty stereo to the shop where he bought it but the shop manager infuses to give him a refund Kurtishica 70
of the Sale of Goods Act 1979.4. 'Ownership of goods passes when the parties intend it to pass', but when does ownership pass in a business to business sale of goods contract if no intention of the parties is evident?
minutes are missing. Advise Ali.3. Explain the terms which are implied into contracts for the sale of goods by ss 13, 14(2), 14(3), and
miles. Ali uses the bike every day for five months but notices that the battery is no longer retaining the charge and runs out after five miles. Ali also pays to download a film but when he watches the film He discovers that the last
per cent polypropylene. Advise Cathy if any of the terms which are implied into contracts under the Sale of Goods Act 1979 or the Consumer Rights Act 2015 may have been breached in the contract for the sale of the carpet and the contract for the sale of the skis 2. Ali, a student, buys an electric
per cent wool. Cathy also treats herself to an expensive set of new skis from Alpine Ltd. The first time Cathy uses the skis they snap into pieces. On her return from holiday. Cathy discovers the office carpet that has been laid is pink and
per flat provided they were finished before the completion date. Clive carried on with the contract and completed the work in time. Anthony is now refusing to pay him the additional money. Advise Clive.3. In social and domestic agreements what presumption is made with regard to intention to create
flats; the work was to be com- pleted in three months. The contract stated that late completion would be charged at 5,000 per day. Anthony sub-contracted with Clive to install the fitted kitchens and bathrooms in each of the flats for a fixed price of 100,000. After a month it became obvious to
please. I'm part of the Blue Flag rescue service. I have a garage just down the road.' Explain to Alice if she is legally obliged to pay the 100.d) While Paul is away on holiday his neighbour, Jim, mends Paul's garden fence. When Paul returns he is so pleased he promises to give Jim a case of
lucky dip numbers, Sophie always fills in the form, pays over the money to the newsagent, and keeps the ticket. Last week five of their numbers came up and the ticket paid out 5,000. Sophie refuses to share the 5,000. Advise Amy and Jim.b) Discovering the kitchen on fire, Bella telephoned the fire
for
Hove Street but Andrea is out, so she puts a note through the letterbox stating, "I have had a good look at your car-it is just what I want-l enclose a cheque for the full asking price of 2,000 Explain to Bob, Carl, and Debs if they have a valid contract to purchase Andrea's car, giving full
Hove Street. On Monday morning Bob telephones Andrea and offers to buy the car for 1,500. Andrea refuses to accept his offer Later that day Bob changes his mind about the car and telephones Andrea She is out so he leaves a message on her answerphone saying: "I agree to give you the full asking
and refuses to sell it to him for 100. i) Lin books a train to Exeter using Simplerail's internet service. Although she put in her credit card details when she booked the train, she has had no confirmation of her booking.2. Andrea decides to sell her car and puts a notice on the back windscreen of
million. The case involves complex commercial law issues.b) Virju is suing Beejal for 800.c) Southland Bank plc is suing Useless Ltd for 14,000.d) Adam is being prosecuted for manslaughter (an indictable offence).e) Kevin is being prosecuted for careless driving (a summary offence).2. Outline the
1. Consider the following cases and decide whether criminal or civil proceedings would result, and make a note of the parties in the action.a) Ali is being prosecuted for careless drivingb) Joe returns a faulty stereo to the shop where he bought it but the shop manager refuses to give him a
Suppose that American companies buy all of their rhubarb from companies in Guyana. The government of Guyana, in response to U.S.-imposed trade restrictions, is attempting to buy out all of the rhubarb-farming companies in Guyana in order to monopolize the rhubarb market and charge high prices to
Harry’s Hats currently competes with Charlie’s Caps in the American straw hat market. Sahara Straw, an Egypt-based company, currently exports straw to both companies for use in production. If Sahara sells straw to Harry’s at one-half the price of what it sells to Charlie’s (to help
The Juarez Company of Mexico and Vargas Industries of Brazil, sell each other their respective products. What aspect of these sales is most typically governed by a bilateral treaty between their countries?
Rob Resident and Mark Mower enter into a written contract in which Mark is to mow Rob’s lawn. There is no written mention of the time of day the lawn is to be mowed, or the type of lawnmower to be used. In case of a dispute, how might the contract be interpreted in(1) a U.S. court, (2) a Japanese
Will an employer be punished under the Immigration Reform and Control Act of 1986 (IRCA), even if he honestly does not know that his employee is an illegal alien?
What did GATT accomplish?
State at least three organizational formats for doing business abroad
Name three types of non-tariff barriers.
Name two purposes of the Export Trading Company Act.
What is the exception to the sovereign immunity doctrine?
State two legal doctrines courts may invoke in declining to review the actions of a foreign government.
Name the major sources of international business law.
Emmet Employer hires a number of young people to be summer camp counselors and to live and eat at Emmet’s camp. Name at least five items related to these counselors that Emmet may deduct as business expenses.
Tamiko Taxpayer has a total annual income of $102,000 and an adjusted gross income of $90,000. Assume that her exempted income, based on four dependents, is $15,000. Her home mortgage interest, charitable contributions, local property taxes, and other deductible expenses total $17,000. Her tax
An employer’s cash gifts to its employees are considered part of the employee’s salary and are a deductible expense for the employer. True or False?
Which method of accounting for income and expenses is more complicated, the cash method or the accrual method?
What penalty may the employer incur for failing to respond to a past due notice about taxes owed by an employee?
Until the end of a full tax year (e.g., for a calendar year, from January 1, 2010 through December 31, 2010), businesses can keep for their own use the tax money withheld from their employees’ paychecks. True or False?
Name several other types oftaxes.
What are two important taxes for purposes of raising state and local government revenues?
Name two functions of the IRS.
For each activity undertaken without the permission of any copyright holder, state whether it is likely to be a “fair use”:(a) An impromptu, unpaid speech quoting two lines from a recent movie.(b) Photocopying for a profitable resale to others ten pages out of a 1,500-page textbook.(c) Selling
Irma Inventor invents something she calls “portavision.” It works on exactly the same principles as does broadcast television. To make it“doubly portable,” Irma attaches wheels to her portavision set so that it is easily moved. Will Irma receive a patent on her portavision process and/or
Credit information about a particular debtor may not be shared among different creditors without the written approval ofthe debtor. True orFalse?
Name at least four federal laws governing computers and privacy.
Name several types of crimes and torts that can be committed via computer.

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Business Law 5th Edition Robert W. Emerson J.D. - Solutions

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