MJC/Barney’s-NSH/Hermès: Applicable law: • Bonebrake: The handbags are the predominant thrust of the agreement‚ and they fit in a shopping cart similar to UCC Coffee cans. UCC applies. §2-105. Enforceability: Offer §2-104(1): o NSH’s owner manifested his willingness to bargain when he met with buyers from MJC. Moreover‚ he said‚ “I am happy to have you buy all the bags we make for $8‚000 each‚ just as we have done for the past several years.” Acceptance §2-104(1): o The head buyer from MJC accepted
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1. Assume that the state of Ohio passed a hazardous waste statute‚ seeking to protect the general public and workers. The state statute did not violate the Commerce Clause because it imposed no restriction on interstate commerce. Both the state statute and the federal Occupational Safety and Health Act (OSHA) established job safety standards and specified worker training and employer licensing‚ but the requirements differed. Which statute(s) Ohio corporations had to obey? Pick the best ANALYSISwer
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States District Court for the District of Kansas found in favor of the plaintiff and awarded Transamerica Oil Corporation $196‚577.62. The defendant appealed the court’s ruling December 21‚ 1983. Defendant claimed that the action was barred by the statute of limitations and that Brown expressly agreed to a limitation of liability and a limitation of remedies based on the information printed on the invoices. Facts Transamerica’s primary business is in drilling and completing oil and gas wells. Transamerica’s
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British monarch as the Australian head of state. Australian independence has been reached through largely informal progress with key moments being legal and political milestones enshrined in the statutes of the United Kingdom (UK) and Australia respectively. Examples of these statutes include the Statute of
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article comprises the problem of the relevance of different sources of international law stated in the Article 38 of the Statute of the International Court of Justice (Statute) in their ability to appear as a solid base for regulation of the issues connected with human rights and freedoms. Therefore‚ authors claim that although in “many situations treaty law (I (a) Article 38 of the Statute) provides solid and compelling legal foundation”‚ to rely on conventions alone would only do harm to the system of
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Case Brief A.4 GNAZZO v. G.D. SEARLE & CO. 973 F.2d 136 (1992) U.S. Court of Appeals‚ Second Circuit Pierce‚ Circuit Judge Facts: On November 11‚ 1974‚ Gnazzo had an intrauterine device (IUD) inserted in her uterus for contraceptive purposes. The IUD was developed‚ marketed and sold by G.D. Searle & Co. (Searle). When Gnazzo’s deposition was taken‚ she stated that her doctor had informed her that “the insertion would hurt‚ but not for long‚” and that she “would have uncomfortable and probably
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of English law is also applicable to the extent permitted in Malaysia. The principles of English law is contained in the common-law and equity of England. Application of the principles of English law is resulting in letter and spirit. It is implied when trying to interpret a court order to judge the case based on "justice and rights" as indirect adopt English law [Wu Min Aun - The Malaysian Legal System‚ pp. 99]. In addition‚ the principles of English law has been (by statute) to be adopted as a source
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unwritten law comprises the following: - i. Principles of English law applicable to the local circumstances. ii. Judicial decisions of a superior courts e.g. the High Courts‚ Courts of Appeal and the Federal Court. iii. Customs of the local inhabitants which have been accepted as law by the courts. iv. Islamic law UNWRITTEN LAW – ENGLISH LAW English law comprises of the common law‚ the rules of equity and statutes :The common law is the unwritten law which was developed by judges in England
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Tobacco Corporation‚ G.R. No. 141309‚ June 19‚ 2007 - A general statute is one which embraces a class of subjects or places and does not omit any subject or place naturally belonging to such class. A special statute‚ as the term is generally understood‚ is one which relates to particular persons or things of a class or to a particular portion or section of the state only. A general law and a special law on the same subject are statutes in pari materia and should‚ accordingly‚ be read together and
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How I went about it Description of the Organisation. Company background. Who we are and what we do Site details Description of the site Legal Environment in which the organisation works. Applicable types of law Statute Law A break down of applicable legislation think outside the box Common Law We also have responsibilities under common law these include: This again lots will apply Report Main Body 2.1 Our existing Health and Safety systems
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