Case studies are distinct research methods incorporated within the field of social science. Case studies require the exhaustive evaluation in alignment with the studying of a person, a small group of individuals, a single situation, or a specific case. Case studies are developed to reveal a correlation between two factors; case studies are incorporated into a social phenomenon or a legal matter to reveal whether or not a causal relationship can be proven. For example, a common social case study may reveal that a lot of criminals tend to look at or purchase pornographic material.
Formation of a Contract Case Study On June 1st, Priceslash Supermarkets advertise the opening of their new Basingstoke branch in the local newspaper, as follows: Sarah arrives outside the main entrance to the store at 6 a.
She sees a notice on the entrance door, which states: When Sarah enters the store at 8 a. Sarah is very cross, and leaves the store without buying anything. This case study should enable students to appreciate that there may not be a clear-cut solution to a legal problem. Is the advertisement an offer or an invitation to treat?
The general rule is that advertisements are invitations to treat Partridge v Crittenden This advertisement may fall into the Carlill v Carbolic Smoke Ball Co category, thereby making it an offer.
Do you have to buy something or merely be the first through the door? If the advertisement is an offer, there must also be acceptance.
Communication of acceptance is usually required, but the offeror may waive it, in favour of the performance of a specified task Carlill. So, being the first customer could be acceptance. Was the offer withdrawn before acceptance? It can be revoked before acceptance Routledge v Grant But revocation must be communicated to offeree — it was, as Sarah saw the notice.
If there is offer and acceptance, consideration is also needed for a binding contract. This requires discussion of sufficiency and adequacy; benefit and detriment. The partnership agreement expressly states that the partnership be limited exclusively to the sale of hot food and beverages for consumption on or off the premises.
She told the bank that the money was to finance refurbishments to the tearooms but in fact she has spent the money on clearing her personal debts incurred in the disastrous purchase of DownTown Manor and a well-earned holiday. The bank is now refusing to honour a cheque that Joanna has drawn to pay the electricity bill for the tearooms on the basis that the partnership bank account is overdrawn to the limit.
What rights and liabilities do Jim, Joanna and Susan have with regard to their partnership? Hide answer Discussion Students should firstly outline the definition of a partnership.
The partners will not be protected by limited liability and each partner will be liable for the partnership debts to the full extent of their personal wealth. It is possible for one of the partners to limit their liability under the Limited Partnerships Act but this would require the partner to play no role in the management of the firm.
There is no evidence of a limited liability partnership here. Each partner will act as an agent of their fellow partners.
This means that a contract made by any partner will be binding on the others providing that they have some authority to make the contract. In this case, the partners have express actual authority to make contracts in accordance with the partnership agreement. Implied actual authority arises where the agent or partner holds a certain position.
The implied authority comes from what a person holding that position would usually be permitted to do. However, the partners are still bound by the partnership debt as it was within her implied actual authority to borrow money on behalf of the Pleasant View Tea Rooms as all of the partners possess the same implied authority.
Jim and Joanna may also be able to wind up the partnership on the basis that Susan has acted in a way which is prejudicial to the partnership business.
Susan is therefore in breach of one of the fiduciary duties relating to partnership business. Jim's purchase of the artwork falls outside the express provisions of the partnership agreement which is for the provision of hot food and beverages.
The partnership agreement can be altered if all parties agree to the change and this can be inferred from conduct. If Jim, Joanna and Susan cannot pay the outstanding debts of the partnership, then they will become personally liable for the debt.
The debts of the partners are joint under s 9 Partnership Act This will mean that a claim may be made against their personal assets including homes, cars, etc. The Nature and Formation of Companies Case Study Kim and David Knight have recently quit their city banking jobs and are looking to establish a designer children's clothing shop in the popular town of Bacon.
They have already placed orders for the forthcoming seasons' fashions and have rented premises on Meadow Walk. They are now looking to set up their business as a limited company.
What will Kim need to do to set up the company and what will be the status of the pre-incorporation contracts?
The advantage should Kim wish to do this is that it will save her a great deal of time compared with self-registration.DescriAnswer all 4 questions. HA Business Law, Tri 3, 1.
Margaret owned an antique store that specialised in rare porcelain dolls. When she opened the business in , it was at a shop in an eastern suburb of Melbourne.
The Stanford Law School Case Studies Collection is an exciting innovation in law school teaching designed to hone students’ problem-solving skills and stimulate creativity.
Stanford Law School plans to unveil case studies collections in the areas of Law and Business in the coming years. The case study teaching method is adapted from.
FindLaw's Cases and Codes section contains resources and links for both state and federal laws. This includes resources pertaining to constitutions, statutes, cases and more.
Run a search for case summaries or select a jurisdiction to browse applicable laws. Mar 11, · In my business law class we have a case study and I am planning to defend the side of Trout Creek Grille, but I wanted to get your opinion!
What do you think? Do you have any case precedents that follow? Heres the case study: Cyndi Porter and some friends ate dinner one night at the Trout Creek Grille in the small Oregon town where she regardbouddhiste.com: Resolved.
Study Guide Business Law Principles and Practices SEVENTH EDITION (previously decided cases) is called stare decisis. • Law can be classified as civil or criminal law. Civil law protects the rights and property of profit from a business dealing.
c. business law. d. what is right or good for human beings in their everyday living. Business law is a broad area of law. It covers many different types of laws and many different topics. This lesson explains generally what business law is and how it's used.