Commercial Law

In: Business and Management

Submitted By tylercy
Words 1461
Pages 6
The contract of employment is often referred to as the contract of service which in reality is a sub-species of the contract of lease. The employee leases his labour and skill and gets remuneration in return.

Incidents of Employment contract-Vicarious Liability definitions
1. Vicarious liability refers to a situation where someone is held responsible for the actions or omissions of another person. In a workplace context, an employer can be liable for the acts or omissions of its employees, provided it can be shown that they took place in the course of their employment. 2. It is also a situation in which one party is held partly responsible for the unlawful actions of a third party. The third party also may or may not carry any share of the liability. Vicarious liability can arise in situations where one party is supposed to be responsible for (and have control over) a third party, and is negligent in carrying out that responsibility and exercising that control 3. Vicarious liability is a legal term that finds faults in a party that did not injure a person directly. A common situation is where a nurse injures a person and the court finds the hospital and the employer guilt of those damages.

Under federal anti-discrimination law an employer, regardless of their size, may be legally responsible for discrimination and harassment which occurs in the workplace or in connection with a person’s employment unless it can be shown that ‘all reasonable steps’ have been taken to reduce this liability. This legal responsibility is called ‘vicarious liability’. Many employers are unaware that they can be liable for a range of actions committed by their employees in the course of their employment - these can include bullying and harassment, violent or discriminatory acts or even defamation and breach of copyright. It's also possible to take…...

Similar Documents

Commercial Law

...Commercial Law- Commercial law is the body of law that governs the broad and sometimes vague areas of business, consumer transaction, and commerce. The application of commercial law has developed a specific set of laws that apply to commercial activities, pursuits, and transactions. This arm of civil law deals with issues both simple and complex that often relate to questions of both public and private sector laws. Commercial law governs sale and distribution of goods, and proper procedure for payment of transactions. Many nations operate under civil codes that are made of detailed statements regarding commercial law. In the United States (US), commercial law is regulated by Congress under the power granted to it to regulate interstate commerce, and by state governments under jurisdiction of police power. The commercial laws in the US were adopted from 17th century principles of the law merchant and were first incorporated into common law. The US federal government has attempted to have some form of unified commercial law in passing the Uniform Commercial Code (UCC). Domestically, commercial laws are of interest to consumers, as the laws are usually applied to regulate consumer law. In the US, the consumer credit industry is regulated under the commercial arm of statutory law. Credit is what allows a consumer to finance a purchase over time instead of paying the entire cost at the time of the transaction. Credit cards are a common form of consumer credit used by......

Words: 1673 - Pages: 7

International Commercial Law

...Name: University: Course: Instructor: Date: International Commercial Law Introduction International commercial law is the law regulating trade between different countries in the world. It acts as a regulatory agency and harmonizes all trade agreements between nations in the international trade that is made up of trade agreements between members subject to international trade. The main objectives of international trade law is to ensure that there is international trade relationship, helping in resolving disputes affecting trade, enforce the use of a common goal, provide the most efficient way of conducting international business, regulate trade and promote fair and free trade in the global market (Ingo 2012). However, if there is no law guiding certain part of international trade, then it is upon the parties to the trade to discuss the laws and policies to be used in such circumstances. The point of conflict in this case is usually the law that is to be used in solving the conflicts when they arise. In most cases, the implementation of world trade agreements is hampered by protectionalism policies taken by different countries while protecting their economies. This is because free trade also has negative economic effects on the country's industries and this is the reason why most countries prefer to protect their economies from time to time. Regional Trade Agreements have been on the rise and the numbers of regional trade agreements continue to increase in the recent...

Words: 2550 - Pages: 11

Commercial Law

...ASSIGNMENT ON COMMERCIAL LAW ASSIGNMENT ON COMMERCIAL LAW CHAPTER-1&2 CHAPTER-1&2 12.What are the effects of the memorandum and the article after they are registered THE LEGAL EFFECTS OF THE MEMORANDUM The Contractual Powers of a Company A Company or a Corporation is an artificial person created by law. It is a legal person capable of suing and of being sued. But the contractual powers of a company are limited in two ways : (i) natural possibility and (ii) legal possibility. (i) Natural Possibility The fact that a company is an artificial person leads to the result that a company must always enter into contract through agents, (ii) Legal Possibility A joint stock company cannot enter into any contract the object of which goes beyond the memorandum of association of the company. A statutory corporation cannot enter into any contract which is beyond the scope of its powers as laid down in the statute by which it was created Forms of Contracts and Deeds of a Company The Doctrine of Ultra Vires The Memorandum of Association determines the constitution and the powers of ‘the Company. It was observed by Lord Selbourne that the memorandum is the Company’s “fundamental and unalterable law”. ‘A Company is incorporated only for the objects and purposes expressed in the memorandum. Any act purported to be done by the Company which is beyond the scope of the functions of the......

Words: 2685 - Pages: 11

Commercial Law

...Running head: Commercial Law 1 Commercial Law and How It Presides Over Company Dealings Travis L. Summers Columbia Southern University BBA 3210 Commercial Law 2 Abstract For a lot of businesses moral principles is something to be made clear and administered by higher-ranking management. Consider the point of view for and in opposition to this type of direct oriented arrangement. In today’s the human race it is all too ubiquitous to see additional and supplementary populace ambitious to gain accomplishments at an ever growing velocity. Modern civilization can and without a doubt is tagged as insatiable and inconsiderate, through my general time spent in selling, I have stumbled upon many of these variety of citizens. Commercial Law 3 What exactly is labor laws, cyber laws and ethics associated with the commerce law and why are these laws so important is today’s society? We will discuss this question and determine, why these laws are important to business in the world today. We also will discuss a few significant steps that have been approved over the last decade to look after the workforce of businesses in this country and overseas. After we talk about the above we can discuss who gets the protection and who is not allowed the said protection. Then the discussion will turn to the diversity among a contracted individual and a full time employee. The first act is a law that came......

Words: 1817 - Pages: 8

Commercial Law

...March 2014 Commercial Law Midterm Uzair J. Kayani 1 COMMERCIAL LAW Midterm Exam (Take Home), Spring 2014 Instructions:  The first question is worth 50 points. Each remaining question is worth 10 points  The exam is open-book, open-notes. You should not need to consult anything other than the reader.  Exams are Due at 11:59 pm on Friday, 21 March 2014.  Email exams to . CC the TAs.  Good luck! 1. Zunaiza, Abeez, and Ramta pool their money to buy four tons of orange seeds from Rasta industries. They plan to plant a jointly owned property on Bedian Road that they purchased several years ago. They hope to eat the oranges grown on this property and sell the surplus at Khalis Food Market. The seeds will cost PKR 200,000. Zunaiza opens a bank account under the name “ZAR” (the first initials of each person’s name) and tells Abeez and Ramta to deposit money into it. Abeez and Ramta agree verbally to give Zunaiza PKR 50,000 each. Zunaiza puts PKR 100,000 of her own money into the ZAR account. The next day, all three visit Rasta industries and tell Kuzamata, a secretary at the company, that they will be placing an order for four tons of seeds within the next month.Two weeks later, Abeez gives Zunaiza a promissory note for PKR 50,000. Zunaiza deposits PKR 50,000 more of her own money into the ZAR account and holds onto the promissory note. She asks Abeez when Ramta will pay. Zunaiza is an intimidating questioner and starts yelling when Abeez...

Words: 2489 - Pages: 10

Commercial Law

...‫اجتهاد دمعة فلسطين‬ ‫‪Commercial Law I‬‬ ‫جـامعة البحرين‬ ‫كلية الحقوق‬ ‫ترجمة مقرر‬ ‫‪The Commercial Law‬‬ ‫512 ‪Law‬‬ ‫باجتهاد الطالبة دمعة فلسطين‬ ‫تمت الترجمة على أساس شرائح دكتور المقرر وليس على‬ ‫أساس صفحات الكتــاب‬ ‫1‬ ‫اجتهاد دمعة فلسطين‬ Commercial Law I ‫فهرس الترجمـــة‬ Subjects Chapter Tow nature of commercial law ------------------------Chapter Three sources of commercial law----------------------Chapter Four natural persons--------------------------------------Chapter Five other natural persons-------------------------------Chapter Six Legal Person---------------------------------------------Chapter Seven Commercial Title-----------------------------------Chapter Eight Commercial Registration--------------------------Chapter Nine Keeping commercial book------------------------Chapter Ten Avoiding Illegal Competition----------------------Part Three The business premises---------------------------------Part Four Commercial Transactions-------------------------------Part Two . Chapter Two Features Of Distinction--------------Part Two . Chapter Three Classes of Commercial-------------Transactions Page Num 3 01 10 33 45 31 10 17 77 33 93 013 004 2 ‫اجتهاد دمعة فلسطين‬ Commercial Law I Chapter Two Nature Of Commercial Law ‫طبيعة القانون التجاري‬ Definition of Commercial Law ‫تعريف القانون التجاري‬  In the absence of any established legal ‫عند غياب أي اصدار قانوني‬  definition of the term “commercial law”, many writers on the subject have put......

Words: 30104 - Pages: 121

Commercial Law

...Tutorial One Part A: The Birth of a Company Alf, Callum, and Gary all go to law school together. One night when cramming for exams, Callum laments out loud that the case reports on Westlaw were insufficient for helping to determine the ratio decidendi and the weight that Law Lords place on them when making their rulings. Gary, a whiz in computer science and algorithms, writes a program that can trace the cases found in a particular judgement and then map how often subsequent courts use those cases in their judgements. In practice, the program provides practitioners and students of the law valuable insight about the most relevant cases to discuss when making submissions to the court. Alf, who took economics and accounting as his first degree, draws up a business plan to help get the project off the ground. Callum becomes the front-man for soliciting sales of the app and begins travelling the country promoting it, which is now branded as the “Law Street Journal” to practitioners and legal academics. Callum enters into service level agreements with the University of Strathclyde and several high profile law firms to deliver and support the increasingly popular app at subscription prices of £5000 per annum. Alf begins to solicit investors and opens a bank account to put the money raised to help fund the development of the business. Unknown to Alf and Callum, Gary develops a computer program that scans all Westlaw judgements illegally mining data from their massive database of......

Words: 1306 - Pages: 6

Commercial Law

...A conflict occurs in commercial law when the rights of some people are heavier or regarded more important than that of others, principles of commercial law may take a different course. Decisions made by the judges will be in favor of one group that is a disadvantage to the other. In the case, St Albans City and District Council v International Computers Ltd the issue of limitation of liability was brought into question testing the extent that limitation can be granted.” The computer software company was at a loss as the judge summed up saying the loss falls on the computer company and not the citizens. His decision was protective of one party even though the law was not clear on the decision against International Computer Ltd ICL. The company’s software failed and did cost the council a lot, therefore, an argument of breach of contract and the argument that limitation of liability was unreasonable if the Unfair Contract Terms Act 1977 was used. The judge favored the taxpayers saving them from a burden of heavy taxes. Such a case creates a situation of conflict between the principles and the law as there was no clear indication of the software’s stance as a good or service. For example, some transactions may have taken place in circumstances that are not clearly a business and some parties may try to defend themselves with that fact. For example, in the case Stevenson v Rogers,” the defendant tried to argue that his sail of a boat to the plaintiff was not in the course of......

Words: 349 - Pages: 2

The Development of Commercial Space Law

...Development of Commercial Space Law MG261 Business Law II John S. Leonard Park University Abstract The commercialization of space progressed at a very slow and easily managed pace for the first four decades after humanity’s emergence into space. Now with the increased interests in space by private sector entities the factor of control has been altered to a point that must be addressed. The radical shift from government based exploration to private sector exploration and development of space based technologies can be attributed to the change in policies by the most influential nations that operate within outer space. The promotion of private industry by the United States of America since the political party lead by President Obama took charge of the government has opened the door for funding and ease of accessibility into outer space. With the potential for profit high, the number of private entities to develop space exploration and exploitation technologies will continue to grow and with this increase comes a need to overview to current space law in order to ensure that it is being implemented accordingly or if it needs to be restructured. The Development of Commercial Space Law Law is defined as, “the principles and regulations established in a community by some authority and applicable to its people, whether in the form of legislation or of custom and policies recognized and enforced by judicial decision” (Law). The laws that are......

Words: 2241 - Pages: 9

Commercial Law

...COMMERCIAL LAW Commercial law study is crucial to business career in master of professional accounting and business, and will give a boost to our profession. Commercial law also known as business law is the category of civil law that sometimes involves criminal law which applies the rights, duties and obligations of all legally recognized persons, including business which are engaged in commerce, commodities, trade, and sales and other businesses. Accounting and Finance students can get it useful to study the laws governing financial markets and investments, Today's accountants are important members of the management team, using their huge knowledge of business, their communication techniques and people skills, and their well-developed technical accounting skills to add value to the business through best decision making and support. It is very important, if we want to run a legal and successful business. Even if we start a small business, we still need to know the process of how to get a business started in the first place i-e licensing, certification etc. Once we got our business running, we will need to know how to protect our business from things like lawsuits, creditors and other government agencies which can affect our business. Commercial law study focuses on real life, business-orientated problems. Studying commercial law will give us an array of skills that are valued highly in business. It will develop us analytical & critical thinking skills, improve......

Words: 412 - Pages: 2

Australian Commercial Law

...Australian Commercial law Name Institution Course Date   Question 1 Introduction This is a case emanating from the corporations Act 2001 where the authorized financial advisor acted unprofessionally according to the Australian corporations Act. The breach of law led this financial advisor to jail. The judge issued his verdict basing on the provisions in the corporations Act 2001 to safeguard the plaintiffs from the negative impacts caused by the financial advisor Mr. weaver who gave false information to his clients. Motives of the financial advisor (Mr. Weaver) From the case, we are informed that Mr. Weaver (the defendant) pleaded guilty for 3 counts of failing to have a reasonable basis for the advice he gave and one count of making a false or misleading statement. He admitted that the advice he offered to his clients did not have a reasonable basis thus, it is as if he offered blind advice that affected the clients negatively. The clients followed his advice presuming that he is a trusted professional who has extensive knowledge in matters of financial investments. The defendant Mr. Weaver did not have any ulterior motive by giving this false advice but seems he acted this way due to assumptions. He did not take time to analyze the underlying facts so as to come up with credible advice that would benefits his clients; thus, he acted carelessly. Legal tools used by Judge Wall QC In making his ruling, judge Wall capitalized on section 1041E of the Australian......

Words: 2124 - Pages: 9

Commercial Law

...earn the minimum wage of 1260 colones per month, which is hardly enough to satisfy the demands of essential food of a family (Brown et al., 2003, p. 284). According to the formula calculated by National Labor Committee, there is a monthly wage: 4556 colones. 87.5 percent of wages to meet the fundamental need of a family that have 4.3 individuals at the same time the remaining 12.5 percent of them to be pre-stored (Brown et al., 2003, pp. 284-285) for future medical treatment, education, and retirement. From the view of law, Diviney et al. emphasize that transnational companies build their manufacturing factories in developing countries, except to shrink the cost of labor, which facilitate them to escape the supervision of “human rights violations” (as cited in Azizul Islam & Jain, 2013, p. 103). Anon et al. also note that although Australia government and companies pass the “fair wages law”, “Australian garment and retail companies” will not comply with the law in subcontracting companies in developing countries (as cited in Azizul Islam & Jain, 2013, p. 111). Therefore, transnational corporation, through illegal acts to achieve minimum labor cost in developing countries, cannot let employees live a better life even if they work very hard. Multinational companies employ child labor in developing countries, which has adverse impacts on children’s health. As Machado, Milcent, and Huguenin (2013) claim, “Child labor could also negatively affect children’s current or......

Words: 2010 - Pages: 9

Commercial Law Assignment

...Commercial Law Assignment 1. In this essay will discuss the following case which involves two parties, Alan the passionate drinker and Ben the salesperson. Alan is an individual whom only drinks vodka that is distilled in Russia and Ben the salesperson, who sold him three bottles of liquors claimed it, is distilled in Russia which is untrue. Alan and his friends drank three bottles of liquor and got ill. In this discussion will determine if there was a legal binding agreement which is, contract formed between both the parties Alan and Ben. There are four elements to form a contract (Burton's Legal Thesaurus, n.d. para.1). The first element will discuss about legal capacity. Both Alan and Ben are in legal age (above 18 years old) and furthermore Alan and Ben are not under the influence of intoxication, nor are they both suffering from any mental illness. Therefore they are not considered as minors and are knowledgeable of understanding the nature of the contract and possess legal capacity. The second element will discuss on agreement, which consist of offer and acceptance. In order to impose this element there must be a party making an offer, and another party agreeable to accept the offer. The offeror in this case will be Ben and the offeree will be Alan as follows. Usually goods which are displayed at a shop are not an offer but an invitation to treat, whereas in this case it is otherwise because Ben showed him those drinks and explained the backgrounds between them....

Words: 2063 - Pages: 9

Commercial Law

...Everyday Low Price Discount market | Fundamental of Commercial Law | Hamdan S. Alsalmi K-21420112 | Dr. Nidhi Oswal Dr. Nidhi Oswal Contents No. | Title | Page | 1 | Introduction | 2 | 2 | Memorandum of Association | 2 | 3 | Formation and breach of contract during sale and purchase product | 3 | 4 | Employee resignation / termination from the job | 3 | 5 | Products / Services warranty and safety | 3 | 6 | UAE I.P lows protection | 4 | 7 | Conclusion | 4 | 8 | References | 5 | Introduction As UAE's market shows significant improvement, society tends to seek for quality products with cheaper price. The plan is to open a new discount market for daily basis products and appliances, the company will be under the name of EDLP "Everyday Low Price" LLC. The company will start with small capital around 280,000 AED and this clarify that this company's category is under small organization "Limited Liability Company" as Art 227. Memorandum of Association Drawing a memorandum of company must include the following: 1. Name clause Everyday Low Price "LLC" 2. Object clause * Satisfaction of customer needs * Maximize profit * Provide goods for all ages * Horizontal and vertical growth * Maximize large number of customer and maintaining the number * Build and sustain CRM 3. Registration office clause Main branch will be located in Khalifa City close to Airport road. Customer contact number is: *......

Words: 997 - Pages: 4

International Commercial Transactions Law

...UNITED CITY MERCHANTS (INVESTMENTS) LTD. and GLASS FIBRES AND EQUIPMENTS LTD. v ROYAL BANK OF CANADA (INCORPORATED IN CANADA) AND VITROREFUERZOS S.A. (FIRST THIRD PARTY) AND BANCO CONTINENTAL S.A. (SECOND THIRD PARTY) [On appeal from UNITED CITY MERCHANTS (INVESTMENTS) LTD. v. ROYAL BANK OF CANADA] HOUSE OF LORDS [1983] AC 168, [1982] 2 All ER 720, [1982] 2 WLR 1039, [1982] 2 Lloyd's Rep 1 20 May 1982 LORD DIPLOCK. My Lords, this appeal, which is the culmination of protracted litigation, raises two distinct questions of law which it is convenient to deal with separately. The first, which I will call the documentary credit point, relates to the mutual rights and obligations of the confirming bank and the beneficiary under a documentary credit. It is of general importance to all those engaged in the conduct and financing of international trade for it challenges the basic principle of documentary credit operations that banks that are parties to them deal in documents only, not in the goods to which those documents purport to relate. The second question, which I will call the Bretton Woods point, is of less general importance. It turns upon the construction of the Bretton Woods Agreements Order in Council 1946 and its application to the particular fact of the instant case. All parties to the transaction of sale of goods and its financing which have given rise to the appeal were represented at the original hearings before Mocatta J. The sellers and their own merchant bankers to......

Words: 4323 - Pages: 18