Abstract
This paper examines and analyzes pre-contractual misrepresentation, and notes that there is little choice in available remedy for the innocent recipient of a pre-contractual misrepresentation unless negligence or fraud are involved.

Abstract
This essay provides an overview of an offer in a contract setting, including the requirements of a contract, the identity of the parties, the essential requirements of an offer, the identity of the parties and price term, the requirement of communication, the revocation of offers, and the expiration of offers. The essay also provides a description of means of controlling an offer.

Tags:contract, offer, promise

Abstract
Introduction
Software License Agreements, within the "Tort of
Negligence", and Implied and Express Terms
Defective Software and the Economic and Potential
Liabilities
Conclusions

From the Paper
"Computers and IT have become embedded into our daily lives. Incompetence of a system or its failure can lead to adverse effects on people's lives and this is where software producers have to inadvertently take "responsibility" of the systems they build and the software that operates them. Any economic loss or physical harm cannot be excluded from a contract, unless it is "reasonable" and "rightfully justified""

Tags:it, law, software

Abstract
The paper examines the notion of a fundamental breach of contract in maritime and shipping law and relates that not only is the carrier simply not compensated for the specific action he failed to fulfill in a satisfactory fashion, but all future terms of the contract are null and void. The paper looks at the current Hague Rules and its the three specific cases of fundamental breach or rupture of the contract. The paper focuses on geographical deviation and discusses how contemporary interpretations of deviance from contracts vary widely between nations. Finally, the paper looks at the SCOPIC clause and at the International Convention on Salvage that established compensation for the salvor's expenses if, thanks to the efforts of the salvor, environmental damage was minimized or prevented.

From the Paper
"Contemporary interpretations of deviance from contracts do vary widely between nations, however, despite the existence of international treaties and the relatively uniform acceptance of the Hague Rules. For example, because America is "historically a shipper rather than carrier nation" its courts have been seen as particularly "intent on preventing the goods from being exposed to greater risks than had been agreed" (Chapter 5, p.11). American courts have been notable for its particularly vigorous enforcement of deviation clauses. The deviation doctrine as interpreted by American courts have held that almost any type of "voluntary and unexcused departure from the intended course of the voyage 'ousted' the contract of insurance, discharging the cargo underwriters totally for any loss occurring subsequently" (Chapter 5, p. 11). American maritime courts are also extremely rigorous in enforcing quasi-deviations, such as deck carriage, over-carriages and delays in shipping (Chapter 5, p. 11). The Carriage of Goods by Sea Act (COGSA) establishes a $500 limitation upon losses, except when quasi-deviations and deviations are an issue, so the financial loss is often considerable for carriers found to be in violation of Hague Rules."

Tags:environment, compensation, Hague, Rules, cargo, routes

Abstract
This case study aims to provide advice concerning the contractual issues around the JCT IBC 2005 contract. The author creates a scenario where a university is the client who has requested some advice and further clarification concerning the contractual difficulties that have been encountered. The paper relates the background of the situation - the client had deferred possession of the site to the contractor under the terms and conditions as set out the JCT IBC (2005) contract which resulted in the contractor's request to claim for direct loss and expense. The author addresses the issues of direct loss and expense, and adjustment of the completion date as related to the terms stipulated in the JCT IBC 2005 contract. The author explains the roles of parties that might be involved in such a scenario such as architects and sub-contractors. The paper also includes recommendations for better practices for future projects for the client.

Contents:
Introduction
Current Situation
Claims for Direct Loss and expense
Claims for Extension of Time and LADs
Role of the Architect
Procurement Considerations and Implications of Sub Contractors
Conclusion
Bibliography
References

From the Paper
"This report has been produced to provide practical advice to the University (herein 'the Client') on the contractual issues around the JCT IBC 2005 contract. The client proposes to refurbish a Police Authority Building opposite the main campus. The contractor was appointed under a Traditional building contract using the terms and conditions as set out the aforementioned standard form of contract, and has just started on site. The client has already experienced some difficulties and has requested some advice and further clarification concerning the contractual difficulties that have been encountered."

Tags:building contract, contractual difficulties

Abstract
This paper analyzes the various ways that Prince was made subservient to contractual demands by the major recording company, Warner Brothers. It discusses the extent of Prince's contractual obligations and examines how they virtually entrapped him into an epic decade long contract. The paper then looks at how this contract limited his ability to make profits off of his albums sales.

From the Paper
"In conclusion, the record industry hegemony of Warner Brothers acted as an agent of corporate greed, which disallowed Prince to make the money he surely deserved. This type of corporate hegemony also forced Prince to sign long term record deals, which virtually enslaved the artist under restrictive and non-profitable conditions. This study also briefly shows the independent business side of Prince that provides the reasons why prince had chosen to reject the terms provided in his contracts. Furthermore, Prince would often be categorized as "black music", which was a part of the racist hegemony of the record companies to pigeonhole artists into narrow categories. Prince decided to resist and deny this type of limited identity, defining his rebellious role as a subservient artist beneath the corporate hegemony of Warner Brothers records."

Tags:record, hegemony, contract, album

Abstract
This paper briefly reviews the contractual arrangement between Sid and Bob vis-a-vis an extension to the former's house. This paper argues that Bob entered into a legally-binding oral contract and he must provide some form of redress to Sid. The paper also suggests that a third-party, Ed, is not legally culpable for breaching a contract made between he and Bob.

From the Paper
"The law of the United Kingdom is understandably complex. This paper will examine one of the subtleties of British law by reviewing the case of Bob the Builder and his strained relationship with a former client. Specifically, this paper will examine the key issues of the case, any misrepresentation that resulted from the dealings between Bob and Sid, and provide a conclusion that sums up the case. In the final analysis, it may be said that this situation is a classic example of what happens when otherwise intelligent people fail to plan ahead. Let us first proceed by examining the steps that led up to the present situation. To begin with, Sid entered into an agreement with Bob whereby the latter promised to build an extension onto the former's home by December 15."

Tags:bob, sid, contract

Abstract
This paper presents a case study that focuses on company law. The paper begins by analyzing, in general, a contract and its terms and conditions. It then presents some examples of past cases to explain the point of contracts. The paper then presents a case study and discusses the responsibilities and rights of the directors of ITbitz Ltd. It particularly focuses on the contracts signed by the directors and the implications of these contracts.

Table of Contents:
A Contract
Misuse of Power by Eros
Removing Eros from the Post of Director
Setting up of a New Company by Cupid and How the Board of ITbitz can Stop Him
Appendix

From the Paper
"Breach of a fiduciary duty gives rise to a right in the company to pursue equitable remedies against the director. In addition to fiduciary duties, which are owed to the company by directors, directors are also subject to statutory duties. The statutory duties mirror the fiduciary duties closely. Sec 181 is one of the civil penalty provisions: duty of a company officer to act in good faith in the best interests of the company and for a proper purpose. The civil penalty provisions relevant to directors' duties are the corporation/managed investment scheme civil penalty provisions. Where it is proved there has been a contravention of one of the corporation/managed investment scheme civil penalty provisions, the company damaged by the contravention can seek a compensation order or ASIC can seek a pecuniary penalty order, a disqualification order or a compensation order. Thus failure to disclose interests will give the right to rescind the contract therefore Diana, Aphrodite and Bacchus can remove Eros from the director's post."

Tags:compensation, board, directors, corporation

From the Paper
"Corporate Product Liability


One of the major areas affecting a company in terms of ethics, profitability and image is the area of corporate product responsibility. In the past few years, there has been an outcry from consumer protection agencies arguing that the wrongs against the buyer pervade American commercial practice.. Upon closer examination, corporations are taking strong action to put safeguards in place that protect consumers. If a consumer misuses a product, the corporation should not be held responsible.


Consumer analysts argue that product safety accidents affect millions of people. A recent analysis indicated that on an annual basis over 272,000 people were mangled and 289 were killed..."

Abstract
In this article, the writer notes how neo-liberal policy has its roots in nineteenth century conceptions about the unemployed - and how this mind-set has crept back into the provincial policy-making of modern-day Canada. While discussing the three articles, the writer suggests that the climate of entitlement which characterized the period from 1945 to at least the middle 1970s in much of the western world has given way to a neo-liberal ethic that actually hearkens back to an earlier time wherein obligations on the part of those who found themselves under-employed were considered at least as important as the rights those individuals had to secure shelter and some form of income. The writer concludes that social policy is cyclical, and that the articles appear to capture that trend.

From the Paper
"Before bringing this paper to a close, a few final points are in order. Clearly, there can be little question that all of the articles touch upon the new-found popularity of neo-liberal policies in an age of globalization and in an age of governmental retreat brought about by the new fluidity of capital, people, information and resources - a fluidity which has dramatically curtailed the power of government to execute labor policy as it once did. Beyond that, it may be said that these articles craft a compelling picture of the ideological and political reasons why governmental actors did not strive harder, when it became clear that the easy affluence and low unemployment of the immediate post-War period was no longer guaranteed, to protect the entitlements and generous provisions to which many Canadians had become accustomed after 1945. Ultimately, economic pressures provided a welcome excuse for neo-conservative statesmen to pursue reformist measures that would have been unthinkable a generation earlier."

Tags:unemployed, policies, labor, entitlement