Essay on Business Law

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.

All the circumstances listed above are addressed in the contract and makes Systems Inc. not

In the case of Anthony, a New Jersey resident and owner of a waste disposal company in the state of New Jersey, and his two business associates, Paul and Silvio, whom suffered severe injuries due to a motor vehicle accident caused by a negligent truck driver; they have great standing to sue against the neglectful driver and the company associated with the ownership of the vehicle. Regardless of the diversity of their residency/ citizenship, the affected party can proceed to sue the corporation responsible for the damages caused by their staff and property; reason being that they are protected under the Constitution’s diversity of citizenship, and the privileges and immunities clause. Furthermore, these two constitutional clauses in addition to the commerce clause, dictate the court that the matter needs to be brought to.

2) Westlaw uses a system called the Key Number System which breaks down hundreds of broad legal topics into increasingly detailed information on tens of thousands of specific legal concepts.

Please answer the questions posed at the end of each case study in essay form.  Each essay will be judged on your capacity to present strong, logical discussions that support your conclusions.

Business, society and government are placed in different situations depending on what the conflict may be. According to the case “Dickinson’s needle sticks”, all three different sectors were placed in a different position where society was seen to have no voice or empowerment. The society in this case were the nurses, patients and any health care workers using Dickinson’s needles. These sectors solved their conflicts through interacting with each other and finalise a resolution through many negative and positive outcomes which could be ethical and unethical. But then again, each sector strive for the position of power.

contract. If you did take this to court then I would be very surprised if the jury sided with you

An offeror can revoke his/her offer any time before it is accepted as long as an option has not been given. This is even if he/she has stated that the offer will remain open for a particular period of time because the offeree has not presented consideration. The revocation of an offer must be communicated to the offeree, but this does not have to be done by the offeror as long as the information given is reliable. Applying this to the facts, no option was given and no consideration was given as Amy merely informed Danny that the deal was “subject to confirmation from the nursing home’s accountant that funds could be transferred by the time required”. The revocation was communicated to Amy before she made her acceptance as she was made aware of it via Delphine’s website. The website acted as Delphine’s agent in a similar manner as Berry acted as Dodd’s agent when informing Dickinson of Dodd’s sale to Allan in Dickinson v Dodds.

According to the risk of loss theory, the risk of loss passes to the buyer from the seller depending on the contract between the two parties.

Mathew as well as information about his sexual affairs with another woman other than his girlfriend, Sally.

Business law or commercial is a body of law that applies to the relations, rights,

On the other hand, the defendant did place an advert revoking the offer before the claimant could perform the act, Byrne v Van Tienhoven (1880) . The general rule of revocation is that an offeror can revoke the contract before complete performance on the requested act even when the offeree have gone to attempt and expense in attempting performance, Luxor v Cooper (1981) . The claimant had not performed before the offer was revoked and therefore there is no contract between the defendant and the claimant, Pickford Ltd v Calestica Ltd (2003) . The principle is implemented in America through Shuey v United States (1853) which highlighted, that if the offeree had not begun ‘part performance’ before the offer was revoked then there offer is not valid . This case has not got any relevant in our English system but as mere persuasive argument as we can imply practical consideration that it would be appropriate to follow the principle.

Laws affect a business in many different ways as it can change a way a business operates. This can include factors such as wages, how employees are treated and what a business can or can’t do. Recruitment is the stages a business goes through to employ staff. The higher the role within the business the more complex the recruiting sector would be. To recruit it would require the people applying to fill in an application. Leading on to selection, this is where the business goes through the process of choosing the best applicant, best suited for the job role.

A contract is not voidable because it was caused by a mistake as to any law in force in India.” Accordingly, no relief can be granted on the ground of mistake of law of the country.

Coming to the question, it concentrates more on the revocation of proposal or offer. So we need to see what an offer is first of all. According to section 2(a) of the Contracts Act 1950 a proposal is said to exist “when one person signifies the willingness to do or to abstain from doing anything, with a view to obtain the assent of that other person to the act or the abstinence.” The general rule of an offer states that it must be clear and communicated to the acceptor. The Contracts Act 1950, section 4(a) provides that “the communication of a proposal is complete when the proposal comes to the knowledge of the proposer.”