Free Company, Commercial & Business Law Essays

Excerpt: 'The doctrine of caveat emptor - "let the buyer beware" - developed in English law from a general reluctance to intervene in contractual disputes and to imply terms into contracts which were not expressly stated'.

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Excerpt: 'The doctrine of caveat emptor - "let the buyer beware" - developed in English law from a general reluctance to intervene in contractual disputes and to imply terms into contracts which were not expressly stated'.

Read the full consumer protection law essay...

Excerpt: 'Canada and New Zealand too should be commended for their efforts in escaping the straightjacket imposed upon them by UK Company Law and formulating Company Law regimes that were effective, efficient and adaptable to changing commercial practices.'

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Excerpt: 'Thus the scope and extent of the law which might be grouped under the heading of commercial is seen to be vast in reach and divers in type. Detailed description is therefore beyond the limit of a submission of this length. However, an examination of the broad cross section of topics discussed above reveals an enduring theme. In all aspects of commercial law the focus is upon transactions'

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Excerpt: 'The mileage on the car is 60,000 which is quite high which may have been reflected in the price he paid for the car. Any reasonable person must find the goods satisfactory for a price he pays for it. In Millars of Falkirk Ltd v Turpie slight oil leak which would cost around 25 to fix was held as a minor defect and could be easily fixed and therefore merchantable quality. However in Rogers v Parish (Scarborough) Ltd defects in the bodywork of a new range rover were held as car being not of merchantable quality as a reasonable person would be unlikely to accept the quality of new car as satisfactory if the car has minor or cosmetic defects.'

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Excerpt: 'In order to evaluate whether or not, the rights of minority shareholders have been improved by the enactment of the Companies Act 2006, it is essential to analyse the situation of minority shareholders prior its enactment and determine whether under the old common law, minority shareholders were given adequate protection.'

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Excerpt: 'The inexorable growth of companies and the increased shareholder sophistication in recent years have led to stronger demand for shareholder rights and remedies that safeguard the interests of investors from errant and manipulative management. While disgruntled shareholders of public listed companies have the option of selling their shares in the open market, the same course of action is not open to shareholders of unlisted private companies, since there is no ready market for private company shares. Minority shareholders of these companies in particular are therefore vulnerable to corporate fraud by majority shareholders who are often in control of the company.'

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Excerpt: 'This may also be seen as a breach of Homer's fiduciary duty to the company as this decision can unsettle the company and possibly will directly benefit the power Homer holds over the other shareholders. In respect to the decisions of Bart and Homer in respect to actions Krusty Ltd and the expansion to furniture, which have not followed the articles of the company and may benefit them more than the company.'

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Excerpt: 'Fred will not have any problems claiming capital allowance on industrial building which is specifically designed for environmentally friendly launderette. The energy saving and water efficient equipment would qualify as plant for capital allowance. On the basis of case law it may be possible to add the cost of electrical wiring, cold water and gas piping etc to the cost as they would be apparatus which are used in the day to day activity of the business. It may be that the Inland Revenue would apply a function test to these items to see which ones qualify.'

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Excerpt: 'They can also influence its outcome and ensure that secured creditors are not put at risk in any way. However, under these changes, creditors will not be able to enforce action for an initial period of 28 days. The government has an intention to introduce legislation to provide for a moratorium to be part of the company voluntary arrangement procedure which was missing from C V As before.'

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Excerpt: 'Chris Chapman, ILS (Industrial Law Society) Spring Conference 8 May 2004. Title: "Employment Tribunal Reform- An Integral Part of Workplace Dispute Resolution or an Economy measure?'

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