What is a management Contract? Discuss the process how a corporation enters into a management contract
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Subject: Law on Partnership and Corporation (Philippines)
What is a management Contract? Discuss the process how a corporation enters into a management contract
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- 16. Why are restrictive covenant clauses controversial? They are controversial because they allow people to create contract terms that restrict their future right to alter those same contracts They are controversial because they allow people to create contract terms below the otherwise legislated minimum standards of work They are controversial because they seem to pit two legitimate interest against each other: the right of trade against the right of contractDEFINITIONS Define or give the meaning of the following: Consent- Acceptance- Natural elements- Option contract Mistake of law DISCUSSIONS When is a contract voidable or annullable? Is it always required that he who alleges fraud or mistake in entering into a contract, must prove hiss allegation? Explain. Give the requisites in order that intimidation may vitiate or annul consent of a party to a contract. May fraud be commuted by a party to a contract though there is no mis interpretation on his part? Explain. Will the acceptance of a business advertisement of a thing for sale produce the perfection of a contract? Explain. PROBLEMS Explain or state briefly the rule or reason for your answer. In a contract containing an option period, when is the offerer not allowed to withdraw his offer even before acceptance by the offeree? When is the offerer allowed to withdraw his offer even after acceptance? S sold his house to B believing that B was C. Can S legally…Choose the right answer. 2. (The law of Agency) Conflict of interest means ________________. a. Agent is interested in Principal business b. Principal is interested in Agent business c. Agent stands to compete with Principal interest d. Principal stands to compete with Agent interest 3. (Law of Contract) The agreement is _____________ if it is caused by mistake as to any law in force in Malaysia. a. voidable b. void c. valid d. illegal 4. (Law of Contract) Yan wants to borrow RM20,000 from her friend Pang and Pang agrees to lend the money if Yan agrees to pay the money to Cathy, his sister in four installments. The above situation illustrates the principle of __________. a. consideration need not move from the promisee b. part payments are valid consideration c. natural love and affection is valid consideration d. executory consideration is performed after contract is made
- 4. What is the memorandum of settlement? Management's agreement to bargain with the union in good faith The union's agreement to bargain with management in good faith The signed collective agreement that has been ratified by both parties as well as their constituents A summary of the terms and conditions agreed to by the partiesQUESTION 2Thokgamo is the owner of an optometry practice in Maun. She agreed to purchase an eye testing machine from Noah and signed the contract without reading its terms. The contract contained an exclusion clause for all kinds of defects in the machine. The machined proved to be totally defective. Thokgamo attempted to terminate the contract and also maintained that the contract is in conflict with what she and Noah had agreed on orally.Required: Advise Thokgamo about her chances of winning the case. Provide justifications for your points.1. What is the difference between executed and executory consideration? 2. State any two courts in Ghana which are known as lower courts? 3.State one disadvantage of litigation. Explain the concept of remoteness of damages. What is arbitration? What is the difference between void and voidable contracts? What is the legal distinction between duress and undue influence as vitiating factors? Communicating of an offer must be made to a particular individual, groups etc. What happens if the communication is made to an individual that the offeror does not in tend to contract with? Where the contract is made to a specified person but is accepted by another person? Where an offer is communicated to a class or group of persons. Where an offer is communicated to the general public or the whole world. What is supervisory jurisdiction Exclusive jurisdiction Appellate jurisdiction Original jurisdiction? What are the brief facts and legal principles espoused in the following cases:…
- Question 3(a) In legal perspective, a minor is incapable to make any valid contracts. Describe the above statement with the support of relevant legal authorities.1. Seller and Buyer negotiate for the sale of 100 acres of land. They orally agree on a price of $100,000, one half in cash at closing and the other half 90 days after closing. Buyer sends Seller a letter in which all the terms are included and is signed by Buyer. Seller never responds. When the closing date arrives, Seller refuses to transfer title. Buyer sues. Is the agreement enforceable at law? 2. Seller and Buyer negotiate for the sale of 100 acres of land. They orally agree on a price of $100,000, with payment to be made within 10 days and the deed delivered within another 30 days. Buyer sends Seller a letter in which all these terms are included, along with a check for $100,000 that Seller deposits. Seller fails to deliver a deed, and Buyer seeks to enforce the contract. Is the contract enforceable? 3. John is president and sole shareholder of Photo, Inc. Photo, Inc. wishes to borrow money, but to do so, the bank requires John to orally guarantee to repay the loan if…Analyze the circumstances in which a contract of service may be broken by either party of an employment contract. Include in your answer the consequences if either party breaks the contract. Please give 10 point with details elaboration and example with section from employment contract act Malaysia . words 800
- 21)According to the objective theory of contracts, the intent to enter into an express or implied-in-fact contract is judged by the ______ doctrine of equity reasonable person standard legality of the contract common law of contractsQuestion 1Amy and Bianca intended to form a company called Flexible Co Ltd to engage in trading. Before the company was incorporated, Amy and Bianca signed a lease agreement with Fix-a- deal Co Ltd in the name of Flexible to rent an office in Tsim Sha Tsui. Three months after Flexible’s incorporation, Amy met Cyril who mentioned that he had an office of about the same size to let at a much lower rent. Amy and Bianca went to see the premises and found it very suitable for their business. They wish to repudiate the existing lease and take up a new lease with Cyril.Advise Amy and Bianca. Question 2By reference to relevant section(s) of the Companies Ordinance, explain the effects of incorporation.Analyze the circumstances in which a contract of service may be brokenby either party of an employment contract. Include in your answer theconsequences if either party breaks the contract. Please give 8 point with explanation in details and example. words 800