The Cavendish legislations playing cards hide the extensive diversity of matters on hand at the undergraduate legislations programme,as good as at the CPE/Diploma in legislation direction. every one of the Cavendish legislations playing cards is a whole, pocket-sized consultant to key examinable components of the legislations syllabus. Their concise textual content, straight forward structure and compact structure make the Cavendish LawCards perfect revision aids for opting for, knowing and committing to reminiscence the salient issues of every subject.
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The Cavendish legislation playing cards conceal the large diversity of topics on hand at the undergraduate legislations programme,as good as at the CPE/Diploma in legislation direction. every one of the Cavendish legislations playing cards is an entire, pocket-sized consultant to key examinable parts of the legislation syllabus. Their concise textual content, hassle-free format and compact structure make the Cavendish LawCards perfect revision aids for settling on, figuring out and committing to reminiscence the salient issues of every subject.
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Extra info for Cavendish: Business Lawcards
32 CAVENDISH L AWCARDS Schedule 2 provides guidelines for the reasonableness test in regard to non-consumer transactions, but it is likely that similar considerations will be taken into account by the courts in consumer transactions. Amongst these considerations are: (a) the relative strength of the parties’ bargaining power; (b) whether any inducement was offered in return for the limitation on liability; (c) whether the customer knew, or ought to have known, about the existence or extent of the exclusion; (d) whether the goods were manufactured or adapted to the special order of the customer.
Formation of a partnership There are no specific legal requirements governing the formation of a partnership. Partnerships arise from the agreement of the parties involved and are governed by the general principles of contract law. The PA tends to serve as a default where the partners do not provide for their own operation. The partnership agreement is an internal document and does not necessarily affect the rights of third parties. 57 58 CAVENDISH L AWCARDS Duties of partners The legal nature of the partnership involves a complicated mixture of elements of contract, agency and equity: (a) the partnership agreement is contractual; (b) partners are, at one and the same time, both agents of the firm and their fellow partners, and principals as regards those other partners; (c) partners are in a fiduciary position in relation to one another and subject to the equitable rights and duties that derive from that relationship.
Creation of agency Agency requires the consent of the principal (White v Lucas (1887)), but consent may be implied. Agency may be created expressly or may arise in the following ways: 51 52 CAVENDISH L AWCARDS BUSINESS L AW 53 Estoppel Holding out can make a person liable for the actions of a purported agent, although it does not actually create an agency relationship. It arises where the principal has led other parties to believe that a person has the authority to represent him. Then, even although no principal-agency relationship actually exists in fact, the principal is prevented (estopped) from denying the existence of the agency relationship and is bound by the action of his purported agent as regards any third party who acted in the belief of its existence.