Subject: Aspects of Contract and Negligence for Business ?

Case Study -Exclusion of Liability Clauses

Ahmed finds his usual parking place on an empty piece of land has been blocked off. Instead, he goes for the first time to a car parking building. A notice just inside the entrance to the carpark states:

'The company will not be responsible for death, personal injury, damage to vehicles, or theft from them, due to any act or default of its employees or any other cause whatsoever.'

Ahmed receives a ticket when he enters the carpark which refers him to the contents of this notice.

When Ahmed returns to collect his car, he finds it has been stolen. He goes to report this to the carpark attendant and is injured when the attendant negligently allows the barrier to fall on Ahmed's head.

Advise Ahmed as to the following:

Question01: What kind of contract term is the notice?

Question 02: Has the notice been incorporated into the contract?

Question 03: What meaning will be given to the words used in the notice? What is rules does it cover its damage caused by negligence?

Question 04: What is the effect on the notice of the Consumer Rights Act 2015? What are the specific sections of the CRA 2015 which protect Ahmed?

Uunivers'rty first year BUSINESS LAW - Introduction to company law Chapter 1.5 Introduction to company law Short Answer Questions [end of chapter p 432}: 1., 2. 4 and 5 Why is a director considered to be a fiduciary? Explain 1ivhat is meant by the duty to act 1ivitl'. due care, skill and diligence. 4L Briey explain what a related party transaction ls, why disclosure ls required at board level and why member approval of the transaction ls required. 5. Why does an Insolvent company or a com parry nearing Insolvency have to consider the Interests of creditors when making decisions conoemlng the allocation of company resources? Question 3 What are the differences between right issues and bonus issues? Your answer should include the advantages and disadvantages of both right issues and bonus issues. [8 marks] Question 4 The Companies Act 2016 repealed the Companies Act 1965 and changed the landscape of company law in Malaysia. The Companies Act 2016 reformed almost all aspects of company law in Malaysia. Required: By referring to the Companies Act 2016, insert the correct sections in column (A) for each description in column B. LU(a) An abuse cure is a legal right accessible to mistreated investors. It enables the investors to get an activity against the organization which they own offers when the direct of the organization has an impact that is harsh, unreasonably biased, or unjustifiably dismisses the interests of an investor. It was acquainted accordingly with, which had held that where an organization's activities were approved by a dominant part of the investors, the courts won't by and large meddle. Organization law truly depends on the guideline of greater part rule. Board and investor choices of organizations are generally controlled by a straightforward greater part vote. While this idea of lion's share rule is essential to organization law, it contains an innate danger of misuse. This danger was exacerbated by the standard in Foss v Harbottle. As per Brockett this standard gave 'that wrongs to the organization should be changed simply by activity taken by the organization in its own name, rather than the activity of individual individuals or gatherings of individuals, and that 'courts ought not meddle with the inside administration of organizations acting inside their forces.' However, unbending adherence to the standard regularly denied minority investors response against chiefs and dominant part investors. Therefore, the courts built up various 'special cases. In any case, various pundits have contended that the 'exemptions' for the standard in Foss v Harbottle are actually not special cases by any means, but rather circumstances where the standard basically can't apply. In expansion, various commonsense and legitimate challenges concerning the activity of the special cases have implied that moderately hardly any subsidiary activities have continued.' The principle troubles fixated on the impact of confirmation of the purportedly severe lead by the regular gathering of investors. On the off chance that compelling, the implied approval could deny the organization all in all, and henceforth minority investors, any privilege of activity against the chiefs. There were likewise issues brought about by the exacting models that should be set up under the steady gaze of a court may give relief. (b) Any agreement or other exchange implying to be gone into by an organization preceding its arrangement or by any individual for the organization before its development, might be sanctioned by the com-pany after its arrangement; and immediately the organization will get limited by and qualified for the advantage.Discuss the importance significance in the case of Ashbury Rly Carriage and Iron Co Lid v Riche (1875). ( should have facts, judgment and the important points in the case)Amy has collected Shaker-style furniture for a number of years. After she lost her job, she decided to start trading in Shaker furniture. Initially, she did all her trading on-line, but after a year decided to rent a store and start dealing directly with the public. Demand has exceeded all her expectations, and she is looking to expand her business. While she has a wealth of knowledge about Shaker furniture and is obviously very capable as a salesperson, she has no spare money to put into the business. + Amy thinks she is currently operating as a sole trader, and has heard about companies and partnerships, but does not know much about them. + a) Amy asks you to explain to her the key differences between a sole trader, a partnership and a company.+ b) Which structure would you recommend for her growing business?+ Would your recommendation change, if+ c) Amy had a son in the final year of his marketing degree and who was keen to be involved in the business once he graduated?+ + d) Amy will need to borrow $100,000 to expand the business in the near future?+