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Business law:the ethical,global and e-commerce environment - Essay Example

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A dispute can generally be defined as a divergence of view on a point of law or fact,a conflict of lawful examination or of interests between two persons.A dispute may become legal when in simple terms,it is strictly legal in nature …
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Download file to see previous pages A dispute can generally be defined as a divergence of view on a point of law or fact, a conflict of lawful examination or of interests between two persons. A dispute may become legal when in simple terms, it is strictly legal in nature and there is no dispute in the facts presented and that the defendant is in agreement with the facts alleged as presented by the plaintiff in the complaint before court. Therefore, in legal disputes, it can be said that there exists a lawful existence or a duty of right as provided by the law. In the resolution of private duties, private law, which establishes a framework of rules, can be applied to know which party in the case owes a duty or right (Mallor and Bowers 9). For example, a legal dispute may arise when two parties agree through a written or verbal contract to provide goods or services. When one party fails to deliver the goods or the service, a legal dispute may arise. In the case of Blumenthal v Drudge and AOL, the court while dismissing the case against the second respondent used section 230 of the Telecommunications Act of 1996 that bars claims that can be brought against interactive computer services for information that could have been offered by another content provider. This is an example of a case decided purely based on the legal provisions as opposed to factual considerations. The court restated that by going contrary to this legal provision, it would set a bad precedent that would gravely affect other content providers in the future...
Interrogatories are usually questions in written form directed at the adversary side from one side while requests for admissions are directed at the other party to admit certain facts in the case that may seem glaring. It is important to note that interrogatories and requests for documents are usually made or sent to the other party before the request for admission is made. Depositions are filed soon after the respondent has filed his answer that requires that the party takes a testimony by deposition through an oath indicating the reason for the deposition, the time and place, the name of the witness hose testimony is desired, the subject matter of the testimony to be taken and its relevance. Parties may also apply for the production of documents and objects by identifying the document required and its relevance and materiality to the case. Q.3 In contract law there may be theories of recovery, which may be contractual or non-contractual whether the contract was made impliedly or expressly. However, at times a party who is aggrieved in the contract may move to court by relying on the non-contractual theory alone either through the quasi-contract that is contract implied in law or through the principle of promissory estoppel. The quasi-contract theory is one that usually imposes a duty through the law to avoid unfair enhancement by one party in definite situations in the contract. For example if a company induces a person to buy a product which it has misstated the expected revenues that will accrue to the customer, the customer may cancel the contract on learning the misrepresentation of the fact by the company that sold the ...Download file to see next pagesRead More
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