Thư viện tài liệu, ebook tham khảo dành cho học sinh, sinh viên

Control Test - Nature - Degree of control able to be exercised by a person over the manner in which the work is to be performed by another. Delegation Test - Discretion of service provider to delegate work to another party. Business Test - Commercial factors showing whether working on own account or for someone else. Integration Test - Is work...

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Advantages Enables bankrupt to avoid being sued by creditors for debts incurred prior to the bankruptcy. New start in six months to three years, with cooperation. Bankrupt maintains ‘necessary property’. Disadvantages Debtor’s property available for settlement of debts. Earnings may be used as contribution towards debts. Stigma attached to b...

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Can be verbal, written or by conduct. A written partnership agreement is desirable as disputes are easier to resolve. Overrides the provisions of the relevant Partnership Act.

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Agent - Fiduciary relationship i.e. exercising rights and powers, in good faith, for the benefit of another. Employee - Under control and supervision of employer. Independent contractor - Decides how their work is carried out. Trustee - Holds property on behalf of another person.

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Author - Employer, where author under contract of service or apprenticeship - Person who commissions and pays for work - Maker of sound recording or film

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Incentives to encourage punctual payment of debts: Discount for early payment Credit charge for late payment Notification of overdue accounts - account rendered sent - personal phone call

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Part IVA Section 51AA: Unconscionable conduct Part V Section 52: Misleading and deceptive conduct Section 60: Harassment and coercion in relation to the supply of goods and services Section 61: Pyramid selling Section 63A: Sending unsolicited cards Section 64: Payment for unsolicited goods or services

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Precontractual statement Clearly understandable Conforms to requirements set out in regulation attached to code Information statement Form 2 - Legal rights and obligations in plain English Written contract Signed by debtor and credit provider Information as set out in S15 of Code Copy of contract (within 14 days) Form 3 - “Before you sig...

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Part V (continued) S60: Harassment and coercion in relation to the supply of goods and services S61: Pyramid selling S63A: Sending unsolicited cards S64: Payment for unsolicited goods or services S65-65D: Safety of products sold to consumers; product information requirements

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Determine point in time at which ownership will pass to the buyer, along with the “risk” associated with those goods - Specific goods in existence identifiable at time of contract - Unascertained goods described not identifiable at time of contract - Future goods to be acquired by the seller manufactured by seller after contract made

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