Broker Exclusion Clause

Words: 408
Pages: 2
Open Document
In order to decide whether clause 6 and 7 can be used for Broker to defend itself, it is important to understand how Australian courts interpret exclusion clauses. The High Court of Australia emphasized several times that the exclusion clauses should be interpreted according to their “natural and ordinary meaning” . If the expression is ambiguous, the contra proferentum rule should be applied.

Clause 6
For clause 6, it is necessary to determine the scope of it. The sixth clause states that Broker will not be responsible for any loss arising from trading on behalf of Sweeney. To be specific, considering the ‘four corners’ rule, when the trading is not authorized by Sweeney, this clause cannot be applied . If Sweeney is going to sue Broker for
Show More

Related Documents: Broker Exclusion Clause

Essay on Special Population

data breach (Manning, 2010). You will not only find this problem in banking and finance companies, the problem, is wide spread. In November of 2010 the Wall Street Journal ran an article about Facebook user data being sold to a broker. Facebook Inc. said that a data broker has been paying application developers for identifying user information, and that it had placed some developers on a six-month suspension from its site because of the practice. (Fowler & Steel, 2010) Information privacy has become…

Words 3296 - Pages 14

Mergers & Acqusitions Essay

4. Synergies Research Undertaken Once Target has been Identified If Target is a willing vendor – Due Dilligence If Target is not so willing and confidentiality is important research is done via Annual reports Newspapers Market Research Broker Reports Internet ASX information ASIC Searches What’s the adviser doing Stratgic Advice Executition advice Valuation advice Negotiations 3. Distinguish between public company and private treaty transactions A Public company transaction…

Words 5399 - Pages 22

exam answer Essay

who was a convicted child molester. Fearing that Donovan Ltd’s wholesome reputation would suffer if Sleazy’s shareholding became common knowledge, the directors considered the following proposals (i) call a shareholders’ meeting to insert a new clause in Donovan Ltd’s constitution forcing any shareholder with a criminal conviction to sell their shares to the other shareholders. (ii) call a shareholders’ meeting to pass a resolution reducing the company’s capital by cancelling Sleazy’s shares…

Words 7652 - Pages 31

Corporation (Fisch) Outline Penn Law Essay

Table of Contents I.) INTRODUCTORY PRINCIPLES 2 A.) Efficiency and Other Concepts 2 B.) Agency and Partnership Law 2 II.) INTRODUCTION TO THE CORPORATE FORM 16 A.) Formation and Structure 16 B.) Debt, Equity, and Valuation 22 III.) CONTROL OF CORPORATE DECISIONS 32 A.) The Role of the Shareholder 32 B.) Management Obligations 50 1.) Duty of Care 51 2.) Duty of Loyalty 56 3.) Duty of Fairness: Parent-Subsidiary Relationships 63 4.) Duty of Good Faith 64 5.) Management Obligations…

Words 62789 - Pages 252