Civil Law Essay Examples - Free Research Paper Topics on StudyDriver.com

Beneficiaries of Clubs Law

192596 Title: Captain Ahab died in 2005. His will included, inter alia, the following two gifts to the ‘Midlands Whale Watching Club’: a) ‘My house, Moby Villa, to be used as a headquarters for the Club; and b) A£160,000, to enable members to go on trips to watch whales in Antarctica.’ The Midlands Whale Watching Club is a non-charitable unincorporated association whose rules consist of the following clauses: 1) The main object of the club is to promote knowledge of […]

Contract and Tort Law

2A) Fact and issues Entertainment Sdn Bhd rented the Very Lucky plaza hall for the pageant for RM500,000 and they also paid the deposit of RM100,000.The hall was old and dilapidated so Wan asked to touch up the places and it cost Very Lucky RM 50,000.However, a faulty wiring caused fire and burn down The Very Luck Hall. Entertainment is asking to refund the deposit but The Very Lucky Hall refused it and if fact they are asking to pay […]

Equity and Common Law

Equity evolved to cover the cracks within the common law. Over the years it has evolved a separate but parallel set of legal rules which complement the common law. The case of Dudley v Dudley illustrates this by announcing that ‘Equity does not destroy the law, nor create it, but assist it’. The common law was prone to reaching an unjust outcome, due to the rigid constraints. This was combated by the introduction of equity. During the reign of King […]

Equity and Trust Law

Brief : 189084 Delivery Date : 18/08/06 Title: “There is no single convincing explanation for the operation of the resulting trust..” Discuss ANSWER Introduction It is submitted that the resulting trust is a form of implied trust that is created by the inference of the law in circumstances in which the actions of the parties concerned and the characteristics of the transaction between them suggests a legal intent to establish a trust relationship. Resulting trusts resemble express trusts from many […]

Introduction to Contract Law

CONTRACT A contract is a legal binding between two companies, businesses or parties that unites them in an agreement which is protected by law. A contract between the parties can be created verbally, in writing, by conduct or by all these means. And this contract becomes a valid contract if it has all the essential elements described as follows: It is important to mention that contract is enforceable only if all these elements are present in the contract. ESSENTIALS ELEMENTS […]

Vicarious Liability Problem Essay Example Pdf

In order to advise Freddy Hobart Ltd, one would have to explore the rules of vicarious liability of an employer and case law which may apply. Vicarious liability arises where there is a relationship between the tortfeasor and the party who becomes vicariously liable which justifies giving the latter responsibility for the acts of the former[1]. This means that a victim of a tort, in the present scenario being Flora, can claim compensation from the employee’s company if it is […]

Formalities – Perfect/Imperfect Trust Essay

Formalities – Perfect/Imperfect Trust Introduction The question in this case refers to the creation of a trust, i.e. the formalities that are required. In the case of Serena, she has created a trust that holds the property in trust for Alice for life and then the remainder goes to Alice’s children. On the death of Serena, there is a valid will where Alice gets all of the property and there is no interest for Alice’s children. Therefore, the following advice […]

Business Essays – International Trade Law

International Trade Law International Trade Law for Business (a) In looking to critically discuss the view “the bill of lading is the essential document in the international contract of sale has no other document performs the functions of the bill of lading” the bill of lading is considered the most important document because it is recognised by law as the symbol of the goods described in it to guard against the risk of non-delivery by the ship-owner, the CIF (‘cost, […]

An Application of the Law on Trusts

INTRODUCTION A trust is an equitable obligation, binding a person (called a trustee) to deal with property owned by him (called trust property, being distinguished from his private property) for the benefit of persons (called beneficiaries or, in old cases, cestuis que trust), of whom he may himself be one, and any one of whom may enforce the obligation [or for a charitable purpose, which may be enforced at the instance of the Attorney-General, or for some other purpose permitted […]

An Outline of the Law of Contract

OUTLINE OF THE LAW OF CONTRACT A contract is simply an agreement between two parties which is enforceable at law. In order for an agreement to be legally valid there must be an offer, acceptance (unqualified) and consideration. INTENTION TO CREATE LEGAL RELATIONS In commercial agreements it is normally presumed that the partied intended to create to legal relations and enter into a contract, although that presumption can be rebutted by the courts. It all depends on the circumstance of […]

Good Faith and Contract Law

Good Faith & Contract Law “the governing principle … applicable to all contracts and dealings “. This statement was made by Lord Mansfield in 1766 and was an (unsuccessful) attempt to raise good faith to the level of a general principle, the common law as it subsequently developed rejected his initiative. The traditional law of contract, as it became established in England in the second half of the nineteenth century, did not impose or recognise a general duty of good […]

Intellectual Property and Patent Law in Nepal

1. Introduction Inventions are the property of their makers. That means if someone expresses his/her idea or initiative, it is his/her property which is known as intellectual property. The word “intellectual property rights,” in accordance with the Agreement on Trade-Related Aspects of Intellectual Property, 1994 ( hereinafter TRIPS), refers to the rights related to Copyright and Related Rights, Trademarks, Geographical Indications, Industrial Designs, Patents, Layout-Designs (Topographies) of Integrated Circuits, and Protection of Undisclosed Information. Looking back to history, the importance […]

Problem Answers on Tort Law

Tort Law Can the owner, Mary successfully sue Tom for the damage to her car because of negligence? Identify and discuss the essential element of the tort law that she must prove. To sue Tom for the damage to her car, Mary need prove three important factor: Tom owed them a duty of care: She able to prove that Tom failed to exercise reasonable care while he was towing the car which parked on car park without permission. In which […]

Problem Questions on Company Law

Question a: A company that formed will create a separate legal entity to conducting business which is protected under the Companies Act 1993 (Companies Office, 2014). When a company is formed, the company will contained some basic elements such as the company’s name which is reserved by Registrar of Companies, at least one share, one shareholder and a director, a registered office that used to keep the records of the company, an address that used to serve the legal documents […]

The Financial Ombudsman Service Essay

The Financial Ombudsman Service The Financial Ombudsman Service (“FOS”) is stated to be ‘The official independent expert in settling complaints between consumers and businesses providing financial services.’ It is a public body that was established by Parliament and is authorised to deal with a very broad range of complaints in areas ranging from banking and insurance, to loans, credit and hire purchase and savings and investments. The standard it applies when determining complaints, is what in the opinion of the […]

An Introduction to Information Technology Law

Introduction to Information Technology Law Table of Contents Introduction The Dispute – Copyright infringement Definition of Fair Use What Did the Court Decide, and Why? Introduction Google’s Library Project, a solution launched in 2004 allowing users to find relevant books easier. This project is also known as Google Book Search. In this project, Google partnered with several major libraries to include their collections in Google Books by scanning and categorizing the booking electronically. Google books, allowing users to perform full-text […]

A Problem Question on Tort Law

>Question 1 Yes, Barack is liable to Theo-Paul under the tort of negligence. The negligence part of tort law involves unintentional harm caused by one’s carelessness. Proving negligence entitles the injured plaintiff to being compensation for the injury to their body, property, emotions, financial status, intimate relationships or reputation. One must prove the resulting harmso as to succeed in a bid tobe compensated in a negligence case. The case of Donoghue v. Stevenson [1932] lays the foundations of the fault […]

The Invitation to Treat in Contract Law

An invitation to treat is an invitation to negotiate or make an offer. Advertisements are usually an invitation to treat as it allows a seller to refuse sale of a product in the event it was fallaciously priced. This particular advertisement amounts to an invitation to treat as it is solely dependent on Mike accepting the order to supply the goods and subsequently take payment. If Mike ran out of stock it would seem harsh to sue for breach of […]

The Concept of Property in English Law

The Roman law first divided the property into real and personal property and it has been stuck in the English property law ever since. Property may be either real or personal. In England, real property has superior value than personal property. The real property is owned in England in complete ownership. This means that it is assumed that the real property is owned in perpetuity and passed on to the legal heir in case of intestate case. However, personal property […]

The Legal Systems of the World Law Example for Free

I truly believe that our modern society needs Law. Laws are guidelines that set out appropriate behaviour, so we are required to follow this system of rules, in order to keep everything balanced and stabilized. Without the fulfillment of these desired tasks, man simply will become equal to animals – or worse still, allow their darker sides to emerge and control their lives. Legal Systems of the World For this purpose every country has a certain system that the all […]

Elements of a Valid Contract in Business Law

Introduction All contracts are agreements but not all agreements are contracts. A contract is a binding agreement between two or more individuals that is enforceable by law. The Law of Contract in Malaysia is governed by the Contracts Act 1950. Section 2(h)[1] states that an agreement enforceable by law is a contract. Offer and acceptance analysis are the traditional approaches used in contract law to determine whether an agreement exist between two parties. The others are consideration and intention to […]

Setting up a Partnership Problem Question – Commercial Law

Mr. Azwan and Mr. Zuhri are undecided whether to set up a company or a partnership. Before provide any suggestion, Mr. Azwan and Mr. Zuhri have to understand what is the difference between this two types of business. Partnership is a type of unincorporated association, which is an organisation without any legal personality distinct from its members.[1] This kind of business organisation is one of the favourable ways for many professionals, such as doctors, solicitors and accountants, to start their […]

The Concept of Lex Mercatoria in Internation Law

Lex Mercatoria being the Latin term for ‘merchant law’ is the term used to describe the body of commercial laws that the merchants of Europe used during the medieval times. It is the body of law that will stand as the foundation in understand certain important international trade instruments. As it stands today, Lex Mercatoria is said to be vague, and not specific. This is due to the range of laws that are said to be contained within it which […]

The Legal Status of a Company under the Law

In the background of the statement referred in the task 1(a). Discuss the legal status of a company under the law. Your answer should include a discussion on relevant cases Corporate personality refers to the fact that as far as the law is concerned, a company really exists. Consequently a corporation can easily prosecute and become sued throughout a unique label, maintain a unique property as well as crucially be responsible for a unique debts. It really is this particular […]

Defamation and Freedom of Speech

As Americans, we are known for valuing the importance of freedom of speech. We also know that our reputations are important too, fortunately when others are damaging to our reputation with speech, we are protected from such speech and can sue under the tort of defamation of character. Defamation of character is known as a false statement that causes damage to another’s reputation. In a lawsuit of defamation, the plaintiff must prove two things: that the defendant made a false, […]

Cyber Laws in India – Pornography

Abstract The evolution and network gave rise to cyber space which controls and manages to provide equal opportunities and facilities to all the people to access any kind of information. Due to gradually increase of the internet abusage of technology is broadening gradually which tends to cybercrimes. Cybercrime is basically an unlawful act that leads to criminal activity. Cyber Security, a mechanism by which computer information are protected from unauthorized and illegal access. This paper illustrates and focuses on […]

Firearms have been Around Since about the (Supica)

Guns are a technological revolution for mankind. From being used to hunt or protect, guns have multiple positive uses. However, they also possess a negative connotation. Guns have been used in shootings, war, and many other deaths. Some want more gun control, while others advocate for less. Gun control laws are defined as “laws that control the sale and use of guns and who is allowed to own them,” according to the Cambridge Dictionary. Countries such as Australia and Japan […]

Policies Affecting Mentally Unstable People,

New York mental health professionals must report when a person is likely to commit a crime that would endanger themselves or others. After this report is sent, those who own a gun will have their license suspended and police have the authority to remove the gun. This also goes for someone who may endanger their families. Under this act, a judge can issue an order of protection for the family, and if that person has a firearm they may use […]

What does Good Citizen Mean to Me?

The Declaration of Independence, the Constitution, and the Bill of Rights are based on the idea that all people have equal rights and that the government was created to protect them; but now in present day, there is controversy around what it means to be a citizen. As a child, my understanding of citizenship was small. To me, it meant that my parents went to the polling booths to vote. In school, I got to participate in mock elections, where […]

Miranda V Arizona Decision

The Supreme Court in most countries is responsible for exclusively hearing appeals of various legal issues. They have been given authority by the constitution to do the following. They check the actions of the president as well as that of the Congress; they are the final judge of all cases that involve the Congress and have the right to correct the head of state, the government or the Congress whenever their actions do not comply with the constitution. Some of […]

Civil Law Essays