“….There is not equity in this court to perfect an imperfect gift”- Turner LJ in Milroy v Lord (1861)- How accurate is this statement in current English law? In order to assess the accuracy of Turner LJ’s statement, it is first necessary to consider the context of it, and discuss briefly what it refers to. It refers to trusts, which become fully set up or constituted when the trust property is in the hands of a person who is properly […]
Question 1 The relevant provisions in the articles of association of Treeng Ltd (“Treeng”) are twofold. First, the directors are empowered to refuse to register a transfer of shares, and it seems that they may exercise this power in their absolute discretion. At common law, however, such power must be exercised “bona fide in what they consider – not what a court may consider – is in the interests of the company”[1] and the decision to refuse to register a […]
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Get help with your assignmentIntroduction The industry of construction is very vast in UK, which sometimes contributes to 10 percent of the total GDP of the country. Many commercial issues have been grappled with it, all of them were in sharp focus by the critical climate of economy, since the mid of 2008. The essential nature of a contract can be encapsulated by different definitions. One definition which is very well understood in the context of business is considered it as an […]
In the business world where deals are struck and broken daily it is important to understand what the requirements are from start to finish, however beyond the fundamental scope to the creation of the original terms contracts agreements there are other underlying principles that must be explored that makes a contract voidable or invalid. This paper will explore the those principles that go beyond the scope of the formation, now you can start getting into the meats and potatoes of […]
Liability Claim House Question One In order to determine whether Hermione will be successful in a claim against Harry, the law of tort is examined. A tort may be defined as the breach of a legal duty owed, independent of contract by one person to another, for which a common law action for unliquidated damages may be brought. If we take into consideration the Hedley Byrne v Heller (1964) case where the claimants were an advertising agency, who had been […]
Contents: 1. Introduction P.2 2. The criteria necessary for a purported liquidated damages clause.. P.3 3. The main factors of claims P.4 4. The benefits to Employers and Contractors in a valid liquidated damages clause P.5 5. If the liquidated damages clause is not held to be valid and enforceable P.6 6. Conclusions and Recommendations P.10 Question 2: Discuss the criteria necessary for a purported liquidated damages clause to be held to be valid, the benefits that […]
Answer The subject matter contained in this question emanates from the study of living and testamentary trusts. A living trust or trust inter vivos trust can be defined as a declaration made by a Settlor, during his/her life-time, to transfer some interest in real or personal property to a trustee to hold in favour of a beneficiary or beneficiaries[1]. A will on the other hand is primarily a document, legal in nature, which purports to speak from the death of […]
1. What were the material facts in the case? The Leasehold Reform Act 1967 provides tenants the right to purchase the landlord’s freehold interest of a property. There is no requirement for the tenant to occupy or have occupied the property. The property was subject to a lease. The appellant was the tenant under the lease. The appellant wanted to acquire the freehold of the property. The property was originally built as a single private residence and had subsequently been […]
RECENT JUDGEMENTS ON THE ISSUE OF CORPORATE PERSONALITY PARTICULARLY IN THE GROUP CONTEXT SHOW STRONG AND CONTINUED SUPPORT FOR THE IDEA OF SEPARATE CORPORATE PERSONALITY. DISCUSS One of the consequences of incorporating a limited liability company is that it becomes a separate legal entity. This means that it is has a separate and distinct personality from the members of the company, and so becomes a person in a legal sense.[1] Thus the company bears its own liabilities and debts separate […]
The issue of interests which are unknown to the purchaser of land have long been a problem to less cautious buyers. This essay will examine the way in which title of land has not been indefeasible through registration due to the existence of overriding interests and will seek to explain how the new provisions of the Land Registration Act 2002 limits the scope of these interests and pursues the aim of a register which mirrors interest in title. As Gray […]
What were the innominate contracts? Where did they come from and why were they important? The very term innominate (literally without name) is potentially confusing since these so-called contracts are named very specifically. The term refers to their place in the system of classification of contracts in Roman Law rather than their possessing the characteristic of being unnamed. A distinct characteristic of Roman Law is that it might be said to possess a law of contracts as opposed to a […]
Introduction Commons now a days is defined as the set of several elements that include “literature, art, music, film, design, radio, television, software, information and heritage sites”. Commons have been characterized into different classes which are- digital commons and environmental commons. Digital commons as defined by Mayo Fuster is the resources of information and knowledge, which are developed and possessed or distributed among two agencies or people that are freely available to the public. Public domain refers to those creative […]
A) After considering the concern you have raised during our meeting I have prepared a summary of the law and advice. Although there is not any reference to notice or restriction on the property there are equitable rights which can bind the purchaser of a property even if there is not any reference to them on the register. Martin has stated that he has paid half the purchase price of the property when he and Penelope purchased the property. When […]
This paper seeks to establish whether Bill had any rights either in real or personal claim over the said estate located in Luneborough. It would identify the type of remedy, if any generated consequent to the breach of Bill’s rights. It would also identify the type of enacted that recognizes the right afforded to Bill, that is if any and provide the remedies available for the protection of the rights. The next requirement would be apply the law to the […]
Introduction The first issue that needs to be considered is whether Holmfirth Wheeltappers’ and Shunter’s Benefit Society is charitable. On the facts of the scenario it is evident that the association has not been established for charitable purposes as defined by section 3(1) of the Charities Act 2011. The next issue arising is that the association is obviously not a company and so it is an unincorporated association. Lawton LJ set out the definition of an unincorporated association in Conservative […]
‘The term ‘warranty’ has been described as ‘one of most ill used expressions in the legal dictionary’. There are several types of warranties in marine insurance ranging from express warranties to implied warranties that are divided to seaworthiness, legality of voyage non-deviation, neutrality, nationality, safety, legality. In this essay special importance will be given to the notion of seaworthiness and different aspects of it. It was often the case that warranties in marine insurance were considered to serve the insurer […]
The issue is whether the exclusion clause Coaches Ltd intends to rely on was incorporated into the contract, and if so whether it is effective in excluding Coaches Ltd’s liability. The first point is thus whether the exclusion clause was expressly incorporated into the contract. The clause was printed on the back of the invoice sent to Chelsea Ltd after the telephone booking. As the contract was oral and took place over the telephone, this means that the clause was […]
The establishment of Shine Ltd was with the sole intent to produce industrial solvents and cleaning solutions. Appointment of the office of managing director was given to John to cover that post. During this course, the company acquired an agreement with XYZ plc a conglomerate. While still under the directorship of John the company came up with a new super glue. In his capacity as a director, he presented this to the manager with the hope that it would be […]
The fact in Donoghue V. Stevenson[1] was that the appellant drank a ginger beer that was bought by her friend in a cafA© and she drank part of it from her cup. Her friend poured the rest and a decomposed snail was seen floating on the ginger beer. The nauseating sight coupled with the fact that the appellant had drank from it caused her shock and severe gastro-enteritis. She brought an action and the issue before the court was whether […]
Discuss the role of poison pill as an anti-takeover measure and its prohibition in the UK under Rule 21 of the Takeover Code When a publicly traded company (offeror) offers to get sufficient shares to acquire control of an alternate company (offeree) for cash or securities is called a takeover (Wild, Weinstein, 2011). If the offeree board does not help the offer, the takeover is meant as hostile. Moves made by the board of the offeree to avert the hostile […]
Introduction The copyright laws was of four formerly-independent provinces proceeding for the unchanged, this was happening after the process of the Union of South Africa in 1910. The Patent, Design, Trade Marks and Copyright Act was enacted by the Parliament in 1916. So this annul the provincial laws and incorporated the British Imperial (Copyright Act 1911) this is for the South African law. South Africa became part of the unit of Berne Convention in there way of right in 1928. […]
A. Whether the covenants in the head lease are binding on Jabba. To begin with, it is imperative to note that, once a lease has been assigned to the new tenant, they are liable for their breaches of covenant. However the solution to this query depends on whether the assignment of the lease complies with the criteria stipulated in Spencer’s Case (1583) (5) Co Rep 16a[1]. These requirements are as follows: There must be privity of estate between the parties, […]
Comment on and describe the particular difficulties arising in cross border estates, i.e. a person dying with assets in several jurisdictions. Cross border estates have inherent difficulties that centre on the legal and fiscal consequences when the investor dies. There are varying rules in the different countries and various operations in regard to succession. Some countries devolve the entire estate on the direct heirs whilst other countries allow the succession to be determined by the authorities. In some countries there […]
Introduction The land of Campa Cola compound buildings owned BMC and it gave to leased to company Pure Drinks ltd, company sold their development rights to the land to three builders to construct homes. But builders, during the period of construction which is 1984, constructed around 35 more floors, which was more than BMC approved for residential purpose. During construction, authorities issued notices for fine and ‘to stop construction work’. Builders paid their fine and resumed work they were under […]
Corporate Laws II Introduction There are several factors makes a company stand apart from any other part of business. A company has separate legal entity, has perpetual succession, limited liability et cetera. All these and many more factors make a company different from any other form of business. The topic of this project which relates to the legal status and Scope of “contributory” under the companies act demands the author to analyse elaborate and enunciate on the contributory liability and […]
>Explain requirements of memorandum of association A memorandum is a simple document which states that the subscribers wish to form a company and become members of it. The memorandum of association was an extremely important document containing information concerning the relationship between the company before the Companies Act 2006 and the outside world (e.g: its objectives). The purpose of the memorandum is two fold. 1. The intending share holder who contemplates the investment of his capital shall know within what […]
Chapter 2 2.0 Decision making organs A company has 2 primary organs, the members in general meeting and the directorate. A company is not considered to be sovereign but has a limited competence only. Within these limits, the Supreme rule is making authority rests with a general meeting of the members1 and the constitution may entrench certain rights still further by embodying them in the memorandum and providing that they shall be unalterable 2. 2.1The board of director Although once […]
ADVANTAGES OF S. 176, WHO BENEFITS AND CASELAWS. INTRODUCTION As a general outline, S. 176 of Companies Act 1965[1] deals with schemes of arrangement of companies facing financial difficulties or in the case of companies at the brink of winding-up. What is, “Schemes of Arrangement”, and how do these schemes assist or facilitate the companies during financial difficulties? To define in simple terms, “Schemes of Arrangement” refer to schemes that enable companies in financial difficulties to pay out to their […]
“Compare and Contrast the Common Law tradition of Criminal Justice with the Civil Law tradition using actual examples where possible” There is a general agreement that there are three major legal systems in the world; “English Common Law, Continental Civil Law, and Religious Law” (S M Shahidullah, 2012:13). Each legal system carries their own individual traditions which help explore how the systems have developed over time and it is these legal traditions that are used within society to ensure it […]
Introduction This question is about the comparison between the partnerships and company. The question require us to determine whether which type of business structure is suitable for Mr. Azwan and Mr. Zuhri and advise them. In the end, we will be able to know about what the differences between partnerships and company are and why it is better to open up either one of these business structure. Structure A partnership consists of two or more members in order to form […]
