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Restructuring, Professionalism and Ethics in Insolvency Practice

Restructuring, Professionalism and ethics in Insolvency Practice Assessment Item 2 Discuss the legal and professional responsibilities arising from the facts set out below for Gerard Mann, ( a director of Manu Ltd and ManF Pty Ltd) and Reconstruction Remedies Larry Liquidator a registered Insolvency liquidator. Key facts of the case Manu Ltd (part of a group controlled by Mann family) making parts for specialized medical equipment, in recent years producers of equipment pressuring Manu to lower costs or they will […]

Rights of Shareholders as Members of a Company

Shareholders play an important part in the corporation. They are very vital for the company. They have the power to take company decisions and influence the working of the company. The shareholders are able to exercise such influence and control over company only when they are free to exercise their rights in a legitimate manner. The shareholders have numerous rights which have been laid down in the Companies Act, 1956. Under the Act, the shareholding of a company is determined […]

Rights to Anonymity in Cyber Crime

INTRODUCTION It is undeniable that in cyber world, everyone is able to create a number of personalities that no one could distinguish whether an identity is reliable or not; or, even leave a hole to cyber crimes to carry on internet frauds using different fake identities. Consequently, this circumstance might lead to much confusion and burden in terms of transparency and accountability in social networking. Recently, although some countries and online social networking services such as Facebook and Twitter have […]

R. V Blastland [1986] AC 41

>Introduction In this case, the Appellant to the House of Lords had been charged with buggery and murder. It was alleged that he had forcibly buggered a 12 year-old boy before strangling him with a scarf. The Defendant’s case was that he had attempted to bugger the boy but had desisted when the latter complained of pain. Shortly afterwards, the Defendant had seen an individual referred to only as ‘Mark’ and had fled the scene. It was asserted that this […]

R V. Brown 1996

Analyse how the House of Lords interpreted the word “use” in 5(2)(b) of the Data Interpretation Act 1984 in the case of R v Brown (1996) 1 ALL ER 545 Introduction The case of R v Brown, 1996, concerned two uses of a police force Computer by an officer, for the purpose of obtaining registration numbers of cars owned by the debtors of a collection company that was run by a friend of the officer. The police officer was a […]

Rylands V Fletcher in the 21st Century

Does the Rule in Rylands v Fletcher still have any useful role to play in the 21st Century? To define specifically what a field of law encompasses, be it tort or any of the other fields that the law branches into, can tend to be rather difficult. The definition of the law of tort can be interpreted as an on-going materialization of our civil wrongs and its effects on our society. Our modern society is ever-changing, which in turn means […]

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 […]

Sexual Harassment in Malaysia

SEXUAL HARASSMENT IN MALAYSIA Sexual harassment is a serious offense, such offense often happen to woman especially in a workplace where majority employees are male or often the employer to the female worker is a man. In Malaysia, sexual harassment victims are usually the female workers. Sexual harassment could be anything from a verbal harassment, making inappropriate remarks, suggestion inappropriate stuff towards a female employee. Sexual harassment could also be persistent flirting and making distasteful inappropriate body contact like light […]

Sexual Harassment in the Workplace-India

India In India, when the case comes close to deal with the issue of sexual harassment in a workplace, we may first refer to a case law, Vishaka and Ors v State of Rajasthan and Ors. In this case, the Supreme Court of India has laid down the guidelines against sexual harassment in the workplaces. First, the case provides us the duty of the employer or other responsible persons in work places and other institutions. It stated that, the employer […]

Robins & Robins Case Note

Robins & Robins Indemnity can be described as an obligation of making good any liability, damage or loss incurred by another party. In indemnity, one party to the contract holds the other party to the contract harmless for some damage or loss. In this case, the first defense Casings, Inc. will have is that there was a clause in the contract indemnifying it from defects beyond the cost of the supplied parts. Therefore, Casings, Inc. can argue that they are […]

Sharing Lottery Winnings

Notice for Staff Room Wall (Offer) NATIONAL LOTTERY SYNDICATE : [WORKPLACE NAME] Since the National Lottery was launched in November 1994, it has been popular for groups to pool money together for the purchase of tickets for online draws. Not only is it more exciting playing in a group, but the more lines the group buys, the more entries they have in each game, and the more chances they have of winning (NL Website, 2006). We have decided to organise […]

Should Good Faith have any Place in English Contracts?

Should Good Faith Have Any Place In English Contracts? This paper will discuss how good faith obligations might be understood into contracts, and also the issue of how express terms within a contract requiring good faith should be interpreted within a contract. I will be looking into a number of court cases; the European Council Directive and the Uniform Commercial Code to help me to do my best in answering should good faith have any place in English contracts? Currently […]

Significant Developments in the Evolution of UK Business Law

Incorporating the Law Merchant Into Common Law Analysis the significant developments in the evolution of UK Business Law in the period between 1600 and 1900. Explaining how these developments impact upon the current operation of UK Business Law. In the 1600’s a major development of business law was the incorporation of merchant law into the UK system. Before merchant Law was properly incorporated in the UK, it operated in the court of Admiralty which had been strengthened by a statute […]

Anti-competitive Activity in the Single Market

Title: Discuss the effectiveness of Articles 81 and 82 of the EC Treaty in preventing distortions to the operation of the single market ANSWER In The Wealth of Nations [1], published in 1776, Adam Smith reasoned that countries should strive towards the economic goal of a perfectly free market. He argued that a market undistorted by impediments and barriers to the free play of trade would allow the most efficient and successful producers to perform at an optimum capacity and […]

Problem Scenarios on Contract Law

Law of contracts Table of Contents Facts of the case Issues of the case:- Relevant Laws:- Application of law:- Suggestions:- References Facts of the case Alice is the owner of the block of land in the region of the central coast and recently got her architect’s plan for developing that site for the child care facility approved by the local council. Alice sends a letter to four builders i.e Bazza, Cassy, Davo and Edna to tender for the job for […]

Procedures of Search and Seizure in the French Criminal Justice System

Institute of Law Procedures of Search and Seizure in French Criminal Justice system: A Comparative Analysis Comparative Criminal Procedure Procedures of Search and Seizure in Franch Criminal Justice system a Comparative Analysis Abstract Code de Procedure penale is one part of Franch Criminal Justice Administration framework. In the French system it is portrayed this as a mixture of the inquisitorial as well as adversarial models. The Sub Section 1 contains the procedural aspect of inspection of premise, inquiry, search and […]

Professionalism in Forensics Computing

Professionalism in Forensics Computing For the first time following the case of Jones v Kaney [UKSC 2011, 13] experts are open to being challenged under the tort of negligence for their work. Discuss the case and its implications of risk for forensics or security experts involved in the investigation and presentation of findings within the legal process. “Expert witnesses lose 400-year-old immunity” [1]Lawgazette.co.uk. This title appeared in the Law Society Gazette on March 30th 2011 following a Supreme Court decision […]

Property Law and Leasing

191893 Delivery Time :Standard – 5 Days per 5000 words Title: QUESTION: PART A (i) Leslie plc, by deed, granted a ten-year lease of certain premises to Target Ltd from 1st November 2000. The lease included covenants by Target Ltd. not to assign or sub-let the whole or any part of the premises without the landlord’s consent, to keep the premises in repair and to pay the quarterly rent. There was a proviso for re-entry in the event of breach […]

Proving the Guilt of Murder

Question 1 Amina may be guilty of the murder of Yasin and Khadija. Khadija To establish a case of murder, the prosecution must prove (1) that the unlawful death of Khadija was caused by an act (or omission)[1] of Amina; and (2) that Amina did that act (or omitted to act) with malice aforethought[2], whether express or implied[3]. So far as causation is concerned, in the context of homicide offences, this simply means that Khadija’s death was ‘accelerated’ by Amina’s […]

Public Policy and Decentralised Governance in India

Public Policy and Decentralized Governance Panchayat Raj Act and its relevance for democratic governance in rural India. Introduction:- In this term paper, I have been discussed the basic concept of Panchayat raj, democratic governance etc. To understanding the idea of panchayat raj, it is necessary to know the historical background of the panchayat system in India. The roots of the panchayat raj system are in the ancient religious text. The Britishers through enacting the various acts in this regard have […]

Law Essays – Radioactive Waste Substances Act

Waste Substances Act The coursework problem: Under the (fictitious) Radioactive Waste Substances Act (the Act) no person is permitted to dispose of any radioactive waste except in accordance with an authorization granted bt the Minister for the Environment (the Minister) The Act provides that before granting an authorization under the Act “the Minister shall consult such local authorities or other bodies as appear to him to be appropriate”. The Minister also has power under the Act to cause a public […]

REGISTRATION of a FIRM

REGISTRATION AND DISSOLUTION OF A FIRM In this Unit, we will understand the effect of registration of a firm upon the rights of partners’ inter-se and the rights of the third parties. We will also be looking at the various circumstances when a firm is dissolved and the consequences and the effect of the dissolution upon rights and liabilities of various parties. We will be covering the following key parameters: Mode of effecting registration Consequences of non registration Dissolution of […]

Remedial and Institutional Systems

Brief 102317 Delivery Date: 13/08/2005 Title: “The remedial constructive trust has taken root in the United States and Canada: it is unlikely to do so in England” – Millet LJ in Restitution and Constructive Trusts 1998 114 LQR p399 Explain the differences between remedial and institutional constructive trusts and the advantages and disadvantages of each approach. Discuss whether judges in England and Wales are likely to adopt the remedial system. Introduction Endorsed in jurisdictions from Australia to the United States […]

Inspector of Taxes

Explain the rule in Pepper (Inspector of Taxes) v Hart [1993] AC 593, as it now applies. Evaluate its wisdom. (Look at both sides of the argument). ANSWER Introduction This paper discusses the rule established in the 1993 House of Lords case of Pepper (Inspector of Taxes) v Hart[1] and its current application. The rule is evaluated and conclusions are drawn. In essence, this rule of interpretation provides that where primary legislation is deemed to be obscure or ambiguous and […]

Police Powers of Arrest

Police Powers of Arrest and Detention of Offenders Satisfactory The first police power I will evaluate is the power that custody officers have over detainees. When a police officer arrests someone they will have their reasons for doing so and will have seen or heard what the person has done. Though, when he brings him to the police station the custody officer will see whether the constable has detained the person correctly or not. He will look into what the […]

Political Corruption

In the present day and age, corruption has ceased to shock people. Even when Ministers and Bureaucrats are detected engaging in malpractices, they go scot- free due to the reach of their offices and influence they exercise. If anything is done at all, they are given transfers which offer no solution to the problem at all. As long as corruption fails to be legally, morally and socially censured, there exists no hope eradicating it from our nation or even reducing […]

Power Must Never be Trusted Without a Check

“Power must never be trusted without a check”-John Adams. When a government is to be formed, one of the major concerns of the forefathers of a nation is that there is enough liberty given to each organ of the state so as to ensure their proper functioning and liberty, the government is supposed to be divided into three separate organs (the legislature, the executive and the judiciary )with a special system of ‘checks and balances’. This was the system proposed […]

Power of Distribution

In the Estate of Herbert North Summary The answer to the question is that none of the individuals described have authority to act as the situation stands. A representative needs to be appointed before the estate can be administered. Herbert North’s assets will therefore have to be collected in by a court appointed representative and divided among those who are entitled to inherit his assets. It must be impressed upon Mary that Flo, as Herbert’s girlfriend may have the status […]

Prenuptial Marital Agreements

This essay highlights the aspect of prenuptial marital agreements. A pre-nuptial agreement is an contract made by a couple before they get married or enter into a civil partnership, which assorts how they desire their assets to be shared if they should divorce or have their civil partnership dissolved. Such agreements are divided into three categories. First are the Pre-nuptial agreements which are made before marriage. Second are the post-nuptial agreements which are similar to pre-nuptial agreements but would be […]

Prevalence of Gender Bias in Mauritian Legal Profession Law

The Historical Exclusion of Women from the legal profession- A Global Perspective. History is rich in its depictions of old professions, their evolution with time and the way they are shaped presently. Dynamic societies, changing demographics, increased access to education, change in perceptions on gender roles, transformations of the law- all these have revolutionized today’s professions. Now, women are allowed to gain entry into professions that were hitherto barred to them. Studying women’s progression is crucial because of the rarity […]

Government Essays