Barclays Bank v Quistclose [1970] AC567 Introduction The following essay will study the case of Barclays bank v Quistclose[1] (hereafter Quistclose). The case of Barclays Bank Ltd v Quistclose Investments Ltd explained certain legal matters that arise when a lender lends money to a business for a specific purpose, but the company becomes bankrupt […]
End of Chapter Questions – Business and Employment Law Week One Page 32, question 5: Is the hospital correct? What additional information might you wish to know to answer this question? The classification of an employee and independent contractor is brought up in the case of Wojewski versus Rapid City Regional Hospital Inc. (Bennett-Alexander & […]
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Get help with your assigmentChapter 5 Conclusions and Suggestions Before theBommai[i]decision was delivered, the Constitution of India excluded the jurisdiction of the Supreme Court when the President declared emergency. However, things are now clear that the Court can now scrutinize whether the power provided by Article 356 has been misused or used arbitrarily or that there is no relevant […]
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Central Product Classification (CPC) The Central Product Classification (CPC) comprises a comprehensive product classification covering goods and services. Therefore, one of the main characteristics of CPC as a general-purpose classification is that it provides less detail than the other specific categorization systems in areas or for applications for which such systems are obtainable. CPC is […]
Coco-cola intellectual property Research paper Abstract In past few years the issue of considering the intellectual property rights and rules has came into the existence.AAAAA According to the report submitted by Canadian government determines that ownership of Intellectual Property rights related to technology can breach rules of competition in some situations .This paper represents how […]
QUESTION What distinguishes a commercial contract from other agreements, be they family arrangements or gentlemen’s agreements? Illustrate your answer with cases. Answer: Agreements: Agreements are not legally enforceable. This consists of an offer and acceptance to that offer without intention to make the agreement legally binding. Agreement = Offer + Acceptance Contract: A contract on […]
Introduction As the day company is formed, it can be said that the company is “incorporated”. As the company uniqueness is that it provides for effective separation of resources and managements of its resources and it is further compounded on the fact that the owner of the capital can limit his or her liability to […]
Question Recently gautam limited liability convened an annual general meeting in which five directors were elected. The board of directors had several meetings and they decided, interalia, to purchase 150 acres of land by using the company money. The directors thereinafter sold the land at high price and kept 10% of profit for themselves. Dom, […]
Interpretation of Statutes CONSTRUCTION OF MANDATORY PROVISIONS I. INTRODUCTION There is no universal rule regarding the construction of statutes. It is the duty of the judiciary to try and determine the real intention of the legislature by prudently taking into consideration the entire scope of the statute to be interpreted.[1] The study of various cases […]
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 […]
CONSUMER RIGHTS AND HUMAN RIGHTS ARE TWO SIDES OF THE SAME COIN. Every human being has certain set of rights which help them in having a purposeful existence in the world, we call those rights as human rights. There are no fixed set of rights that we have declared human rights, they are evolved over […]
Contrast liability in tort with contractual liability A contractual liability means that all persons involved in the contract have the contractual duties to complete all conditions in the contract, while liability in tort means that a party causes damages to another party and is liable to remedy to that party no matter it is intentional […]
DIPLOMA IN CONVEYANCING Question 1(10 marks) Define any FIVE of the following terms, giving an example of each in order to illustrate your explanation: Choses in action Choses in possession Eminent domain Chattels real Nemo dat quod non habet Indefeasibility Torrens system Answer: (a)Achoses in actionis anintangiblepersonal propertyright recognized and protected by the law. […]
‘It is inappropriate for courts to seek to take account of considerations of distributive justice in their decisions in tort such factors are ones for the legislature alone.’ Critically evaluate this statement. In order to evaluate whether or not it is appropriate for the courts to take account of considerations of distributive justice in tort, […]
Brief : 194325 Delivery Date : 29 March 2007 Title: Download a case from the Europa website. Find the ECJ judgment for criminal proceedings against Kolpinghuis Nijmegen BV 80/86. Based upon this download of the judgment, answer all of the following questions. ANSWER Source: Judgment of the Court (Sixth Chamber) of 8 October 1987. Criminal […]
Our precedent case: Case name: Crocker v Sundance Northwest Resorts Ltd._______ CanLii citation: 1988 CanLII 45 (SCC)________________________ Our precedent case has played an important role in the development of Canadian law; according to our textbook, it stands for the following principle (you may quote your textbook here): Duty of care Voluntary assumption of risk Contributory […]
“An attempt to arrive at definition of equity is bound to fail. Equity cannot be confined within some tightly drawn formula. The most that can be done is to indicate the main areas in which equity intervenes in the legal system, to estimate the value of those interventions and to try and estimate where […]
Question 1 Charlie attacks Betty with an ashtray, killing her and incurring prima facie liability for murder. The actus reus of murder is causing death which requires that the defendant’s act satisfies factual and legal causation. As there are no competing causes of death, these requirements are established and the actus reus of murder is […]
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 […]
Main Issue Whether the death sentence violates the Eighth and Fourteenth Amendments? Relevant Legal Concepts “Reasonable people can differ about whether the ethical judgments embodied in these legislative and judicial decisions should be legally sanctioned as the public policy of the state.” (p. 64) “A person whose behavior is consistent with moral principles is said […]
Carl’s right to be a racist and not be terminated We live in the United States for a reason, and that reason is our freedom. We have many rights, which fall under the United States Constitution, which helps to protect our rights as U.S. citizens. Carl is a hard worker and it seems that he […]
After a strike, does the employer have an obligation to place striking workers back in their prestrike position if there might be violence aimed at them? Diamond Walnut Growers Inc. v. NLRB According to the book “If the employer replaces the strikers with new employees, then once the strike is over, the strikers have a […]
The Area of Law The area of common law relevant to tort of negligence will be discussed to determine whether Terry Fagan Mining Pty Ltd is liable to Brendan Yze. Principle of Law Negligence is a tort, which can be dictated as a conduct that are not caused deliberately by defendants to result in another […]
Research Essay APPENDIX A: RESEARCH ESSAY In situations of conflict between EU law and National law, which law is to prevail? The European Union treaty is mostly silent on which legal authority should be followed in situations of conflict […]
Introduction This task will evaluate the impact of the law of tort on ABS chemical plant in a given situation. Scenario You work on the Legal Team for ABS Chemical Plant, it is your role to advise the Company Directors and Management on any legal issues that arise within the company. Advice has been requested […]
“The rules relating to refreshing memory allow a witness, who has forgotten everything about an incident, to still provide testimony. To that extent it subverts the purpose of examining a witness as it means they cannot be properly questioned about their recollection since they are testifying about what they are reading and not what they […]
Dear Sir, RE: ADVICE ON ALLEGATIONS MADE AGAINST YOU. We have received your email on17th December 2014 and are now pleased to advise you on the matter. 2.0MATERIAL FACTS 2.1That you had received a document from a man in uniform due to the complaint made against you by the public for causing a nuisance while […]
In order to answer this question one must first assess and consider the law relating to the family unit. This will require an in-depth analysis of the rationale behind the judgment of Re G[1], and whether the law has enhanced the changes in social normality and whether this should be promoted or restricted in its […]
Question One Fiduciaries have important obligations and duties some of which have been stretched to encompass areas which have not traditionally formed part of the duties. This assignment will explore some of these duties and discuss whether or not they have been stretched to there limit. It will be concluded that fiduciary duties are particularly […]
