Valuable Consideration in Law of Contract Consideration: Consideration may be the benefit that every party will get or expects to obtain from your contractual deal — by way of example, Levis wall socket gets your cash; you receive the jeans. In order for consideration to deliver a legitimate basis to get a contract and understand […]
1.0 Introduction This issue inquiry requires a dialog encompassing the range of statutory translation. To attain consistency, judges and lawful powers have endeavored to create controlling standards of elucidation. Statute law, dissimilar to case law, gives controls as a solitary verbal equation. The expressions of a statute have a special power which words in judgments […]
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Get help with your assignmentIn 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 […]
THE DOCTRINE OF UNCONSCIONABILITY: IS IT APPROPRIATE FOR IT TO BECOME THE UNDERLYING PRINCIPLE FOR A CLAIM OF VOIDABLE CONTRACTS ON THE GROUNDS OF UNDUE INFLUENCE? Table of Contents 1.0 Introduction A voidable contract is one that gives the aggrieved party the right to choose whether or not to proceed or terminate its performance. […]
>Introduction As Maria has Killed John, She is likely to be charged with his Murder. Maria is both factual, ‘but for’ her actions, he would not have died R v White (1910)[1] and legal cause, as her actions contributed significantly to the death of John (R v Smith (1959))[2]. The mens rea for murder is […]
THE INDIAN ARMY: ITS VOTING RIGHTS “Quartered in snow, silent to remain. When the bugle calls, they shall rise and march again.” – The scroll of honour at the Siachen base camp. INTRODUCTION: The history of the Indian armed forces can be traced back in the history of the formation of the independent country India. […]
Walton Construction (Qld) Pty Ltd v Venture Management Resources International Pty Ltd Walton Construction Pty Ltd (Walton) entered into a building contract with Venture Management Resources International Pty Ltd (VMR) for completion of works. Walton provided VMR with an unconditional bank guarantee as security to cover its financial commitment under the contract. Walton submitted a […]
What is Contract Law? The law of contract is a set of rules governing the relationship, content and validity of an agreement between two or more persons (individuals, companies or other institution) regarding the sale of goods, provision of services or exchange of interests or ownership. While this is a wide definition it does not […]
What is law? Law, in its widest sense, means and involves a uniformity of behavior, a constancy of happenings or a cause of events, rules of action, whether in the phenomena of nature or in the ways rational human beings. In its general sense law means an order of the universe, of events, of things […]
THE ULTRA VIRES DOCTRINE OF COMPANY LAW IN ZAMBIA INTRODUCTION This assignment examines the debate on the legal issues surrounding the abolition of the requirement to submit a Memorandum of Association when applying to incorporate a company under the Zambian Companies Act 1994 cap 388 of the Laws of Zambia. This debate has been […]
“When freedom of expression is put to use by the mass media, it acquires an additional dimension and becomes freedom of information.” [1] In the post modern world of technology information plays an important role. From the classified document leak by Julian Assange to the alleged snoop by the US government, information has started to […]
Ukraine Crisis – Change of Elusive Grundnorm or Fundamental Rule of Recognition Recent times is Ukraine has seen a kind of revolution, which was not seen in any part of the world since the post-World War era. In August 1991, Ukraine declared itself to be an independent state leaving USSR. 90% votes were for independence […]
Plea bargaining is a commonly used prosecutorial method to dispose of a case without going to trial. A plea bargain or negotiated plea is an agreement between the defense and the prosecutor in which a defendant pleads guilty to a criminal charge and in exchange he expects to receive some form of consideration from the […]
The Future of Sustainable Protection of Surface and Groundwater; The Water Sustainability Act. Introduction: The Water Sustainability Act is a new law that will be replacing the current Water Act that was made in 1909. The water act has now been outdated pertaining to our water needs, and our growing populations. The Water Sustainability Act […]
Considering the many unfavorable results of company dissolution, it can be appointed in the articles of association that the withdrawal of shareholders should be the pre-procedure for dissolution of the company. Only when shareholders cannot agree upon their ways of withdrawal, the company takes the act of dissolution. Therefore, the author suggests that the company […]
ISSUE Whether James can succeed in an assault Tort claim against Mele for her actions? RULE “An assault is committed where the defendant intentionally or recklessly causes the victim to apprehend immediate unlawful personal violence.” [1] The elements for assault are: An intentional act The absence of consent on Defendants part in this case The […]
Section – 9 (Fair Trading Act of 1986) applies to a given truth circumstance. Act to preclude certain behavior and practices in exchange, to accommodate the revelation of customer data identifying with the supply of products and administrations and to push item wellbeing. Segment 13 – make a false or deceiving representation that merchandise […]
Trademarks are signs and combinations that identify goods and services of a particular individual offered in a market. Today the trademark is a way to attract the public. Consumers look at trademarks to choose goods and services, which increases the role of trademarks in global marketing. Trademarks are important in the sense that most of […]
CHAPTER 1 TRANSFER PRICING- AN INTRODUCTION Introduction Transfer pricing is very important in economic sense as it impacts foreign investment. These transactions are also not subject to the same set of circumstances worldwide and each transaction may be affected by different variables. This is essential due to the rise and the growth of the Multi […]
Prostitution – how does the current law and society treat women who are prostitutes? Prostitution is apparently the oldest profession in the world but equally it is one of the most denigrated and disparaged professions in the world. The stereotype of a prostitute is a downtrodden woman, probably with a drug habit, who ran away […]
‘Trusts in a commercial setting require treatment that differs from that given to traditional trusts. Some modification is essential if trusts and equitable relationships are to be of utility to commerce.’ Critically evaluate the above view, with reference to case law and literature on both the nature of a beneficiary’s interest under a trust and […]
Two sides of the same coin: Evaluating 74th Constitutional Amendment Act Abstract: To strengthen the position of urban governance in a more organized manner, the government of India took a pivotal initiative through the enactment of the 74th Constitution Amendment Act. In this paper I attempt to analyse the role of 74th constitutional amendment in […]
SUPREMACY OF THE EUROPEAN UNION 1 This paper provides an analysis on the importance of the Supremacy of the European Union Laws, in helping the EU community to achieve its objectives. The European Union is a political institution, with its own legislative and administrative body. The intention of this Union is to promote the economic […]
Across the world there are many different types of criminal justice system to keep and maintain order and peace within their area of jurisdiction creating a social code of conduct, the law. The criminal justice system tries to deter individuals from disrupting this peace and order by pressuring them with the notion of punishment forcing […]
Introduction The corporate insolvency concerns different parties with an interest in the business and those interests may resulted in conflicts and tensions between them. The existence of corporate insolvency law attempts to balance the interests of the competing stakeholders, such as creditors, employees, local community and the public. While on one hand, insolvency law is […]
Criminal offences are categorised into three classes in accordance with their gravity: summary offences (common assault, soliciting and failure to pay a TV license), offences triable only on indictment (murder, manslaughter and causing death by dangerous driving) and offences which are triable either way (inflicting grievous bodily harm, unlawful wounding and indecent assault). This procedure […]
The word tort is derived from the latin word tortus, meaning a wrong. Tort law is the law concerned with allowing the victims of harmful actions, whether caused deliberately or by negligence to claim compensation. In order to advise Shane who, if any one, he can sue for compensation for his injuries. It is important […]
BACKGROUND TO RESEACH The United Kingdom Points Based System (PBS) was introduced by the Labour government in February 2008 to replace the complex visa system. The new points based system is governed by Immigration rules. The UK Border Agency (UKBA) introduced this new immigration control system to manage applications from people who wish to come […]
‘Female defendants are processed within the criminal justice system in accordance with the crimes which they committed and the extent to which the commission of the act and its nature deviate from appropriate female behaviour’ – Susan Edwards, Women on Trial (Manchester: Manchester University Press, 1984) p.213. Critically discuss the above statement, with particular reference […]
“The unwritten nature of the UK constitution has made the legal system of the UK even better structured. It has the most supreme authority over its institutions and is organised enough as to run the functions of parliament in comparison to the written constitution of the people’s republic of Bangladesh” Critically analyse. Every state has […]
