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 […]
>Introduction The secret trusts include fully secret trusts and half secret trusts. They are mechanisms whereby estate can be disposed of without the details of the beneficiary becoming common knowledge. Rules for testamentary dispositions are strict and this is necessarily so since the testator is no longer able to provide evidence of intention. Despite arising […]
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Get help with your assignmentThe rules relating to implied grant of easements have been described as “strange [and] magic-like” (Sexton and Bogusz, Land Law: Text, Cases and Materials, 2013, 3rd edn, OUP, p 565). Disregarding easements created by prescription, explain these “magic-like“ rules. Do the rules differ in the case of implied reservation of an easement and why is […]
Scheme of arrangement under S 176 of Companies Act had been a formal corporate rescue process in Malaysia before the outbreak of financial crisis of South East Asia in 1997.[1] Although the purpose of the provision had never be a corporate rescue mechanism,[2] Scheme of arrangement not only can be applied by the insolvent company […]
DISABILITY ANTI-DISCRIMINATION LAWS 1 There is a great deal of evidence that people are supporting anti-discrimination legislations in the United Kingdom. This evidence emanates from the support that comes from the trade unions, such as the trade union congress, and other organizations which aim at supporting the disabled people within the society. There is no […]
According to the case given by the question, we would like to discuss about whether a high court judge are bound to follow the decision made by the judge of Court of Appeal when they are having the similar material facts. As a High Court judge, Mr Justice Peter is bound to follow the decision […]
It has often been said s 33 (1) Companies Act 2006 creates a statutory contract, albeit one with very distinctive features. Explain the nature of this statutory contract and who may enforce the provisions of the Articles of Association as a result. The introduction of the Companies Act 2006 amended the law regulating corporations which […]
TABLE OF CONTANTS NO. CONTENTS PAGES 1 INTRODUCTION 2 2 DEFINITION 2 3 QUESTION: What reasons have been given by the courts for the postal acceptance rule? and in what circumstances will the postal acceptance rules not operate? 3 4 RELEVENT CASE 6 5 CONCLUSION 7 6 REFERANCES 8 INTRODUCTION An acceptance agreement strengthens a […]
1.0 POSTAL ACCEPTANCE RULE The postal rule is first created in Adam v Lindsell 1818. The court had to decide the contract formation period by mail. Two parties will communicate by post which the acceptance time could not be determined. This is because that mailing often last for few days and both parties could not […]
2. Content: Using your own words, briefly explain your understanding of the essay title and the issue you are being asked to address. What exactly is the essay title asking you to do? In my opinion the essay title was asking for me to research other jurisdictions for evidence of a doctrine of unfairness, how […]
Do multinational corporations have a responsibility under international law to promote human rights and the environment in the countries where they do their business? Introduction ‘Multinational corporations’ (MNCs)’ which can be defined as the companies run the business and set up the factories away from the place they are located. MNCs have a considerable influence […]
RIGHT OF SELF DETERMINATION INTRODUCTION Self-determination can be defined as a right of peoples or the will of the people under international law to exist and to have access to government. This principle has at its spirit in the achievement of true representation and democracy based on the premise that the consent of the […]
Upon a trustee accepting their role, they are bound by certain duties to the trust and its beneficiaries, which they must exercise with due regard when discharging their trustee power. These are predominantly governed by the Trustee Act 1925, as amended, however there have also been many occasions where the courts have sought to elaborate […]
Question A I am asked to advise a number of parties in relation to their right to British citizenship. From the statement of facts, it is clear that all the parties are related by way of family to a British father, Andrew. In relation to his wife Barbara, a Canadian national, the most appropriate course […]
The Romalpa Case: Signpost or Diversion? The supply of goods on credit is a commercial commonplace. Foreseeable difficulties will however arise where the buyer withholds payment or, more seriously, is unable to make payment due to solvency difficulties. The difficulty when a company is forced into liquidation or an individual into bankruptcy was summarised by […]
THE ROME II REGULATION 1 The Rome II regulation is an example of a European Union Regulation that concerns itself with the conflicts of law that are applicable to obligations that are not contractual. As from January 11th 2009, the Rome II regulation was able to create a set of rules that are harmonized within […]
RULE OF LAW The rule of law is defined as ‘the principle that all people and institutions are subject to and accountable to law that is fairly applied and enforced; the principle of government by law.’[1] This is the principle that individuals and government can only act with publicly known law accordingly and those law […]
Language of Law – Interpretation Continues Abstract The paper is a nitty gritty investigation of ambiguities that emerge in the interpretation of legal language. It first discusses equivocalness that exists in English language and afterward happens to examine how the vagueness in language brings about making the law equivocal. Different illustrations and case laws have […]
Z3434911 1 Introduction The Middleton J observation cited in the title question brings a crucial contemporary corporate governance issue into starker focus. [1] Corporate governance is a phrase that has an undeniable ‘motherhood’ element, in that most reasonable people might understand that company directors cannot insulate themselves from liability where they take no steps to […]
Introduction Petroleum exploration and production in Australia is carried out between two participants the government (Commonwealth, States or Territory) that owns the petroleum resources; and the oil companies who explores and produces the oil and gas (petroleum). There are two main reasons why governments need Oil Companies, is risk capital which is very expensive, and […]
One of the hardest things to sort out in law school is whether to choose a litigation or transactional career. [1] The question seeks an answer as graduation approaches and a choice needs to be made by the young ‘legal eagle’ as to which road he would want to tread upon. Upon graduation from law school, it […]
The Law of Agency is an area of commercial law that deals with fiducial relationship between a person (principal) according authorities, implicitly or expressly, to another person (agent) to act on his behalf to create a legal relations with a third party. The relationship between an agent and a principal maybe contractual, non-contractual or quasi-contractual […]
Executive Summary The accident of Malaysian Airlines MH17 is considered one of the worst in the history of Ukrainian aviation history and more so in the history of aircraft destructions. The death of 280-odd civilians flying from Amsterdam to Kuala Lumpur on 17th July, has been horrific and has shocked the entire world. The crash […]
Equity – Assignment Question 3 Introduction As described by Sir Frank Kitto, Justice of the High Court of Australia from 1950 to 1970, the law of equity is ‘the saving supplement and complement of the Common Law….’ which prevails over the Common law in case of conflict between both the laws and thus by repairing […]
THE MEANS OF ACCEPTANCE Acceptance is the second stage of discovering whether an agreement has been reached under classical contract theory is to look for an acceptance which matches the offer that has been made. No particular formula is required for a valid acceptance. As has been explained above, an offer must be in a […]
Brief : 106924 Delivery Date : 15/12/2005 Title: LAW: Tortious Liability and Negligence – ENGLISH LAW – (1st Year LLB Law Uni Degree standard) QUESTION Lucky B’Stard wins A£7,843,000 on the National Lottery. He decides to invest A£5,000,000 and, in his words, to “Spend, spend, spend” the balance. He solicits the services of Whizzkid, a […]
Question 1 In this question, there are two main issues to be considered. Firstly, whether Gwen has the capacity to give consent to sterilisation and secondly, whether Gwen has the capacity to refuse to go to hospital for the kidney tests. The Sterilisation The fundamental issue for Gwen is whether she has capacity to consent […]
Although registration of land is not compulsory the Government have tried in recent times to encourage the registration of land by offering incentives to those who are in possession of unregistered land[1]. Generally speaking land that is unregistered only becomes registered when the owners of that land sell it to another[2]. All land purchased since […]
In 1945, international law as we know it was officially formed. The main difference between International laws and other local legal laws is that international laws mainly deal with a nation as a whole whereas a country specific legal system deals with individuals within their respective nations. The two laws of prime importance are private […]
Project Outline For the purpose of this assignment, the company that I have chosen will be preparing to buy a piece of land in the north of France and build houses upon it. The land already bares a barn and is from a private owner. The processes to buy, plan and develop the project will […]
