‘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 […]
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 […]
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Get help with your assignmentTABLE 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 […]
>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 […]
The 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 […]
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 […]
Critically examine how the law on exclusion clauses in contract has developed and the key issues of legal policy to which the present law gives rise. ANSWER Introduction An exclusion (or exemption) clause is a term in a contract that purports to exempt or limit the liability of a party to the contract or to […]
The reasons to select the article and found legal issue The article reported Brief content of the article The 26-year-old accused went to Sydney last August with a student visa in order to develop his further study at the University of Newcastle. During that period, he met a 12-year-old girl at a local mosque, however, […]
Case Title: Samantha Broughton – Term 2 Describe the case as concisely as possible. Samantha is a 15 year old school student with a previous history of miscarriage. She is in a sexual relationship with Tom who is 17 years old and has been prescribed oral contraceptives as a method of birth control. After failing […]
Legal matters are an unavoidable aspect in our day to day life. Many are not aware that their actions have been derived by law at some point. To appreciate this fact it is essential to understand what laws are. Law can be defined as a system of rules and regulations that is set as a […]
Drinking Age More lives have been saved in the last two years alone by safety belts and air bags than have been saved in the 30 years since the adoption of the National Minimum Drinking Age Act of 1984, making the Legal Age to consume alcohol 21 (McCardell). According to the above quote it is […]
Introduction Law provides the framework for the regulation of business relationships and hence is imperative for any business activity forming an important part of business environment. In the given assessment the interplay of law and business has been is depicted while analyzing the legal obligations of parties in various business transactions. Task 1 Sole trading […]
In the background of the statement referred in the task 1(a). Discuss the legal status of a company under the law. Your answer should include a discussion on relevant cases Corporate personality refers to the fact that as far as the law is concerned, a company really exists. Consequently a corporation can easily prosecute and […]
Background The Gaza Strip came into existence following the 1948 war and the establishment of Israel. It absorbed dozens of thousands of Palestinian refugees who were expelled from their homes and lands inside Israel. As two thirds of its population were refugees, the Gaza Strip became one huge refugee camp. The then Israeli Prime Minister […]
When the legislative and executive powers are united in the same person, or in the same body of magistrates, there can be no liberty; because apprehensions may arise, lets the same monarch or senate should enact tyrannical laws, to execute them in a tyrannical manner. (Montesquieu, Spirit of Law 1748) The theory of Separation of […]
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 […]
