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 […]
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 […]
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Get help with your assignmentASSIGNMENT “Discuss whether the doctrine of unconscionability is appropriate to form the underlying basis for a claim of voidable contract on the ground of undue influence” TABLE OF CONTENT Introduction Common Law Countries’ Position England Australia Canada Malaysia’s position Conclusion Bibliography Introduction According to the Contract Act[1], in section 16(3) when a person entered into […]
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 […]
Policing the Web The police may give off an impression of being one of the figures best set to commission criminal law relating to cybercrime (be that as it may we ought to see, they are by no means, the primary figure so included). Policing has long been a topic of excitement inside criminology, and […]
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 […]
Question 1 Introduction We will consider water and air pollution. We will look at what causes harm to each of these media. We will then move on to consider the legal provisions in place to counteract or prevent that harm. Water This is mainly concerned with inland and coastal waters and the quality of these […]
The Indian Penal Code, 1860 (hereinafter IPC), drafted by T. B. McCauley and his colleague law commissioners, reflected the then prevailing sexual norms in India, criminalized ‘rape’ – a coercive non-consensual (as well as consensual in a set of specified circumstances) sexual intercourse with a woman. S.375 [1] of the Indian Penal Code describes six circumstances in […]
Introduction In this paper, I will advise Druid Sons Ltd as to its potential liability in the law of tort, specifically in regard to the losses and injuries caused to David and Percy, respectively, by the discharge of excess chemical fumes from its waste treatment plant; and, more generally, in regard to potential claims from […]
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 […]
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 […]
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 […]
Paternity under Islamic Law The paternity of a child can be established through marriage, acknowledgement and evidence under the Islamic law in Malaysia. Paternity of a child should be established in order to determine his or her status as a legitimate child or an illegitimate child. Thus, when a child is born, it is important […]
(i) In the rules of criminal procedure, a suspected person has no obligation to answer any questions because the burden of proof of a criminal case is at the prosecution side. Therefore Herman can exercise his right of silence which is protected under the Article 11(2)(g) of the Hong Kong Bill of Rights Ordinance (Cap. […]
INTRODUCTION In construction environment, payments was defined as the value of works, materials or goods comprised in a contract as in Royden (M) Sdn Bhd v Syarikat Pembenaan Yeoh Tiong Lay Sdn Bhd[1]. In a simple words, payment can be a consideration in terms of money for works that Contractor had carried out and material […]
Tort Law Can the owner, Mary successfully sue Tom for the damage to her car because of negligence? Identify and discuss the essential element of the tort law that she must prove. To sue Tom for the damage to her car, Mary need prove three important factor: Tom owed them a duty of care: She […]
Intro of PDPA Regulation of the processing, use and disclosure of the personal data in our country, Malaysia has been a subject of the interest as well as hot debate topic started since the late of 1990s. Even though the use, disclosure and processing of personal data in the certain industries, for example the banking […]
1. On 15 April 2010, because aircraft risks most of the European airspace was closed down due to the eruption of the Icelandic volcano, Eyjafjallajkull. Denise McDonagh, had reserved a flight from Faro to Dublin[1] for 17 April 2010, was cancelled by an unexpected event as discussed above and did not resume until 22 April […]
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 […]
Ms Rose Mah is a recent graduate from an approved pharmacy school in Malaysia. She decides that she wants to work locally as a registered pharmacist. Describe the process and requirements for registration as a pharmacist in Malaysia. Rose needs to possess a pharmacy qualification recognized by the Pharmacy Board Malaysia. After she checked to […]
Part 1: BACKGROUND FACTS: In July 2008, Janice Long [JL] instigated personal injury [PI] proceedings against her employer, Business Solutions PLC [BSP], for a back injury which she sustained at its premises in December 2006. JL is claiming for A£30,000 in compensation. JL has followed the Pre-Action Protocol for Personal Injury Claims. BSP submitted its […]
Coursework 1 Adam, Belle, Claire and Dennis have decided to set up a new company which is private, limited by shares. Section 1 Incorporation Documentation Memorandum of Association (MoA) Under the Companies Act 1985[1] the Memorandum of Association[2] sets out a company’s constitution and objectives. It’s also forms the basis of a company’s existence, by […]
PERSONAL STATEMENT ‘The task of modern educator is not to cut down jungles, but to irrigate deserts.’ -C.S. Lewis. I am presently undertaking my dual graduate degree of B.A., LL.B. (Hons.) in Constitutional Law, from Institute of Law, Nirma University, Ahmedabad, Gujarat, India (ILNU). I got enrolled in the 5 years’ integrated professional law course […]
Question a: A company that formed will create a separate legal entity to conducting business which is protected under the Companies Act 1993 (Companies Office, 2014). When a company is formed, the company will contained some basic elements such as the company’s name which is reserved by Registrar of Companies, at least one share, one […]
Introduction A string of media investigations during the 1980s uncovered police corruption in Queensland. Persistent media attention and national interest soon led the Acting Premier of Queensland to commission an inquiry into illegal behaviour and related police misconduct. The subsequent inquiry substantiated reports that corruption did exist and that, worryingly, the corruption was wide-spread and […]
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 […]
“….There is not equity in this court to perfect an imperfect gift”- Turner LJ in Milroy v Lord (1861)- How accurate is this statement in current English law? In order to assess the accuracy of Turner LJ’s statement, it is first necessary to consider the context of it, and discuss briefly what it refers to. […]
Restraining order under S.176(10) A restraining order will only be given by the court when a scheme or an arrangement is proposed to the court under the consideration as accordance to s.176(1)&(3) to prohibits the court in granting any further action towards the said company. However such application must be applied to court before any […]
Minority Rights QUESTION 1: Minority Rights and Entrenchment in Statutory and Constitutional Instruments The British North America (BNA) Act of 1867, among other things, guaranteed some set of minority rights for the Canadian minority groups. This section highlights the rights, their effectiveness, and factors that contributed towards the statutory establishment of the rights in the […]
Humans make decisions, often unconsciously, based on odors. Thus, by the odor we choose a flower and even lately have been found that we choose our couples. However, not all odors smell nice and there are odors that eventually can cause nuisance. The human development and the consequent enlargement of cities, has brought with the […]
