Law Essays

1318 essay samples found

Equitable Treatment of Foreign Investors

It is now established in international law that States are not liable to pay compensation to a foreign investor when, in the exercise of its police powers, they adopt regulations that are aimed at the general welfare.[1] The mere loss of value does not suffice as an expropriation, as the investor still has full ownership […]

Pages: 7 Words: 2123

International Treaties and Reservations to them

Introduction Treaty is an international agreement between states or international organisations. Besides that, it is also one of the sources of international law because in a treaty parties can include rules and law on various aspects. In order to have a proper guidance on law regarding treaties, the Vienna Convention on Law of Treaties (VCLT) […]

Pages: 6 Words: 1808
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The Companies Act 1985: Interpritation

Title: The Companies Act 1985 s. 14(1) states: Subject to the provisions of this Act, the memorandum and articles, when registered, bind the company and its members to the same extent as if they respectively had been signed and sealed by each member, and contained covenants on the part of each member to observe all […]

Pages: 10 Words: 2921 Topics: Act

Investigative Plan into Daytime Robberies

INVESTIGATIVE PLAN1 Investigative Plan Introduction This paper describes an investigative plan designed to deal with the spate of daytime robberies occurring recently in this city. The plan will draw upon the limited information obtained by our police officers in respect of each of the robberies. Aspects covered in the investigative plan will include the investigative […]

Pages: 5 Words: 1533 Topics: Criminal Law

Is International Law a Process or Can it be Regarded as ‘Rules’

In Problems and Process, Higgins tries to show that there is an unavoidable choice to be made between the perception of international law as a system of neutral rules, and international law as a system of decision-making directed towards the attainment of certain declared values.[1] She begins her article by stating her opinion that international […]

Pages: 5 Words: 1536

Issues in the Law of Tort

Introduction This scenario presents issues in the law of tort that arise in negligence, and there is the possibility of a defence to parts of the action, in remoteness. Firstly it must be established if a duty can be found from one party to another, as with no duty there can be no liability, which […]

Pages: 4 Words: 1271 Topics: Tort

Issues on Treasure, Covenants and Easements

The main issues that I would like to discuss are; treasure, covenant and easement. The first issue relates to the Treasure found on Albert’s land. All Treasure found belongs to the Crown[1]. To determine whether its treasure, it must come under the categories of treasure[2]. The two main categories that would apply are S1 (c)[3] […]

Pages: 5 Words: 1590

Commercial Practices in European Union

Introduction The memorandum is intended to deal with two issues arising from Mr.Nedkova related to the unfair commercial practice Directive (UCPD) in European Union. First of all, whether a commercial practice in Mr.Nedkova case considered as “unfair” and to what extent commercial practice may be regarded as unfair? Furthermore, the second issue concerning on which […]

Pages: 4 Words: 1084 Topics: European Union

Judicial Commentary

RECENT JUDGEMENTS ON THE ISSUE OF CORPORATE PERSONALITY PARTICULARLY IN THE GROUP CONTEXT SHOW STRONG AND CONTINUED SUPPORT FOR THE IDEA OF SEPARATE CORPORATE PERSONALITY. DISCUSS One of the consequences of incorporating a limited liability company is that it becomes a separate legal entity. This means that it is has a separate and distinct personality […]

Pages: 12 Words: 3650

Judicial Reforms

“Recent judicial reforms will ensure judicial independence from interference by the State, but greater transparency of judicial appointments may also decrease the public’s reverence for judicial office.” 1. Introduction The drive for constitutional reform is on the basis of the foundational concept of the separation of powers. Integral to this is that the judiciary should […]

Pages: 7 Words: 1981

Advice Style

The Great Developer Sdn. Bhd.is able to raise objection towards the land acquisition as the company is the land proprietor, which within the meaning of person interested in accordance with interpretation section of Land Acquisition Act 1960 (LAA 1960).[1] However, the grounds that could be raised to challenge had not expressly stated within the provisions […]

Pages: 4 Words: 1294 Topics: Advice

Unmarried Couple

Parties whether married or unmarried may contribute to the purchase of a home for themselves, but subsequent events may give rise to a dispute when a relation break up as to the ownership of the property. The problem above is for us to advise Anne upon whether Brian has any claim to a beneficial interest […]

Pages: 11 Words: 3340 Topics: Marriage

Limitations to the Law of Negligence

Discuss the effectiveness of the limitations that the law of negligence has imposed concerning the internalization of the costs of accidents The internalizing of the external costs associated with the consequences of negligent acts is a difficult proposition for academics, the courts, and government authorities. From the primary perspective of motor vehicle accidents, this paper […]

Pages: 7 Words: 1994

Company Law Problem Question

Coursework Question Fred and Anne have been operating in partnership for several years, running a business that renovates flats for rental. Occasionally Fred, who is responsible for repairs, has failed to get urgent repairs carried out when they are notified by tenants. One of the tenants, Lisa, has announced that she intends to raise a […]

Pages: 5 Words: 1410

The Law on Adverse Possession

Critically discuss this statement. ANSWER Introduction Adverse possession is known in popular parlance as squatter’s rights. The law on adverse possession concerns the process by which title to real property owned by another party is acquired without the payment of compensation, by, as its name suggests, occupying the property in a manner that conflicts with […]

Pages: 5 Words: 1508 Topics: Act

Defining Public Authority and Public Function

211188 A. When deciding whether or not the courts have adopted a coherent approach to defining “public authority” and “public function”, one must first look to the section of the Human Rights Act 1998 (“the Act”) which addresses this. In section 6, the Act holds that “[i]t is unlawful for a public authority to act […]

Pages: 5 Words: 1624 Topics: Act

Legal and Institutional Obstacles

Research Proposal EFG Ajayi Abstract It is settled that of all the modes of transportation, viz., air, land and sea, carriage of goods by sea is the most economical way to take sizeable quantities of cargo over long distances. The development of special vessels of immense sizes and propulsion to carry various cargoes has continued […]

Pages: 7 Words: 2160

Liability for Theft

? ? ? ????? ? ???????, ????? ??????? ????????, ??? ??????? ? ??????????????? ?? ????? ?? ???????, ?????????????? ??????? 9 (1) (?) ?????? ? ??????? 1968 ?. [1], ??????? ?????????? ????? ?? ??????? ??? ???? ? ?????? ? ???????? ??????????, ??????????????, ? ????????? , ???????. ??????? – ??? ??????, ? ?? ??????????? ? ??? ?????????, […]

Pages: 1 Words: 230

Malaysian Company Law

Initially, when a company is in the condition of winding up, section 176 and 177[1] would be helpful to overcome the financial difficulties that have been faced by the company. In another words, section 176 and 177 of the Companies Act 1965 will protect the company from liquidation. Therefore, certain rules and procedures need to […]

Pages: 8 Words: 2468 Topics: Act

Malaysian Maritime Transport and Security

Maritime transport and security The Malaysian act which covers this issue is has follows: 249A – 249AA The littoral States of the Straits have undertaken various initiatives aimed at curbing the menace of piracy and securing the waterway from the threats of terror. These measures include: On the basis of 38 attacks in the Straits […]

Pages: 3 Words: 1049

Criminal Justice System

Title How can a Restorative Justice approach work in our current Criminal Justice System? Restorative Justice Introduction Before the Restorative Justice Act was enacted by the Maltese Parliament in 2010 and subsequently coming into force in 2012 with the publication of Legal Notice 43, criminal justice was first and foremost a punishing system as a […]

Pages: 9 Words: 2758 Topics: Criminal Justice, Justice

The State of Maharashtra

Manoj Mahadev Gawade Vs.The State Of Maharashtra Brief Summary of Facts: Suhas Nadgouda was the Assistant Police Inspector at Miraj Rural Police Station from November 2004 to May 2007. In the morning of 15th June 2006 at 7:30 am Head Constable Kamble informed Suhas that nobody is residing to the call given at the house […]

Pages: 6 Words: 1852

Matters to be Considered in Determining the Quantum of Compensation

Matters to be considered in determining the quantum of compensation Article 13(2) of the Federal Constitution mentions that the ‘compensation’ has to be ‘adequate’. Under Section 12(1) of Land Acquisition Act 1960, the land administrator is needed to make complete enquiry into the assessment of the land obtained in order to ensure the quantum of […]

Pages: 4 Words: 1154 Topics: Act

Methods on how Fatwa

Methods on How Fatwa was proposed and gazetted. Generally fatwa means answers of muslim scholars based on their knowledge on the primary source of Islamic law on a particular issue that is raised. Mainly it is to resolve an issue when there is a doubt on Islamic religious practice that is permissible(halal) or forbidden (haram)[1]. […]

Pages: 5 Words: 1363

Minority Rights

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 […]

Pages: 6 Words: 1928

Minority Shareholder Watchdog Group

Introduction There are two types of shareholders, namely the majority shareholders and the minority shareholders. Minority shareholders refer to those who own less than 50% of the company’s shares and thus do not possess voting power in the company. Generally, those who have shares in a company must follow the majority rule. However, the law […]

Pages: 10 Words: 3116

Mooting Bundle

WRITTEN SUBMISSION BY CO-COUNSEL FOR APPLICANT A. ISSUES TO BE DISPUTED Whether Section 15A of the UUCA is unconstitutional as it violates the right to freedom of speech, assembly and/or association provided for by Article 10(1) of the Federal Constitution. B. WRITTEN SUBMISSION First submission Section 15A of the UUCA contravenes Article 10(1) of the […]

Pages: 5 Words: 1580

Negligence and Duty of Care

Duty of care. Duty of care is the first element of negligence and therefore, in order to discuss further on duty of care, one would have to first define the tort of negligence. In Blyth v Birmingham Waterworks Co,[1] the courts defined negligence as an omission of something which a reasonable man would do and […]

Pages: 5 Words: 1416 Topics: Duty

Negotiable Instruments under State and International Law

Negotiable Instruments 1 Part 1 Negotiable instruments are governed by both state and international law. Universally, the instruments are governed by the Universal Commercial Code (UCC) which defines negotiable instruments as unconditioned writing that promises payment of a fixed amount of money. Under the UCC checks are chiefly covered in article 3 and 4. The […]

Pages: 4 Words: 1289

Nigerian Human Rights

CHAPTER 1 1.1INTRODUCTION Human rights in most cases are discussed as synonyms with constitutional rights. This could be as a result of general conception is that every right can be enforced in law. The word ‘right’ means that to which an individual has a just and valid claim, whether it be land, a thing or […]

Pages: 11 Words: 3352 Topics: Human Rights
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