Virtue Essay Examples - Free Research Paper Topics on StudyDriver.com

“Salomon is in the Shadow. it is Still Alive but no Longer Occupies the Centre of the Corporate Stage” (Schmitt Off, C.M., ‘Salomon in the Shadow’ [1976] JBL 305).

Critically evaluate, with reference to relevant case law and statute, how far this statement accurately reflects the current law relating to lifting the veil of incorporation. Introduction Salomon v Salomon[1] involved the principle of separate corporate personality. This states that as a general rule a limited company’s shareholders are not liable for the company’s debts beyond the nominal value of their shares[2]. However, in certain situations courts have ignored this principle[3]. Courts have done this under statute, during wartime, where […]

Mutual Trust and Confidence in Contracts of Employment

Mutual Trust and Confidence in Contracts of Employment In order to answer this question one must first assess and consider the law relating to the implied duty of mutual trust and confidence in contracts of employment. This concept will need to be examined in accordance with case law and current working practices. The idea of mutual trust and confidence is regarded as an implied term that is placed into the contract of employment. It is worth noting that other implied […]

Property Law Assignment

Property Law Assignment Part 1 In this scenario, Raj has allowed his sister-in-law, Joyce, to live in his property. The question is whether Joyce enjoys the rights of a tenant, or if she is actually a mere licensee. There is, in English property law, a crucial distinction between the tenant and the licensee; the former enjoying significantly greater and more secure rights than the latter. It is often not, however, a clear cut distinction. In the present case, the terms […]

The Law for Psychiatric Harm by Secondary Victims

Critically analyse the way the courts have developed and limited the law in relation to claims for psychiatric harm by secondary victims. Date authored: 18 th August, 2014. Introduction This paper will attempt to analyse the development of the law regulating the negligent infliction of psychiatric harm to secondary victims. This area of law is one filled with uncertainty due to the various limitations that have been introduced in an attempt to restrict an expansion of potential claims. The Law […]

Modern Perspective on Contractual Obligation

Empirical studies of contracting behaviour consistently demonstrate that commercial contracting parties care little for written contracts or the rules of contract law. Should the law of contract manifest any concern over this? If not, why not, and if so, how should the rules of contract law be amended to better reflect commercial practice? The overwhelming majority of contracts are transacted in an informal setting. Such contracts are either made by word of mouth, or even by a party’s conduct. Whilst […]

Criminal Law Courts in the UK

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 is governed by the Magistrates’ Courts Act, 1980 as amended by the Criminal Procedures and Investigations Act, 1996 and further amended by the Criminal Justice […]

Tort Law Problem Answers

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 inducement of an apprehension of imminent contact ( An imminent battery) Is there any reasonable apprehension for reasonable battery? APPLICATION: An Intentional Act Intent is […]

TRADEMARK PROTECTION: an INTERNATIONAL PERSPECTIVE

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 the consumers rely on the symbols, letters, or labels that the company attached with its products in order to buy them. Often, consumers are deceived […]

Trusts and Equitable Relationships in Utility to Commerce.

‘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 on the nature of Quistclose trusts. Traditionally trusts were private family arrangements. Historically much of trusts law emerged out of the desire of settlors to […]

The Rights of a Trustee

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 upon these duties in such a way that widens or restricts the scope of their application, and thus also affects the possible rights of beneficiaries […]

The Rights to British Citizenship

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 of seeking British citizenship would be to seek naturalisation as a British citizen in accordance with section 6 and schedule 1 of the British Nationality […]

The Rule of Law

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 must be enforced and adopted I a good manner and also consistent with the well established conventions, procedures and traditions. In the Australian Constitution, the […]

The Rules Relating to Implied Grant of Easement

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 this the case? INTRODUCTION An easement is a right to do something on someone else’s land, falling short of a right to possession. More specifically, […]

The Scheme of Arrangement under Section 176 of the Companies in Malaysia

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 as a last straw to clutch at in saving the company, but also by ordinary company for adjustment of members’ or creditors’ rights, reorganisation of […]

The Significance of Disability Anti-Discrimination Laws

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 way that denying equal opportunity to the disabled people can be morally justified[1]. This is against the principles of International Human Rights which advocate for […]

The Romalpa Case: Signpost or Diversion?

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 Templeman LJ[1]: “…unsecured creditors rank after preferential creditors, mortgagees and the holders of floating charges and they receive a raw deal.” It is therefore prudent […]

THE ROME II REGULATION

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 the European Union in regard to a law that would govern the commercial and civil matters of the members of the EU. This is in […]

The Law of Agency

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 depending on the job description or service offered (Davant, 2002). The principal is thus bound by the contract agreement between him and the agent as […]

The Law of Equity in Australia

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 deficiencies of the Common Law.[1] An estoppel is a principle whereby a party is prevented from asserting a contrary position to any fact which […]

The Legal Age of Consent in Australia

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, he did not concern that she was merely 12-years-old. Then, the accused and the girl got married in an Islamic wedding ceremony. After celebrating the […]

The Means of Acceptance in Contract Law

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 form whereby a simple assent to it is sufcient to lead to a contract being formed. It is in many cases, therefore, enough for an […]

The Effects of the Land Registration Act

The system of land registration inaugurated by the Land Registration Act 1925 was a laudable and important step in simplifying the way title to land was recorded and conveyed. In time, however, significant defects began to emerge.” What were those defects and to what extent has the Land Registration Act 2002 provided a cure? Prior to the introduction of a system of land registration, the only way to establish a seller’s right to dispose of a property was from title […]

The Evolution and Analysis of the Principle of Legitimate Expectation

I. Introduction “A man should keep his words. All the more so when promise is not a bare promise but is made with the intention that the other party should act upon it”[1] A law cannot be found upon mere trust and expectations, no matter how reasonable it may sound. For the individuals to act on the law, the law has to be concrete and defined. Therefore, laws are codified and precedents are established, to bring about the union of […]

Reforms on Voluntary Manslaughter Law as a Result of the Coroners and Justice Act 2009

In this essay I will be discussing and also identifying the extent to which the coroners and justice act 2009 [1]reformed the law of voluntary manslaughter and the extent to which it succeeded in its aims. Voluntary manslaughter is less serious than murder, voluntary manslaughter is when the defendant has killed the victim with malice aforethought, malice aforethought defined by Coke [1612] is when one compassth to kill, wound or beat another and doth it fedato animo. The defendant has […]

The Fourth Amendment and Computer Searches

The Fourth Amendment and Computer Searches Cmputers are no longer just tools of the trade for scientists or mathematicians, they are now found in nearly every household within the United States. In a recent study conducted by the United States Census Bureau in 2013, 83.8 percent of the households in the United States reported owning a computer. Of that percentage, 78.5 reported having a desktop or laptop in their home and 63.6 percent reported having a handheld computer. As […]

The Fraud Act 2006

‘The Fraud Act 2006 has as a central requirement the concept of Dishonesty. This simple legal concept has made the law clear.’ Critically Discuss. The Fraud Act 2006 was brought in to replace the Theft Act 1978, as offences created under the act after caused difficulty proving in court. In 2002, the Law Commission produced a report on fraud, which led to the creation of the new act, which has been simplified, which allows the defendant to understand the offences […]

The Freedom of Establishment

Since the founding of the European Union (EU) one of the main aims has been to create an internal market in order to promote development and economic growth and to offer its citizens an area of freedom, without internal frontiers, in which free movement of persons is ensured[1]. Amongst the basic fundamental freedoms which the TFEU concedes to EU citizens to reach the above mentioned aims is the freedom of establishment. Together with the other freedoms found in the TFEU […]

The Functions of Law

Functions of Law Table of Contents The Law Concept of Functions of Law Kinds of Law to Carry Different Functions Advantages of Law Functions of Law in different perspectives Contract law Functions of Contracts Indemnity Contract Indemnity Holder Guarantee Bailment Agency Bibliography The Law The law defines the principles people live in a society. Through which we have balance in not only our society but also in our lives. Law gives the indication of what is right by making that […]

The ‘Horizontal Effect’ of Human Rights in the UK

Application of the ‘Horizontal Effect’ of Human Rights Law in the UK “The horizontal effect of the application of human rights law in the UK has important implications for the law of tort in relation to protection of privacy for private citizens. However the law is being applied in a piecemeal fashion” – Critically discuss. Introduction: Human rights protect an individual from unwarranted interference by the state, seeking to establish a just social and legal order to enable a person […]

The Independence of the Judiciary in Constitutional Law

In traditional constitutional theory, independence of the judiciary connoted independence from the political executive. It has presently discovering that a judge’s opportunity of activity can likewise be undermined by weights from his bosses inside the legal extension. Moreover, the test to legal autonomy from the religious foundation is not obscure. There is additionally the risk of weight or impelling from private, political and business focuses of force. Open trust in the uprightness, unbiased attitude and freedom of the legal is […]

Virtue Essays