requires contracts for the sale or disposition of interests in land to be made in writing. The contract must incorporate all the terms that the parties have expressly agreed in one document or‚ where contracts are exchanged‚ in each.) The Court of Appeal had to consider whether an oral boundary agreement needed to comply with section 2 in Joyce v Rigolli [2004] EWCA Civ 79. It decided that oral agreements‚ which serve to identify the boundary between properties‚ will not normally need to be reduced
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Statutory Interpretation Model Answers Explain‚ the rules judges may use when interpreting Acts of Parliament There are four different rules judges can use when interpreting Acts of Parliament. The literal rule is when judges have to take the natural‚ ordinary or dictionary meaning of a word or phrase and apply it to the case in hand. This rule leads to absurd and unjust results. The literal rule occurred in LNER V Berriman case. An Act made it a duty to provide a look-out man wherever a
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major corporations‚ Progressive and Allstate Insurance‚ have recently launched televised advertisements that appeal to two distinctly different audiences to sell their insurance product by using persuasive appeals as defined in both Jib Fowles’ “Advertising’s Fifteen Basic Appeals” (Fowles‚ 2008‚ p. 558) and the Aristotelian Appeals. The advertisers used Pathos as the underlying appeal in both advertisements to reach their targeted audience‚ but Allstate’s advertisement‚ “Girl in the Pink Truck”
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LECTURE GUIDE of Assistant Secretary AUGUSTO P. QUIJANO Department of Agrarian Reform 1. Discuss the requisites for the existence of tenancy relations: a) The parties are the landholder and the tenant; b) The subject is agricultural land; c) There is consent by the landholder for the tenant to work on the land‚ given either orally or in writing‚ expressly or impliedly; d) The purpose is agricultural production; e) There is personal cultivation or with the help of the
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Punishing the morally innocent is something our justice system usually refrains from doing. In order to be considered criminally responsible for a crime‚ mens rea and actus reus must coincide at a specific point in time. In the case of R v. A.D.H‚ the accused was charged with unlawfully abandoning a child under the age of ten years‚ in accordance with section 218 of the Criminal Code. I agree with the decision to acquit the accused‚ as the Crown failed to prove the mens rea beyond a reasonable doubt
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right of appeal set in statute law. Appeals can only be dealt with by a higher court‚ so if you were sentenced to six months in a magistrate’s court you have to appeal to the Crown court. You can appeal against sentence or conviction for exqample you think six months is too harsh or you claim that you did not commit the offence you were convicted of. If you were convicted of theft of a bike and were sentenced to 2 months in prison by the magistrates court - a summary offence - you may appeal because
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Jurisdiction DE VERA v. DE VERA G.R. No. 172832 April 7‚ 2009 Facts: Petitioner‚ Rosario T. de Vera‚ filed a bigamy case against her spouse Geren A. de Vera and Josephine F. Juliano after allegedly contracting a second marriage with the latter‚ which likewise has previous knowledge that accused he is still validly married to petitioner. Accused Geren pleaded guilty on arraignment but prayed on a latter motion that he be allowed to withdraw it in order to avail of the mitigating circumstance
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Computer Task Group‚ Inc. v. Brotby United States Court of Appeals‚ Ninth Circuit‚ 2004. 364 F.3d 1112. FACTS: In 1995 William Brotby was hired by Computer Task Group‚ Inc. (CTG) as an information technologies consultant. Upon hiring‚ Brotby had to sign an agreement stating that he would be restricted to work for any CTG customers if he left the company. No more than two years later‚ Brotby left CTG and began to work for one of CTG’s customers known as Alyeska Pipeline Service Company
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that they were “aiders and abettors” of the fraud as opposed to “primary violators.” This concluded the District Court decision in favor of the defendant. In return‚ the plaintiff then appealed the case to be reviewed at the United States Court of Appeals for the Eighth Circuit. Issues: Can a company be held liable for fraud when they engaged in transactions with a corporation in order to intentionally inflate that corporation’s financial statement‚ even though there were no public statements concerning
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‘How can you advocate breaking some laws and obeying others?’ as well as: ‘I would be the first to advocate obeying just laws. Conversely one has the moral obligation to disobey unjust laws.” he constructs a concession/counterargument. This helps appeal to logos by first acknowledging that there are a some‚ white clergymen‚ who may disagree with his stance‚ but by painting segregation as “unjust”‚ he is able to counter these clergymen’s opinions‚ and prove that segregation needs to be abolished.
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