the bank for a breach of contract. The breach was as a result of the good faith covenant and fair dealing. Additionally‚ she felt that the mortgage transaction was an example of unfair practice of violations in business under the unfair competition law of the state of California concerning unjust conversion and enrichment. On the basis of the second amended complaint‚ the bank had maintained the activity of procuring costly replacement insurance when mortgagors made a default on their loan obligation
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A regional television news broadcaster has engaged your services to provide legal advice in respect of their news bulletins. You have been asked to provide legal advice in respect of the following piece from their court reporter for the evening bulletin which has just been received in the newsroom: “Simon ‘Slasher’ Stevens‚ as he is known to friends and associates‚ has been appearing on indictment today at Thistletoun Sheriff Court for a serious assault with an offensive weapon and extortion. The
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"The formation of a contract is not to be confused with its legal enforceability" Discuss. A contract is put in place to provide a legal link between each party. Therefore it is important to understand on how a contract is formed and what are the steps and requirements to make sure the contract stays legally enforceable. In order for a contract to exist‚ there are four key elements to it. An offer must firstly be made by the offerer‚ followed by the acceptance of the offer by the offeree. Considerations
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REVOLUTION OF BANKRUPTCY LAW 1. Bankruptcy Act Cap 53 Laws of Kenya 2. Ian Macneil – Bankruptcy in East Africa 3. Fridman Bankruptcy Law and Practice 4. Thomspson J.H. The principles of Bankruptcy Law 5. Holdsworth on Historical Development Basically the law of bankruptcy has a long history and only a summary of the main developments may be highlighted Summary. 1542 Act - aimed mainly at securing the property of the debtor for his creditors. 1834 Act - extended bankruptcy law to none traders. Some
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UNIVERSITY OF NAIROBI FACULTY OF LAW TAPE RECORDED LECTURES THE LAW OF EVIDENCE LLB II 2003 LAW OF EVIDENCE Lesson 2 RELEVANCE & ADMISSIBILITY RES GESTAE ‘Res Gestae’‚ it has been said‚ is a phrase adopted to provide a respectable legal cloak for a variety of cases to which no formula of precision can be applied’. The words themselves simply mean a transaction. Under the inclusionary common law doctrine of Res Gestae‚ a fact or opinion which is so closely associated in time‚ place
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of Canadian obscenity law has been called “the most muddled law in Canada.” Recognizing that consistency and objectivity are important aspects in the running of any successful legal system‚ the Supreme Court of Canada has attempted to systematically clarify and modernize obscenity law. The ruling in R. v. Butler marked the transformation of the law of obscenity from a "moral-based" offence to a "harm-based" offence. The courts are now asked to determine‚ as best they can‚ what the community will tolerate
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International law ------------------------------------------------- Introduction ------------------------------------------------- International law‚ body of rules considered legally binding in the relations between national states‚ also known as the law of nations. It is sometimes called public international law in contrast to private international law (or conflict of laws)‚ which regulates private legal affairs affected by more than one jurisdiction. -------------------------------------------------
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LAW OF CONTRACT NOTES FOR DIPLOMA STUDENTS The Following are for the Lecture 1. Agreement: is an offer made by one person and an acceptance of that offer by a person to whom the offer is made. The offer and acceptance change their characters and become promises. Refer to Section 2 (1) (e) of the Act. Contract: must be an agreement. The agreement must be enforceable by law. Essential Ingredients: 1. 2. 3. 4. Free Consent Competency or Capacity Consideration Creates Legal relations
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Maritime law Module 1 – Introduction to maritime law 1 1. What is the field of law described as ‘maritime law’? The subject of maritime law attempts to give you a clear understanding of the legal principles applicable to commercial shipping operations. These are the legal principles that determine the obligations and regulate the relationships of the parties in the maritime transport chain
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the law Chapter 1 | Introducing the law 1. 2. 3. 4. 5. Law and life The nature of law Justice‚ ethics and politics The sources of law The Australian legal system Law and life Chapter 1 Introducing the law You already know about the law ... •... from your personal life. •... from your business activities. •... from the media. •... from popular culture. •There are very few aspects of life that are not regulated by law. The nature of law Chapter 1 Introducing the law Defining the law •Law
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