(the law of the place of conclusion of the marriage). This rule is founded firmly in Roman-Dutch law and entrenched in South African case law. ( Exception: S 10 of the Marriage Act 25 of 1961 makes provision for South African diplomatic and consular officers to solemnise marriages between South Africans in the countries in which they are stationed. Such embassy marriages are deemed to have been concluded in South Africa and their formal validity is thus governed by South African law (as the
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The term "common law" originally derives from the 1150s and 1160s‚ when Henry II of England established the secular English tribunals. The "common law" was the law that emerged as "common" throughout the realm (as distinct from the various legal codes that preceded it‚ such as Mercian law‚ the Danelaw and the law of Wessex)[43] as the king’s judges followed each other’s decisions to create a unified common law throughout England. The doctrine of precedent developed during the 12th and 13th centuries
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accountability 8 1. Political accountability 8 2. Financial Accountability 8 3. Administrative Law accountability 9 4. Ethical responsibility and integrity 10 Red-Light‚ Green-Light 11 Red Light Approach 11 Green Light Approach 11 Amber Light approach 11 Foundations of Administrative Law 12 Accountability across the public/private divide 13 Legality: rules‚ discretion & policy 15 What is administrative law? 15 Legality 15 Categories of Government Legal Entity 15 Sources of Government Power
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person’s failure to take reasonable care in circumstances where their conduct might foreseeably cause us harm or loss. What is a tort? • The Law of Torts is concerned with minimum standards of conduct expected between people. • To establish liability for a tort you have to go to court (ie. your right to expect certain conduct is conferred by law). Liability in tort is based upon a ‘relationship of liability’ existing between people‚ in contrast to contractual rights which are based on the
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Laws are created to maintain equality‚ stability‚ and structure. To maintain order in society‚ laws are established as is punishment for disobeying these laws. Laws are broken down by classification and to some degree‚ may interact with one another. Substantive law sets the ground rules for individuals whereas procedural law is the policy on how to carry out the rules. Criminal law is for the protection of society and civil law is to serve the purpose of compensating someone for a loss due to the
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Common law 1 Common law Common law‚ also known as case law or precedent‚ is law developed by judges through decisions of courts and similar tribunals rather than through legislative statutes or executive branch action. A "common law system" is a legal system that gives great precedential weight to common law‚[1] on the principle that it is unfair to treat similar facts differently on different occasions.[2] The body of precedent is called "common law" and it binds future decisions. In cases
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KENYATTA UNIVERSITY CITY CAMPUS NAME :OOKO BEVERLY ACHIENG ADM NO:D33S/CTY/11363/2012 COURSE:BUSINESS LAW COURSE CODE: LECTURER: TASK: STRUCTURE AND ORGANISATION OF THE COURT In pre colonial era‚ different communities had different ways of restoring justice. The African Traditional Communities used the fora of justice at family‚ shrines‚ churches and mosques. Other dispute resolutions mechanisms included: a.Reconsiliation: is the process of making it possible for two different ideas‚ facts
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described the various administrative agencies which use those powers. Whereas the statutory procedures described in Chapter 9 and the rules of natural justice described in Chapter 10 determine the steps to be taken in pursuing the exercise of administrative powers‚ the present chapter is concerned with the rules of administrative law as they are developed and applied for the purpose of defining the scope of any functions conferred on an administrative agency. 11.2 Judicial Review of Substantive
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Executive Summary Various issues in the common law arise when agents make contracts on behalf of principals. Should a principal be bound when his agent makes a contract on his behalf that he would immediately wish to disavow? The tradeoffs resemble those in tort‚ so the least-cost avoider principle is useful for deciding which agreements are binding and can unify a number of different doctrines in agency law. In particular‚ an efficiency explanation can be found for the undisclosed-principal rule
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Text Reader Agency and Employment Law Dr. Jay-D Olivier INHOLLAND UNIVERSITY Diemen‚ Haarlem‚ Rotterdam Course Year 2010-2011 Term 5 Internal publication INHOLLAND University of Professional Education International Business Management Dr. Jay-D Olivier (BA Law‚ MA‚ D. Law‚ Ph.D) Contents Agency Law 3 Principal’s Duties to the Agent 18 Liability
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