make law or merely play a role in interpreting law? Discuss Judges do both. Judges interpret the statue law and they make the common law. There are two types of law one would be the primary law‚ which is also known as the statue law and the secondary law‚ which is also known as the common law. For the primary law it is created by the legislature‚ which is the parliament as the parliament has the power to make the statue because the people elected them. So the judges interpret the primary law‚ which
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likely be discharging this director any potential liability. Apart from this‚ directors are also not bound to give continuous attention to the company and he is justified in trusting official performing duties with honesty under City Equitable. Law Wai Duen v Boldwin Construction Co. Ltd Afterwards‚ Judge Hoffmann LJ in a later case Re D’Jan Ltd proposed that the directors’ duty of care and skill should be considered by a two-fold subjective/objective test. Still‚ City Equitable is the leading
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on regards on the verbal promise‚ it is a fact that negotiations with existing employees on the variation of the employment contract hold the characteristics of trading and commerce. Rule of the Law There are is an importance to proof whether or not Johnny is an employee in the eyes of the common law‚ a test will be used in courts to proof it; in particular‚ the multi factor test‚ (Performing Right Society v Mitchell and Booker (Palais de Danse) Ltd (1924)). What facts will a multi factor test
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consideration. Promissory estoppel like proprietary estoppel is popular types of equitable estoppel. The importance of equitable estoppel was stated in Crabb V. Arun DC (1976) 1 Ch 179 that “equity comes in........ to mitigate the rigours of strict law.......... it prevents a person from insisting on his strict legal rights.... when it would be inequitable for him to do so having regards to the dealings which has taken place between the parties”. An example of promissory estoppel is where A promises
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those who violate the law. An important aspect of the American Justice system is the Law Enforcement. The individuals in the Law Enforcement are responsible for upholding the law‚ keeping individuals safe and apprehending those who commit a crime. Law enforcement in the American Justice system is implemented to help the community but it also has its advantages and disadvantages. The advantages of law enforcement include public safety and solving crimes and the disadvantages of law enforcement include
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as an enhancement of common law‚ commonly known as the second great subdivision of English law. Equity’s foundation is a judicial assessment of justice in contrast to the sometimes harsh and inflexible rule of common law. Historically‚ common law was known as the law‚ in contrast with equity. Equity sets aside contracts in the event of a party gaining a benefit through undue influence which is when an agreement is obtained by indecent pressure which is not duress at common law since no factor of violence
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Introduction We are part of a non-profitable organization. With a team of 4 lawyer volunteering law advice and services to the community for free. In this case we are to provide Chalice with our advice on what are the chargers he can look into if he decided to take it to the court or alternatively settle by other resolution. Duty of care with Negligence “Negligence as an important element in law of tort requires more than mere lack of care”. A claimant who wishes to sue in negligence must show:
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Reflection: Common Contracts Kristin Moore‚ Linda Jessie‚ Susan Snow‚ and Sarah Viray 3-6-2015 Law/421 Andrew McAdams In a typical person’s lifetime they will encounter many situations where they will enter into a contract with someone else. There are many different types of contracts that we may enter into‚ some knowingly and even some unconsciously. Buying a car with financing is a type of loan‚ entering into a new work place‚ and even getting a haircut is a type of contract. Common Contracts
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Curtin Business School School of Business Law and Taxation Unit Outline 11011 Business Law 100 Semester 1‚ 2013 Unit study package number: Mode of study: Tuition pattern summary: Credit Value: Pre-requisite units: Co-requisite units: Anti-requisite units: Result type: Approved incidental fees: Unit coordinator: 11011 Internal Seminar: 1 x 3 Hours Weekly This unit does not have a fieldwork component. 25.0 Nil Nil Nil Grade/Mark Information about approved incidental fees can be obtained from our
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015e.fm Page 1 Monday‚ March 27‚ 2006 11:41 AM LAWS OF MALAYSIA REPRINT Act 15 SEDITION ACT 1948 Incorporating all amendments up to 1 January 2006 PUBLISHED BY THE COMMISSIONER OF LAW REVISION ‚ MALAYSIA UNDER THE AUTHORITY OF THE REVISION OF LAWS ACT 1968 IN COLLABORATION WITH MALAYAN LAW JOURNAL SDN BHD AND PERCETAKAN NASIONAL MALAYSIA BHD 2006 015e.fm Page 2 Monday‚ March 27‚ 2006 11:41 AM 2 SEDITION ACT 1948 First enacted … … … … … … 1948 (Ordinance
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