QUESTION 1 (I) Issue: Will Simon be solely liable if things go wrong? Provisions/ Case law: A promoter is defined in Twycross v Grant (1877) as ‘one who undertakes to form a company with reference to a given project and to set it going and who takes the necessary steps to accomplish that purpose’. The promoter would be the person who undertakes the formation of a company by carrying out the procedures necessary for incorporation‚ person actually interested in the company or professionals who incorporate
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Conflicts of Law: Topic 2 Domicile and other personal connecting factors (Home is where the heart is but does that represent the law?) Lecture 2: * One of the most important concept of conflicts of law Significance of domicile * Decides choice of law in areas of personal law such as marriage‚ status‚ succession and taxation. * Important in choice of law in many areas‚ mainly personal law * Often relevance in other statutes as well. Eg. Case of bankruptcy * Certain legal rights
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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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privity and consideration 4 Privity under different laws 5 PRIVITY AND THE LAW OF AGENCY 5 Privity and Agency by Estoppels or Holding out 6 Privity when Sub-agents or Substitute agents are appointed 6 PRIVITY AND THE LAW OF PARTNERSHIP 7 Privity and the act of civil and criminal liability of partners 8 Privity and the liability for holding out 8 PRIVITY AND THE LAW ON SALES OF GOODS 9 Contracts Concerning Land 10 PRIVITY AND THE LAW ON HIRE PURCHASE 10 QUESTION 2 11 Analysis of the case
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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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“Tragedy and the Common Man” In Arthur Miller’s essay “Tragedy and the Common Man‚” Miller mentions tragedy as man’s struggle to gain his “rightful” position in his society‚ and whoever that character may be—king or common man—that character is eventually brought down by his or her tragic flaws and that’s what makes that character a tragic hero. In the past‚ there have been many tragic heroes which can relate to Arthur Miller’s essay “Tragedy and the Common Man‚” in both past
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Should natural law be recognized by the Courts of Canada? Should the Supreme Court of Justice‚ the highest the level of court in Canada‚ allow natural law to be part of the decisions they make in their rulings? In Canada‚ Legal Law is used to settle private and public disputes and also for the sentencing of criminals. Committing a crime is against the law‚ which would mean that the person who committed the offence would need to serve the punishment unless it were special situations‚ such as duress
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OF CYBER LAW I– Why and what of cyber law? Cyber law‚ or the law dealing with cyber-space‚ popularly called ‘internet’ or ‘net’‚ is the buzz word today in law school curriculums and across the generation of old lawyers across the world. Why? Because this is more to do with technology rather than law alone. Imagine a law providing definition of ‘meta tag’‚ something which any computing geek can tell you. Then the law defining an ISP. Sounds hilarious and then absurd. Why should the law attempt
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judge-made law is a law rooted in a judiciary decision‚ not an act of legislation made by lawmakers or a regulation created by a government agency with the legal authority to do so. The collective body of judge-made laws in a nation is also known as case law. Many nations allow judges to set legal precedents when making high court decisions‚ adding to the body of law in a nation and providing new interpretation of existing laws. Lower courts do not have the authority to make judge-made law. Only judges
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Laws are one of the most important parts in the life of a human today and they have been for many centuries. They decide what people in that region can or cannot do and if you break a law you get punishment‚ sometimes a fine‚ sometimes a jail sentence‚ and sometimes you can even get put on death row. But do citizens have to follow a law if it is unjust? In the play‚ Inherit the Wind by Jerome Lawrence and Robert E. Lee‚ this occurred‚ Bertram Cates‚ a public school teacher in Hillsboro‚ Tennessee
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