The Joint Stock Companies Act 1844‚ which enabled companies to be formed by "deed of settlement" and the Limited Liability Act 1855‚ established a general incorporation procedure which offered limited liability to shareholders and gave recognition to the company as a separate legal persona. By the Joint Stock Companies Act 1856‚ the deed was replaced with today’s style of constitution‚ namely the registration of the Memorandum of Association and the Articles of Association. The contents of these
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simply say that destructive criticism hurts everyone and that constructive criticism does not hurt. This seems to be the case on the surface‚ but‚ when examined more closely‚ a different conclusion is drawn. Constructive criticism does not exist. Constructive criticism is only perceived as constructive by the person giving it‚ yet it is not perceived as such by the recipient. Any person‚ when asked if he or she likes receiving constructive criticism‚ will likely say yes. However‚ when that same person
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Irish Company law as it currently stands is comprised of 35 pieces of legislation‚ in addition to a wealth of case law based on common law and equitable principles. This current system of company law is unmanageable and of little practical use to the average Irish company. Although the sheer volume of law poses a major problem in itself‚ its somewhat haphazard layout causes most difficulty to business owners and managers. When a change or update is made to the law‚ rather than an act being repealed
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Since the “employment-at-will doctrine’’ introduced in the 1900’s‚ the relationship between employee and employers is viewed as being on equal-foot in terms of rights to cease or terminate labor. Termination is the process by which an organization releases an employee from his duty against his or her will. Causes for termination include poor job performance‚ inability to perform job responsibilities‚ misconduct‚ relocation‚ absenteeism and so on. Concerns about “wrongful discharge’’ began to increase
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Doctrine of Competence-competence The proper allocation of responsibilities between courts and arbitral tribunals for resolving disputes concerning arbitral jurisdiction – disputes about whether the plaintiff’s claim ought to be decided by an arbitral tribunal or a court – has been one of the most complex and controversial question of modern arbitration law. Although there is broad agreement on one general proposition that arbitrators are empowered to rule on their own jurisdiction and then proceed
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Companies Act Chapter 81:01:- "No association‚ society‚ body or other group consisting of more than ten persons may be formed for the purpose of carrying on any trade or business for gain unless it is— (a) incorporated under this Act; (b) Formed under some other written law; or (c) A partnership" According to the Companies Act Chapter 81:01‚ a “shareholder”‚ in relation to a company‚ means a person described in section 107(1); which states that a shareholder is: (a) a person who is a member
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MA Neave‚ CJ Rossiter‚ MA Stone. Sackville and Neave Property Law (1999) 6th Ed Butterworths – Doctrine of fixtures The doctrine of fixtures is governed by the principle stated in the maxim ‘quicquid plantatur solo‚ solo cedit’‚ which means: ‘Whatever is affixed to the soil becomes a part of the soil’. The question whether a chattel has become a fixture is a question of law: Reynolds v Ashby & Son [1904] AC 461. Determining whether an object is a fixture involves 2 steps: 1. Determining
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Contract assignment Doctrine of frustration Doctrine of frustration ACCORDING to Section 56‚ an agreement to do an act impossible in itself is void (for example‚ an agreement to discover treasure by magic). Supervening impossibility or illegality refers to the intrusion or occurrence of an unexpected event or change of circumstances beyond the contemplation of the parties; such event or change of circumstances must be so fundamental as to be regarded by law as striking at the root of contract
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Doctrine of Serparability * Vivek Chattopadhyay1 The Doctrine of Separability is one that is recognized worldwide. From the angle of Arbitration‚ it essentially means that‚ in a contract if there is an Arbitration clause‚ it shall be treated separately with respect to the contract. So‚ if‚ the Contract becomes void due to some reason or the other‚ the Arbitration clause with respect to the Doctrine‚ does not. Even if the validity of the Arbitration Clause is to be adjudicated upon‚ the jurisdiction
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Constructive waves deposit eroded material along the shore‚ which eventually builds up over time to form a beach. This occurs when the swash is stronger than the backwash‚ depositing more sediment than it transports elsewhere. Although beaches are a landform of deposition‚ they can also be considered to be a landform of erosion. When waves are huge and high‚ the backwash is more powerful than the swash‚ removing more loose material than it deposits. These types of waves are known as destructive
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