Physical Dimensions. RIGHTS ABOVE SURFACE →The owner’s rights in airspace should be restricted to “any such height as is necessary for the ordinary use and enjoyment of his land and the structures upon it”. If within this meaning their may be an action in trespass. – Berstein v Skyviews and General Ltd. S 2(1) of the Damage by Aircraft Act 1952 precludes action in trespass for overflying aircraft.→ An intrusion by a land based structure located on the defendant’s land constituted a trespass to the
Premium Real estate Leasehold estate Property law
Criminal Law notes 1.Voluntary act: Status offences – no conduct is required but the crime is committed when a certain state of affair exists or the defendant is in a certain condition or is of a particular status. R v Larsonneur (1933) – Appellant was brought involuntarily back to the UK where she was charged on being an ‘alien’. LCJ Hewart claimed the ‘circumstances are perfectly immaterial’ Winzar v Chief constable of Kent (1983) – drunk on a public highway. LJ Robert Goff claimed ‘it is enough
Premium Criminal law
LSS Lecture Topics for Essays… Legislative…Privative Clauses…should they be legal‚ how does this accord with constitutional law..- recommended Rule Against Bias P will seek review of the decision on the grounds that DM failed to comply with natural justice (s.5(1)a‚ insofar as he was biased (how?) Test: would a fair minded lay observer reasonably apprehend that dm might not bring an impartial mind to the decision(ebner) A reasonable apprehension of bias FMLO has all relevant knowledge
Premium Critical thinking
(SDA) and common law derivative action (CDA)‚ we need to define what they are. Salim (2013) established the meaning of CDA: The common law derivative action is based on two principles‚ the ‘majority rule’ and ‘proper plaintiff rule’‚ stated in the case of Foss v Harbottle (1843). The ‘majority rule’ means simply that the wishes of the majority will prevail over those of the minority. The “proper plaintiff rule’ provides that if a wrong is committed against a company then the company is the proper claimant
Premium Law Common law Hong Kong
Agency (1) AGENCY RELATIONSHIP? (2) AUTHORITY? Agency is an agreement‚ express or implied‚ by which the principal entrusts to the agent‚ the management of the business; to be transacted in his name‚ or on his account‚ and by which the agent assumes to do the business and to render an account of it. Agency involves: Principal‚ who passes authority to Agent to effect the legal relations between the principal Third party‚ acted with principal through the agent Section 135 CA (Definition of Agent)
Premium Contract Acts of the Apostles Agency law
advantage of the on-going structured adjustment programmes (SAPS) by going into business. a) Advise them on the procedures they have to follow in order to register a public company limited by shares. (8 Marks) b) Explain how the procedures would differ from that for forming a private company limited by shares. (4 Marks) c) Discuss the circumstances under which a corporate veil of incorporation may be lifted. (8 Marks) QUESTION
Premium Floating charge Corporation
Topic 5: Torrens Title Intro reasons why Torrens Title came into being old system very complex tracing title back security of title the registration of deeds doesn’t fix the above issues especially security General Register of deeds difficult to search General Register does not fix any defect Under Torrens Title indefeasibility of title started with Robert Torrens in SA NSW started 1963 Since then all grants under Torrens Title At conveyance of old property transferred to Torrens US
Premium Property law Property Easement
BUSINESS LAW EXAM1 1. One rule that emerges from the social contract is that people should never make unsupported judgments about one another but should instead always investigate the facts in an effort to uncover the truth about the character of a person or the nature of a situation. 2. utility thinking. 3. there are no objective or absolute standards of right and wrong. 4. utility thinking. 5. ethics. 6. If the social contract disintegrates‚ society would return to a "state
Premium Law Justice Social contract
Akmal Marizalee Jamielyn Jimmy Introduction o Definition - A company is an association of persons‚ existing as a separate legal entity from the owners (or members) - Legal Definition o S4(1) Companies Act (CA) 1965: corporation is any body corporate wherever formed or incorporated └ Include – any company or foreign company └ Exclude -: Public authorities‚ Instrumentalities or agencies of the Government of Malaysia or of any State or body corporate not incorporated for
Premium Corporation Types of companies Limited liability
breach of duty * Principles e.g. Breach if burden of harm was not great * Authorities e.g. Woods v Multi sport holdings ltd * Applications e.g. The burden of using helmets was significant * Conclusion e.g. there is no breach Law of Contract Terms of the contract * Express terms * Terms stated and agreed to by parties * In simple cases‚ terms stated in offer * Eg‚ $ reward for cat * Major commercial contracts require signs from both
Premium Contract Tort