of a company. And the common law has extended the scope of “promoter” further in Tracy v Mandalay Pty Ltd (1953) 88 CLR 215. In this case‚ the High Court held that the promoters are not just these persons who take an active part in the formation process‚ but also these who profits from the operation of the company with a passive role. Applying this doctrine to the case study‚ Alicia can be regarded as one of the promoters of Batco Ltd‚ since she had involved in the formation of the company and
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LAW OF CONTRACT NOTES FOR DIPLOMA STUDENTS The Following are for the Lecture 1. Agreement: is an offer made by one person and an acceptance of that offer by a person to whom the offer is made. The offer and acceptance change their characters and become promises. Refer to Section 2 (1) (e) of the Act. Contract: must be an agreement. The agreement must be enforceable by law. Essential Ingredients: 1. 2. 3. 4. Free Consent Competency or Capacity Consideration Creates Legal relations
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cancelled only by special resolution of the company and: (c) by special resolution passed at a meeting: (i) for a company with a share capital of the class of members holding shares in the class… (d) with the written consent of members with at least 75% of the votes in the class.” (Tony & Christopher 2009) It would seem that the Company has the special resolution about the preference shares’ rights. By reliance on the assumption in s246B (2)‚ the Company will cannot increase the dividend rate for
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CHILOMBA v THE PEOPLE (1974) Z.R. 151 (S.C.) SUPREME COURT DOYLE‚ C.J.‚ BARON‚ D.C.J.‚ AND HUGHES‚ J.S. 9TH JULY‚ 1974 S.C.Z. JUDGMENT NO. 26 OF 1974. Flynote Criminal Law - Attempting to cause death contrary to s. 215 of the Penal Code - No unequivocal finding of actual intention to kill - Whether conviction possible. Criminal Procedure - Minor offence -Section 181 of the Criminal Procedure Code- Whether s. 224 of the Penal Code minor offence in relation to s. 215 of the Penal Code
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Law 12 2012/2013 Criminal Quiz Summary Notes CRIMINAL LAW I know it’s illegal‚ but is it a crime? Many things are illegal: jay-walking‚ speeding‚ or setting up a clothes line outside to dry your laundry (in West Vancouver)‚ but they aren’t necessarily crimes. What then makes something a crime? Criminal Law Criminal law deals with offences committed against society (often these appear to be against individuals). The purpose of criminal law is to keep order in society and deter the committing
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Law Notes 1. Law: set of statutes and rules that individuals within a society are governed by and are compelled to follow Statute: law passed by government you must follow unlike a rule which you can’t be punished for 2. Jurisprudence: wisdom/knowledge/skill in law -- the science that deals with investigations of concepts‚ notions‚ and principles of legal thought. It enables us to explore origins of law and legal institutions. It also helps clarify the principles on which they were founded. It allows
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Hostile Witnesses – Structure of Answer 1. “The issue here is whether [counsel] can discredit their own witness‚ [witness’s name]‚ in the witness box?” a. When calling a witness‚ the caller expects their testimony to be favourable to the case. When this doesn’t happen‚ the caller will want to attack the witness to destroy the effect of the evidence. b. Whether you can do this depends on whether the witness is hostile or merely unfavourable. c. Usually crops up in examination-in-chief
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Law Lesson 5 HOMEWORK: Notes‚ page 76 – 79 and 82 – 85 write advantages and disadvantages for each of those DUE FRIDAY Through conciliation‚ the DCS offers disabled people a uniquely accessible and empowering alternative to court or tribunal action‚ as a way of exercising their civil rights under the Disability Discrimination Act 1995 (DDA). We provide an opportunity to resolve complaints relating to DDA Part lll (Goods and Services) and DDA Part lV (Education). What is Disability Conciliation
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of television and radio appearances and his name and pictures was used by the company. Subsequently‚ John heard nothing from the Superfast Ltd. Last week‚ he decided to travel to a football game in Liverpool and he contacted Superfast Ltd to arrange his free travel. The company informed him that the ‘free travel for life’was simply a prize that had been made available to him and as he had provided nothing to the company in return so there would be no free travel made available to him. The case
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the low administration requirements compare to form a company. Disadvantages The first major disadvantage is for partnership there are unlimited liability for Andy and Zara. The second major disadvantage is there is no separation between Andy and Zara to manage and control the business. ii) Advantages: The first major advantage is the company has limited liability for shareholders. The second major advantage is the share of the company allow for transfer and expansion. Disadvantages: The
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