Supreme Court has recognized that in matters relating to economic policy‚ courts must not interfere unless arbitrariness is writ large in the decision making process. Even in cases where intervention of the court is justified‚ the court would only examine the decision making process and not the decision itself. The principal laws concerning Bitcoin are: i. The Constitution of India‚ 1950; ii. The Foreign Exchange Management Act‚ 1999(“FEMA ”); iii. The Reserve Bank of India Act‚ 1934 (“RBI Act ”);
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movement of not excluding the evidence obtained through the officers in the search of Ms. Alomar. Firstly‚ the impact on the Charter-protected interest of the accused was not serious. Secondly‚ society is very interested in the adjudication of the case on its merits. The impact on the Charter-protected interest of the
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Question 1 “Australia’s legal system is based on the English legal system.” To what extent is this statement correct? Discuss. [10 marks] Word limit = 750 Question 2 Discuss the importance of the case of Central London Property Trust Ltd v High Trees House Ltd [1947] KB 130 [20 marks] Word limit = 1000 Question 3 Simon owns two motor cars. Both cars are the same make and model. Both cars are black. However one of the cars has had its motor replaced with a diesel motor rather than
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The purpose of this paper is to reflect the comprehensive understanding on the elements of the contract along with its principles of the contract law. The paper is also revolving around the level at which the law has influenced the given case of James and Robert while providing the appropriate solution for both Robert and James. Summary of Case of Purchasing Classic Porsche The case is revolving around the James‚ who is the owner of a Porsche 911 of 1980 car willing to sale and Robert a potential
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Judicial Precedent is the way that English Common Law has evolved since the time of Henry II when courts were unified into a national system‚ making it common throughout England. Integral to it is the Latin phrase ‘stare decisis’ which literally means ‘to stand by what has been decided’. Its meaning in the case of judicial precedent is very similar‚ that a Judge will go by the same ruling as a previous judge has in the same cases; providing that the precedent comes from a higher or equal court‚ if
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THE CONSTITUTION OF ZIMBABWE UPHOLDS THE FUNDAMENTAL RIGHT TO CONTRACT BY OUSTING CRIMINAL PROSECUTION THAT ARISES FROM CONTRACTUAL OBLIGATION. DISCUSS. A contract can be defined as an agreement with specific terms between two or more persons or entities in which there is a promise to do something in return for a valuable benefit known as consideration. The existence of a contract requires an offer; an acceptance of that offer which results in a meeting of the minds; a promise to perform; a valuable
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are all things that are tangible and movable at the time of identification to the contract for sale‚ and the common law governs transactions involving services provided by professionals. When there is a mixed contract involving both goods and services‚ most courts use the predominate factor test to determine if the contract is predominately for a good or a service. Analysis Here‚ the UCC applies-not the common law-because Fountain Products offered to sell Sparkle portable drinking fountains. Portable
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PRELIMINARY STATEMENT The plaintiff‚ Richard Albert Imry‚ is a small business owner who‚ with his two adult sons‚ co-plaintiffs Max and Mathias‚ operates an auto body repair shop located in a garage adjacent to his house. The defendant‚ Western Generator Co. (“WGC”) is a large-scale manufacturer and distributor of generators‚ which they advertise for personal‚ business‚ and industrial application. To combat the loss of profits caused by frequent weather-related power outages‚ Richard purchased
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the contract. It can be treated as breach of warranty‚ stated in section 2 of SOGO‚ “in an agreement with reference to goods which are the subject of a contract of sale‚ but collateral to the main purpose of such contract‚ the breach of which gives rise to a claim for damages‚ but not to a right to reject the goods and treat the contract as repudiated.” Thus‚ warranties are lesser terms which do not go to the root of the contract. The remedy for a breach is an action for damages. In this case‚ Belinda
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Implications of terminating an employment Contract An employment contract is an informal (oral) or formal (written) legally binding agreement between an employer and an employee specifying the legal rights and obligations of each party. (Stone 2006 p.682) This essay will discuss the implications of having no written or no relevant employment contract for both the employer and the employee‚ it will also discuss the implications that can arise once employment has been terminated. Specifically‚
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