4. NOTES 4.1. THE ESSENTIALS OF A VALID CONTRACT A. ESSENTIAL No 1 The Parties Must Act Within Their Contractual Capacity What is contractual capacity? We view it in relation to the concepts of personality and legal status: PERSONALITY – determines that you are a legal entity or persona. As a result of this personality you acquire legal status ie your legal status defines that legal personality further. STATUS then describes your legal “condition” eg a married woman‚ A public
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UNIVERSITY OF NAIROBI FACULTY OF LAW TAPE RECORDED LECTURES THE LAW OF EVIDENCE LLB II 2003 LAW OF EVIDENCE Lesson 2 RELEVANCE & ADMISSIBILITY RES GESTAE ‘Res Gestae’‚ it has been said‚ is a phrase adopted to provide a respectable legal cloak for a variety of cases to which no formula of precision can be applied’. The words themselves simply mean a transaction. Under the inclusionary common law doctrine of Res Gestae‚ a fact or opinion which is so closely associated in time‚ place
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deliberate intent to cause harm that exists when a person makes a statement with either knowledge of its falsity or reckless disregard of the truth. actual malice is required to establish defamation against public figures. appropriation In tort law‚ the use by one person of another person’s name‚ likeness‚ or other identifying characteristic without permission and for the benefit of the user. assault any word or action intended to make another person fearful of immediate physical harm—a reasonably
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company - Application for membership of company and acceptance Rule for all disputes between company and members to be referred. Company - Articles - Effect - Contract between members and company and between members inter se. In 1905 the plaintiff was elected a member of the defendant association‚ and he then agreed to conform to its rules and regulations. By art 49 of the articles of association differences between the association and any of its members relating to any of the affairs of the association
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What is land law in English law? Explain how the law distinguishes between whether a thing is a fitting or a fixture or part and parcel of the land itself. Introduction Land is what we step on‚ live on‚ it is very important in our daily life and land in every different area has its owner. That’s how we have the right to say this is mine and we’re the ones who choose what to do with it‚ add something to it or remove something from it‚ change it around or even get rid of it. That’s why we have this
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of law… The basic of law can be summarized in two words: human conflict. People dispute and argue over money and theft and property damage. Law is a body of rules enacted by public officials in a legitimate manner and backed by the force of the state. The first element (body of rules) is self evident‚ the hidden part is these rules are found in a myriad of different places. The second element (law is enacted by a public official) is critical. all places have rules but they are not laws unless
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Commercial Law Summer‚ 2012 Purpose This is a significant task that requires forward planning and adequate time for research‚ reading and reflecting. You should begin researching early to gather information and establish a plan as soon as possible. The purposes of the assignment are to enable you to: • develop your independent research skills; • enhance your understanding of law as a dynamic process; • learn how to independently research a particular aspect of the law; • reflect
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Having examined the facts and conditions of the case using common law testing and reasoning‚ it is conclusive that Johnny is likely to be recognised as a contractor and is able to rely on the verbal promise for the annual increase of hourly rate. Statutory Provision Under the Fair Work Act 2009‚ Section 15(1)‚ the ordinary definition of an employee “reference to a person who is usually such an employee and does not include a person on a vocational placement” (Fair Work Act‚ 2009). This definition
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explores the differences and purpose behind criminal and civil law. First it is useful to define what is meant by the term law. Law could be defined as “a set of rules to encourage a more peaceful society”. In other words‚ law regulates and protects society by defining undesirable behaviour and providing a framework of punishment. As a society we accept some acts are undesirable and the state enforces a system of laws to identify and punish these. This is the system of criminal law. In this way
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Criminal Law Evaluation Paper CJA/354 Criminal Law June 20‚ 2011 Kristin Mildenberger Abstract Criminal law is very important to the criminal justice system. Criminal law states what behavior is criminal and it gives the punishment for each crime. In this document the sources and purposes of criminal law will be discussed. The jurisdiction information will be explained in order to show how it determines where the laws are enforced and created. The differences in the adversarial system and
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