SOURCES OF LAW OBJECTIVE To provide the candidate with a broad understanding of the Sources of Laws of Kenya: The Constitution Legislation Delegated Legislation. Statutes of General Application in force in England on 12th August 1897. Substance of Common Law and doctrines of equity. African Customary Law. Islamic Law. Hindu Law. Judicial Precedent (Case Law). INTRODUCTION The term sources of law literally means where rues of law are found. This chapter describes the origins of the rules
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Bradley signs a contract that uses the house as collateral. Due to the failure of the business‚ Large PLC seeks to obtain the house on its terms. Bradley can defend his home from Large PLC by relying on undue influence‚ misrepresentation by Carlotta‚ equitable doctrine of unconscionable bargains‚ and statutory consumer protection. Legal issues in original scenario There is a legally binding contract between Bradley and Large PLC. An offer of a specific monetary loan was presented by Large PLC to Bradley
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Unfair Prejudice Petitions — Are Offshore Companies Safe? Hong Kong law contains a number of provisions designed to protect the interests of minority shareholders‚ including the “unfair prejudice” remedies under section 168A of the Companies Ordinance (the Ordinance) and the Ordinance’s “just and equitable” winding-up provisions. These protections can‚ in some cases‚ also be invoked by shareholders of non-Hong Kong companies. However‚ as the Hong Kong Court’s recent judgment in Re Yung Kee Holdings
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categories; common‚ mutual‚ or unilateral. A common mistake in particular means that all parties to the contract were equally mistaken as to the same item/s in the contract and there was no true consensus ad idem. The remedy is usually to make the contract void or unenforceable. However‚ this remedy has not always been granted‚ as was the situation in The Great Peace (2002). It is now argued that not even a fundamental common mistake can make a contract void‚ rather it can make it only voidable in equity
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Introduction In this essay‚ I shall discuss the nature of the Landlord and Tenant relationship in Ireland. I will examine the aspects of a Lease from both sides of the relationship and cover the rights of the landlord and tenant under the relevant legislation. In my final chapter I will evaluate how the personal relationship between the landlord and tenant has evolved thought out time with the passing of legislation. Leases have always been a popular way to regulate the relationship between a landlord
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In Malaysia‚ our contract law is basically governed and enforced by the Contract Act 1950. The remedy of specific performance presupposes the existence of a valid contract between the parties to the controversy. The terms of the contract must be definite and certain. This is significant because equity cannot be expected to enforce either an invalid contract or one that is so vague in its terms that equity cannot determine exactly what it must order each party to perform. It would be unjust for a
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Contract: a legally enforceable agreement General Rule (GR) for an agreement to be legally enforceable‚ following requirements must be satisfied: 1. There is an agreement between the parties (2 or more persons) 2. The parties intended to create legal relations 3. Each party has provided consideration‚ that is‚ paid a price or made a promise GR for an agreement to be formed: 1. One person (the offeror) has made an offer 2. Another person (the offeree) has accepted the offer 3. The offeree
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Faculty of Business and Management BBUS2103 Company Law January 2013 Companies Act 1965 Section 181: Member’s Remedy Name: Mohd Afiq bin Sahar NRIC No: 871226-43-5677 Matric No: 871226435677001 Pages 1. Introduction………………………………………………………………………….3 2. Example of oppressive‚ disregard of members’ interest and unfairly prejudicial or unfairly discriminatory conduct………………………………………5 Diversion of corporate assets or opportunity………………………………...5 Diversion of profits.…………………………………………………………
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while morals do not Law ex: “You must drive on the right side the road.” Moral ex: “You should not silently stand by and watch a blind man walk off a cliff.” Law and Justice * Are separate and distinct concepts; justice is the fair‚ equitable‚ and impartial treatment of competing interests with due regard for the common good. Classification of Law Substantive- law creating right and duties Public Law-> Constitutional law‚ criminal law‚ administrative law‚ Private Law->
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then‚ the only remedy available to them was damages‚ even in cases where monetary compensation was not seen as the most suitable remedy. However‚ claimants who were unsuccessful in receiving a solution in the common law courts were able to appeal directly to the sovereign‚ who would then delegate cases to the Lord Chancellor for a decision. The Chancellors’ role‚ in time‚ was taken over through the development of the Court of Chancery‚ the aims of which were to deliver ‘equitable’ or ‘fair’ decisions
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