GENERAL PRINCIPLES OF THE LAW OF CONTRACT INTRODUCTION Definition S.2(h) Contract Act 1950 : An agreement enforceable by law. Legally binding between parties. 2 INTRODUCTION (continue..) (a) (b) Legislation governing contracts: Contracts Act 1950 English Law - By virtue of S.5 of the Civil Law Act (When there are no provisions in the Contract Act) 3 INTRODUCTION (continue..) 4 OFFER / PROPOSAL Definition S. 2(a) Contracts Act “When one person signifies
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is called assignor and the transferee assignee. Borrower assigns actionable claims to the banker as a security for an advance. Debt is secured by mortgage of immovable property or by hypothecation or pledge of movable property. All the rights and remedies of the transferor vest in the transferee. The transferee of an actionable claim takes it‚ subject to all the liabilities and equities to which the transferor was subject on the date of the transfer. Book debt‚ money due from govt. dept and life insurance
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Impact on ordinary folk: The number of appeals indicates beyond doubt that there has been an increase in appeals to the final court. This indicates that ordinary folk now have additional scope and opportunity to be heard and to obtain justice. An interesting trend is the fact that the number of civil cases filed‚ exceeds the combined total of criminal and constitutional cases. In other words‚ there are more cases filed in which the State is not a party than cases in which the State is. This is
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likewise widening‚ financial resources that are intended to support the poor are being pocketed by corrupt government officials. Population is not the cause of poverty‚ corruption is‚ the Catholic Church claims. The government is keen on crafting remedies to curb population. Several laws have been passed to curb corruption. But since they lack heavy punitive measures‚
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Eightfold Path that will help us attain Nirvana‚ which means extinction of all births‚ rebirth‚ and desires. Really few want to escape the sorrows of life by getting rid of what we believe to be the very sources of joy. But we would say rather that the remedy has proved impracticable‚ since inspite of preaching it for thousand of years‚ it has not brought man any nearer to the final conquest of sorrows. The philosopher may deny life but poet Tagore is there to sing of the beauty and blessedness of life
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CASE TOPIC AREA RESULTING LAW [CASE DETAILS] "Whitely v Chapel " "Interpretation of Statute " "literal rule - words given dict’ meaning [voted under dead person’s name. Cannot impersonate a dead person] " "Re Sigsworth " "Interpretation of Statute " golden rule - above disregarded if absurd/repugnant situation [son due to inherit from his mother after murdering her] "DPP vs Bull / Corkery v Carpenter " "Interpretation of Statute " "mischief rule - interpret for intended effect [law referrign
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Directors’duties(dd): I.Duties of care and diligence:1whether is a director(d)?s9definesas:(a)appointed:(i)executive director(ii)alternative director(iii)non-executive director(iv)nominee director.(b) not validly appointed (i)they act in the position of a d (de facto d);(ii)d of coy or body are accustomed to act in accordance with the person’s instructions or wishes. (shadow d).2.duty of care and diligence:Assessing whether a breach has occurred:(i)were a reasonable d in the corp’s circumstances
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A contract intends to formalize an agreement of two or more parties‚ in relation to a particular subject. Contracts can cover an extremely broad range of matters including the sale of goods or real property‚ the terms of employment or of an independent contractor relationship‚ the settlement of a dispute and ownership of intellectual property developed as part of work for hire. Essential Elements of a Contract * Clear certain and communicated agreement. Meaning that the parties are consensus
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17/07/2013 CLWM4000 Business and Corporations Law Lecture Two Contract Law: Agreement‚ Intention to b e legally bound and consideration Objectives 1. To understand the relevance of intentions to create legal relations 2. To understand what is an offer and acceptance 3. Explaining the rules for offer and acceptance 4. Explain the importance of consideration 5. Explain the rules for consideration 6. Explain the concept of promissory estoppel Intention to create legal relations Intention
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Protecting interest of the minority Shareholders M S Siddiqui Legal Economist and pursuing PhD in Open University‚ Malaysia e-mail: shah@banglachemical.com The over-investment by directors is not good for the stock market and it should be addressed properly to find a way out and safeguard interest of minority shareholders from the experience of other markets‚ writes M S Siddiqui………………. http://www.thefinancialexpress-bd.com/2013/11/25/5614 In Asian countries including Bangladesh‚ the
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