EXPLANATORY NOTE I. WATER FRAMEWORK ACT: AN Why is a national water law necessary? 1. Water‚ like air‚ is one of the most basic requirements for life. If a national law is considered necessary on subjects such as the environment‚ forests‚ wildlife‚ biological diversity‚ etc.‚ a national law on water is even more necessary. Water is as basic as (if not more basic than) those subjects. 2. Under the Indian Constitution water is primarily a State subject
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1) There are no court fees. In the situation if court fees have already been paid‚ it will be refunded provided the dispute is settled at Lok Adalat. 2) There is no strict application of the legal and procedural technicalities and laws and the evidence act while evaluating merits of the claim by Lok Adalat. Lok Adalats are also known as peoples festival of justice. Unlike normal court proceedings‚ parties to the dispute although are represented by their advocates‚ they can directly interact with
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law. Usually State vs. Person. Standard of Proof: beyond a reasonable doubt Civil Law: Usually Person vs. Person case. It establishes standards between individuals. Money and injunction (equitable remedy—makes you stop doing what you want to do) are the consequences. Specific Performance: (equitable form of justice); order by the court to follow the contract; usually relates to real estate. Standard of Proof: preponderance of the evidence (better than 50% that the person is guilty)—good
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1 CHAPTER 1 NATURE OF SALE DEFINITION OF SALE Article 1458 of the Civil Code defines “sale” as a contract whereby one of the contracting parties (Seller) obligates himself to transfer the ownership‚ and to deliver the possession‚ of a determinate thing; and the other party (Buyer) obligates himself to pay therefor a price certain in money or its equivalent.1 The Roman Law concept embodied in the old Civil Code2 that treated delivery of tangible property as the sole purpose of sale has been
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- Was the formation of the contract defective in some way (ie were there any ‘vitiating elements’ present). (4) If not and I want to terminate it anyway‚ how can I – and what penalties might I incur? - How can contract come to an end and what remedies are available to a party not in default. Contract: An agreement which the law will enforce. Requirements for Validity In most cases – contracts do not have to be written. They can be: * written; * partly written and partly oral;
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Topic 1- CLASSIFICATIONS AND DEFINITIONS Fundamental Concepts Land defined in Bernstein v Skyview – doesn’t extend to airspace as well. Defeats traditional view that land is everything up to the heavens etc. Land includes corporeal hereditaments- the land and what is attached to it‚ as well as incorporeal hereditaments- Rights over land including easements and rights of way. Sellers usually write a list of what they see as fixtures and what they see as chattels Botham v TSB Bank plc [1996]
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Date: 29/03/2011 Before : THE MASTER OF THE ROLLS LORD JUSTICE RICHARDS and LORD JUSTICE HUGHES - - - - - - - - - - - - - - - - - - - - - Between : | |Sinclair Investments (UK) Ltd |Appellant | | |- and - | | | |Versailles Trade Finance Limited (in administrative
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PROPERTY LAW 2013 Contents 1. Rights Above and Below Land……………………………………………………. 3 2. Fixtures and Related Matters……………………………………………………… 7 3. Co – Ownership……………………………………………………………………. 12 4. Easements………………………………………………………………………….. 26 5. Covenants………………………………………………………………………….. 35 6. Adverse Possession………………………………………………………………... 46 7. Native Title Legislation and Indigenous Land Rights Legislation………………... 60 1. Rights Above and Below Land Cuius est solum eius usque ad coelom
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31: Constitutional‚ Contract‚ Criminal‚ Evidence‚ Property and Tort Law 32: List and explain Nash’s‚ Drucker’s‚ Buffet’s‚ Blanchard’s and Peale’s comprehensive approach for resolving ethical dilemma Drucker: “Above all do no harm.” Intentionally making decisions that will not do harm will encourage ethical decision-making. Buffet: front-page-of-the-paper test‚ it supports critical thinking to envision how the decision may look on the front page of a paper before making the final decision.
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9 th 9 th editio n This new edition has been thoroughly revised and fully updated to include: In addition the text offers a wealth of study support that includes: This text is supported by a mylawchamber website which includes: For students: regular case and legislation updates‚ web links‚ interactive self-test questions‚ practice assessment questions‚ an online glossary and flashcards for key terms. For lecturers: a testbank of multiple-choice questions that can be used to assess
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