CORPORATION LAW INTRODUCTION Definition and attributes of a corporation A corporation is an artificial being created by operation of law‚ having the right of succession and the powers‚ attributes and properties expressly authorized by law or incident to its existence. A corporation‚ being a creature of law‚ "owes its life to the state‚ its birth being purely dependent on its will‚" it is "a creature without any existence until it has received the imprimatur of the state acting
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NATIONAL OPEN UNIVERSITY OF NIGERIA SCHOOL OF LAW COURSE CODE:-LAW 234 COURSE TITLE:-THE LAW OF CONTRACT II LAW 234 THE LAW OF CONTRACT II 8 COURSE GUIDE LAW 234 THE LAW OF CONTRACT II Course Writers/Developers G. I. Oyakhiromen Ph.D‚ BL Ayodeji Ige National Open University of Nigeria Course Editor Professor Justus A. Sokefun National Open University of Nigeria Programme Leader Course Coordinator G. I. Oyakhiromen Ph.D‚ BL National Open University of Nigeria Ayodeji Ige
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CopyrightX‚ Section C2: Course Review 1. Week One Review: Copyright Fundamentals a. Originality i. Requirements 1. A modicum of creativity 2. Independent creation ii. Not required 3. Novelty 4. Intent 5. Aesthetic 6. Lawful iii. Examples: 7. Sources of originality for a photograph (Mannion): a. Composition/subject matter b. Rendition
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CONTRACTS Stages in the life of a contract: 1. Preparation/Generation 2. Perfection/Birth 3. Consummation/Death Characteristics of Contracts: (ROMA) 1. Relativity (Art. 1311) 2. Obligatoriness & Consensuality (Art. 1315) 3. Mutuality (Art. 1308) 4. Autonomy (Art. 1306) Stipulation pour Autrui - stipulation in favor of a 3rd party. Requisites: 1. The stipulation must be part‚ not whole of the contract; 2. the contracting parties must have clearly and deliberately conferred
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NOVATION (Article 1291) * The extinction of an obligation through the creation of a new one which substitutes it * The substi or change of an oblig by another‚ which extinguishes or modifies the first‚ either: * by changing its object or principal conditions * by substi another in place of the debtor * by subrogating a third person in the rights of the creditor (Subrogate - Take over a legal claim or right against a third party from another party who previously owned that
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CASE DIGEST CASE #1: Kuroda v. Jalandoni 83 Phil 171 • FACTS: - Shigenori Kuroda‚ former Lieutenant-General of the Japanese Imperial Forces of the Philippines‚ was charged before a Military Commission in violation of the laws and customs of war. The Petitioner seeks to establish the illegality of Executive Order No. 68 of the President of the Philippines; to enjoin and prohibit two US prosecutors from participating in the prosecution of the petitioner’s case; and to permanently
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The Petersen Case Study David A. Gatti Liberty University Author Note David A. Gatti‚ SU 15‚ BUSI 561-Legal Issues in Business (B16)‚ Liberty University. This paper was conducted as a Discussion Board Post assigned by Professor J. Reinke of: Liberty University‚ Graduate School of Business‚ Lynchburg‚ Virginia 24515. Correspondence concerning this project should be addressed to: David A. Gatti‚ Liberty University‚ Graduate School of Business‚ Lynchburg‚ Virginia 24515. Contact:
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actions. The etymology of the word agent or agency says much. The words are derived from the Latin verb ago‚ agere (the respective noun agens‚ agentis). The word denotes one who acts‚ a doer‚ force or power that accomplishes things.1 Agency is the exception to the doctrine of privity under the law of contract. 2. LIABILITY OF A PRINCIPAL AGAINST THIRD PARTIES Lord Alverstone CJ in THE QUEEN V KANE2 defined an agent simply as ‘any person who happens to act on behalf of another’. A principal is one
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COMMERCIAL CONTRACTS UNDER NIGERIAN LEGISLATION Introduction A contract is an agreement which is legally binding on the parties to it and which if broken may be enforced by action in court against the party that has broken it. A contract may be void or voidable. A void contract is that which lacks the essential ingredients or elements of valid contract and therefore of no legal effect. A voidable contract is that which is valid in the first place but may be ended at the instance of one of the
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The Development of Common Law and Equity Common Law has been functioning in England since the 1250’s‚ two centuries after William the Conqueror defeated Earl Harold Godwinson in the Battle of Hastings in 1066 and became King. It was then in 1066 that Law began to be standardised. There were‚ however‚ problems with the Common Law system and people were becoming dissatisfied with the remedies distributed by the Court. As a result‚ the Court of Chancery was established and could provide whatever
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