the course of carrying it out‚ with a turn of events which they did not at all anticipate – a wholly abnormal rise or fall in prices‚ a sudden depreciation of currency‚ an unexpected obstacle to the execution‚ or the like. Yet this does not in itself affect the bargain which they have made…” (per Lord Simon in British Movietonews Ltd. v. London and District Cinemas [1952] A.C. 166 at 185). Discuss this dictum and explain the respects in which it needs to be qualified. This quote refers to the
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Defining law is a problematic endeavour as it severs different functions‚ derives from different origins‚ signifies various things for different people‚ and effects everyone differently. Albeit of these factors‚ many have endeavored to do so‚ as law has such a prominent structure for all interactions. The changing nature of society means that there is an inherent change to law‚ “law must be stable; yet it cannot stand still” and‚ therefore‚ as something is constantly changing it derives and ever-changing
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CHAPTER- 2 CLASSIFICATION OF SOURCES OF INTERNATIONAL LAW 2.1. Classification of Sources of International law Source is found in the process by which it becomes identifiable as a rule of conduct with legal force and from which it derives legal validity. The various sources of international law are inferred from Article 38 of ICJ. Article 38 of ICJ states: The Court‚ whose function is to decide in accordance with international law such disputes as are submitted to it‚ shall apply : A. international
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a company structure? • Assuming Susan adopts a company structure‚ what type of Liability Company should Susan adopt? Relevant Laws: Form of association: • Consider the possible form of association‚ corporate and non-corporate • Consider comparative advantages and disadvantages of each form of association in the light of facts given. • Remember that there can be many relevant factors‚ not all of them related to corporate law issues. Taxation stamp duty and human factors can also be important
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Professor Novich Characteristics of the Criminal Law Criminal behavior is behavior that goes against societies norms and the laws of the people. These laws are put in place to protect the people and their property. The laws are usually enforced by a law enforcement agency and punishment issued by a judicial system. There are several different characteristics that make up a body of law. Sutherland and Cressey (1974) states‚ “ the characteristics which distinguish the body of rules are therefore‚ political
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Study hints ............................................................................................................................................. History of South African criminal law .............................................................................................. The sources of our criminal law ........................................................................................................ The onus of proof in criminal cases ...........................................
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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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event insured against. Contracts of insurance cover a wide field such as life assurance‚ personal accident public liability‚ damage to property and general liability insurance. A contract of insurance is a contract whereby one party‚ called the insurer‚ agrees in return for a payment called the premium to pay a sum of money to another‚ called the insured‚ on the occurrence of a certain event‚ or to indemnify the insured against the loss caused by the risk which is insured against. Policies of insurance
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zone where the coastal State may exercise the control necessary to (1) prevent infringement of its customs‚ fiscal‚ immigration or sanitary laws and regulations (2) punish infringement of the above laws and regulations committed within its territory or territorial sea. The contiguous zone may not extend beyond 24 nautical miles from the baselines from which the breadth of the territorial sea is measured. 1 Compare and contrast the powers of coastal states in internal waters‚ the territorial sea
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Relevance of Sociology for the study of Law. If societies are based upon agreed upon laws‚ then they are very much interrelated subjects. They are symbiotic‚ interwoven‚ interconnected. When someone commits a crime against another person or their property‚ they will have to face the consequences in a court of law. Or reduce it to a smaller group such as a tribe. Even amongst members of a tribe‚ there are laws that may only be verbal‚ or perhaps not even as formal as that. They are followed because
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