Arts. 1305-1329 Art. 1305 Contracts- meeting of minds between two parties which takes place when anoffer by one party is accepted by the other; one or more persons bind himself or themselves with respect to another to the fulfillment of a prestation to give‚ to fo or not to do. Contract and obligation distinguished: Contract | Obligation | One of the sources of obligations | Legal tie or the relation to itself that exists after a contract has been entered into. | Contract and agreement
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Assignment: Law of Evidence Question 1 The law of evidence aims to determine what material may be presented in court as evidence‚ by whom‚ in what manner and its probative value. Question 2 The onus of proof lies with the State to prove that the accused is guilty. Question 3 Real evidence is evidence in the form of objects or exhibits such as the murder weapon. Documentary evidence is evidence in the form of written documentary such as letters and contracts. Question 4 Evidential
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The Leadership of Kenneth Lay 5 Contributing Factors for Enron’s Debacle 7 Power Abuse 7 Fraudulent Accounting Practices 7 Employees and Board members 8 Investors Grief 9 Auditors and external regulatory agency 9 Conclusion 9 The debacle of Enron‚ led not only the company to bankruptcy but also its employees and shareholders. Unethical leadership and vested interests played a significant role in its imminent failure. Very few had the courage to challenge authority and leave when faced with
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ANIMAL LAW I. DEFINING ANIMAL II. PROPERTY III. CRIMINAL LAW IV. TORTS V. CONSTITUTIONAL LAW VI. ANIMAL WELFARE ACT VII. ENDANGERED SPECIES ACT VIII. MISC. I) DEFINING ANIMAL: Arbitrary delineation. Answer often crucial to outcome of cases. Holdings are unpredictable and often counterintuitive. Animals = property. The cuter the animal the more protection they get. 1) Roosters (and Cockfighting: States all over the place) a) NM:
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Lecture 1: The importance of Business Ethics * 1st part : Introduction Ethics in General: Ethics is simply how people try to live their lives according to a standard of what is good or bad. They apply these standards both in how they think and how the others behave. Two way relationship. Example : MY friend left his wife for someone else. How do you think ? Unethical‚ so I behave in a way to not to talk to him anymore. My friend considers what I did as unethical‚ we’ve been friend for
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Copyright Laws on Computer Programs and Cyberspace Tort Computer programs and cyber space usage has become a major part of our every day lives. Nearly everyone has to use a computer at some point‚ and for some it may be an all day every day affair. This being the case‚ every one should be aware of the laws and boundaries of cyber space usage‚ copyright infringement on shareware‚ freeware‚ and computer software programs. Most of the main legal issues that relate to cyberspace can be listed
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Supremacy of EU law The legal doctrine of supremacy of EU law means that EU labour law takes precedence over domestic labour law. The creation of a new legal order of EU law and its supremacy means that EU institutions may create rules affecting employment and industrial relations‚ even where some Member States oppose such rules and vote against them in those EU institutions‚ provided that a voting procedure based on a majority rule applies to that specific field. Where adopted‚ these rules must
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controversy exceeds $75‚000 and no plaintiff shares a state of citizenship with any defendant. See 28 U.S.C. § 1332(a). Diversity jurisdiction is one of the two main types of subject-matter jurisdiction in federal court. Definition from Nolo’s Plain-English Law Dictionary The power of the federal courts to decide civil disputes between citizens of different states‚ provided the amount the plaintiff seeks in damages exceeds an amount set by Congress (currently $75‚000). The so-called citizens may include companies
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Contract Law Introduction In the following case note I will examine the High Court case; Smart Telecom Plc. V Radio Teilefis Eireann & Glanbia Plc. [2006] IEHC 176. The essence of this case is one involving a request for tenders put forward by RTE for sponsorship and the subsequent refusal of Smart Telecom’s referential bid thereto. The questions raised were (1) whether referential bidding was a permissible term of RTE’s offer and (2) if not‚ were they were obliged to re-tender the contract
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Email Alert 1Comment 0 Votes 1 inShare more + Philippine cybercrime law must protect‚ not harass‚ citizens Summary: We need law and order in cyberspace‚ but it must not be used to stifle freedom of expression and intimidate citizens. By Melvin G. Calimag for Pinoy Post | November 5‚ 2012 -- 02:47 GMT (10:47 SGT) Now that the massive public outcry against Republic Act 10175‚ otherwise known as the Cybercrime Law‚ has died down a bit--by virtue of a TRO (temporary restraining order) issued
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