OVERVIEW OF CHINESE COMPANY LAW (I) Legal characteristics of Modern Company A modern company has a set of legal characteristics: 1. Independent legal personality 2. Limited liability 3. Transferability of shares / interests 4. Centralised Management 5. Investor Ownership These characteristics respond to the economic exigencies of the large modern business. 1. Independent Legal Personality Meaning: - Independent from investors and the management; - Counter-party in corporate
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Before looking at if the intention to create legal relations should be used to replace consideration‚ it is important to look at how these doctrines fit into the essential elements in a contract. Their use will then be discussed‚ together with the doctrine of promissory estoppel. In evaluating these principles reference will be made to case law‚ judicial comment and of leading contract academics work. Finally‚ thought will be given to the future of consideration‚ and if it is still necessary today
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Intention to create legal relations Statement of the Rule To create a contract there must be a common intention of the parties to enter into legal obligations‚ mutually communicated expressly or impliedly (Rose and Frank Co v JR Crompton & Bros Ltd). It is open for the parties to use express language to indicate an intent (or lack of) to impose legal obligations on each other. Alternatively‚ this intention can be impliedly from the circumstances. The courts use an objective test in making
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The issues that are going to be addressed with regards to Wendy’s situation in relation to Mark are the divorce‚ the ownership of the house‚ the custodial rights of the daughter‚ the company shares and a breach of confidence. On the other hand‚ the issue that is going to be discussed about ‘Bye Bye’ magazine is defamation and also the interference of private and family rights. In regards to the divorce‚ I would advise Wendy to pursue the matter on the grounds that the marriage has broken down
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Introduction: A great step was taken in the Indian legal history when the supreme court of judicature was created at Calcutta under the regulating act of 1773. Bengal‚ Bihar and Orissa were in the grip of confusion‚ chaos and anarchy after the battle of plassey. The company’s servants exploited the people‚ amassed the wealth and returned to England. All servants high or low suffered from one obsession only how to achieve easy fortune in India and return to England as soon as possible. These people
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Comparison between English legal system and Romanian legal system In Europe developed‚ for centuries‚ two systems of law which did not influenced each other: continental law and british island law‚ two legal conceited and strong personalized worlds. In nowadays in Great Britain do not exist a Constitution as an unique fundamental act‚ to regulate its political organization. The Constitution is made of lots of categories of legal rules which we found them in common law‚ statuary law and equity:
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Football: Women: Foundation: At foundation level women face many barriers when trying to participate in sport. In football women may come up against cultural barriers which could stop them from playing this could be because of the stereotypical perception that they should be at home and that it is an unfeminine thing to do this could stop then from participating‚ also they may have been brought up in a very feminine world so they are more likely to play something like netball rather than football
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Describe the continuum of care and how health care is organized to respond to health issues In the United States (U.S.)‚ health care is organized to respond to health issues as needed. In recent years with the talk of health care reform‚ the continuum of care is a resurfacing issue. Most Americans seek health care only when needed. This could be because the fee for service‚ the payment received is only for that particular illness. In the continuum of care in rural community‚ based settings
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Siegel & Associates 1133 Westwood Blvd. West Palm Beach‚ Florida MEMORANDUM TO: Senior Partner FROM: John J. Doe DATE: October 1‚ 2010 RE: Peters v. Detman This memorandum assesses the merits of Anne Peters’ in West Palm Beach‚ Florida‚ for possible claims against Don and Betty Detman for intentional infliction of emotional distress and for violation of Florida’s Spite Fence statute. FACTS Anne Peters owns the property at 915 Sea Crest Drive in West Palm Beach‚ Florida. Peters
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