corporate veil (case law/judicial exceptions) under the concept of separate legal entity. (1/2 marks) Rules: - In separate legal entity doctrine‚ a company has a legal personality of its own apart from the persons who owns it. The law will treat the company and the members as separate legal persons as decided in the case Salomon v Salomon. - However‚ in certain circumstances‚ a court may ignore the separate legal entity of a company (lifting the corporate veil) and look at the members
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The major change was removing the presumptions that were skewed for or against bail based on specific offences. Due to the 80 amendments that were previously made‚ the act was very complex and even challenging to interpret by legal professions. This meant that sometimes outcomes did not properly reflect the seriousness of the offense and there was an influx of people in prison on remand (declined bail). Statistics show that in 2012 there were 26% of prisoners that were in jail
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The Verdict Deborah Frick DeSales University The Legal Environment of Business AB 272 David B. Schwartz‚ Esquire February 5‚ 2012 “A lawyer‚ as a member of the legal profession‚ is a representative of clients‚ an officer of the legal system and a public citizen having special responsibility for the quality of justice.” (Preamble 1. ABA Model Rules of Professional Conduct. 2004) Every state has its own ethical code of conduct for practicing lawyers‚ which is typically modeled after the
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postmodern topics‚ but this is not at all the case in legal field; though addressing the limitations of current law theories is prerequisite‚ the pluralist approach to law attempts to diagnose conflicts between the overlapping pluralities of social and legal fields; to recognise it’s fuzziness‚ in order to find practical solutions to deal with such fuzzy situations‚ as Melissaris (2004: 76 in Menski 2006: 5) stated: The study of the legal must be directed towards the discovery of alternative perceptions
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The Principle of Separate Corporate Personality The principle of separate corporate personality has been firmly established in the common law since the decision in the case of Salomon v Salomon & Co Ltd‚ whereby a corporation has a separate legal personality‚ rights and obligations totally distinct from those of its shareholders. Legislation and courts nevertheless sometimes "pierce the corporate veil" so as to hold the shareholders personally liable for the liabilities of the corporation. Courts
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Hart brought the tools of analytic‚ and especially linguistic‚ philosophy to face the problems of legal theory. But‚ if we look at the concept that he brought it is same with the Pure Theory of Law that being formulated by Austrian philosophers Hans Kelsen‚ thought Hart rejected a certain idea or distinctive feature of Kelsen’s theory. Many of Hart’s former students became important legal‚ moral‚ and political philosophers‚ including Brian Barry‚ John Finnis‚ John Gardner Kent Greenawalt‚ Neil MacCormick
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Seminar Prep 2 What is defamation? Refers too‚ injuring the reputation of another by exposing him to hatred contempt or ridicule which lowers him in the esteem right thinking of members in the society. Defendant need not ascertained beforehand the likely effect of his words as long as his actions were done voluntarily. What is relevant is that the words were understood by others in a defamatory sense. Liable – usually written. Consists of a defamatory statement or representation in permanent form
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business carried on by all any one of them acting for all. | A company is an association of person who contribute money to a common stock and use it for a common purpose | Legal entity | It contain separate legal entity apart from its owners | It contain no separate legal entity apart from its members | It posses separate legal entity apart from its members | Registration | The registration of it is not required by law | The registration of it is not compulsory | The registration of it is compulsory
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proprietorship is an excellent concept for a small business. Income that the company makes goes either back into the company or into the owner’s pocket. This type of business is easy to start up and operate with a good business plan (Choosing the Legal Form of Ownership for Your Business‚ 2012). The simplicity of this type of business organization can be appealing to newcomers in the business world. The primary disadvantage of a sole proprietorship is that all costs or debts incurred by the business
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Student´s Name: Michael Wanderley Mallmann Spanholi Business Environment LO1. Understand the organizational purposes of businesses 1.1 Identify the purposes of different types of organisation The UK legislation allows different types of legal structures to do business in its area. In the private sector‚ the following forms of companies can be seen: Sole trader is a business owned by an individual who is self-employed‚ but staff can be hired on either a full-time or a part-time basis if
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