Adams (2013) also stated that since objective evidences may also be needed in determining the breach of good faith‚ it is easier to bypass the subject test and prove that such conduct failed to act for a proper purpose. Fiduciary duty cases at general law on the proper purpose rule are considered when determining the scope of ‘proper purpose’ in CA s 181 (2). That is to say‚ the two-step process proposed in Howard Smith v Ampol Petroleum should be used under such circumstance to prove the improper purpose
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1. WHAT IS ADMINISTRATIVE LAW? Administrative law controls the actions of public officials. It developed to allow for decisions of travelling judges to be reviewed. It has five basic components: - Judicial review: review by a court of the legality of a decision; - Merits review: review by a tribunal on the merits of a case; - Internal review: review by the decision-maker‚ as required by statute; - Ombudsman: investigation and reporting by an independent third-party; and - Freedom of information:
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ECONOMIC LAWS Concept of Law: Law means “rule or conduct”. A law expresses the causal relationship between two sets of phenomenon. Like other sciences‚ economics also collects facts and undertakes their systematic study. The facts are analysed and conclusion drawn. These conclusions establish causal relationship between the concerned facts. These are called laws or generalisations. Collection of facts ⇨ Systematic Study of facts ⇨ Establishment of facts ⇨ Analysis of facts ⇨ Conclusion has
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Branches and Sources of Law under the English Law Law009-Law & contract HND in Quantity surveying and Construction Economics/Construction Management Different Branches and Sources of Law under the English Law Law009-Law & contract HND in Quantity surveying and Construction Economics/Construction Management Devan Isuru Wanniarachchi CSCT2012361 Devan Isuru Wanniarachchi CSCT2012361 Explain nature of law and other fundamental concepts relating to English Law (P1) I n order
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LAW AND ETHICS INTRODUCTION Generally the term law means a body of regulations to guide human conduct. The Oxford Dictionary defines law as a body of enacted or customary rules recognized by a community as binding. Laws governing the external action of man may be either social or political. Social laws are based on customs and are enforced by parental and religious authority or by the pressure of public opinion. Political laws are enacted and enforced by the state. They are virtually commands‚
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common law and the rules of equity from part of the law of Malaysia. I was reading about some of the extent of the application of the English common law as applied in Malaysia. Any opinioins with sources? First of all as i know we are following UK ’s english common law and other bits and pieces i read around google. As i read from wiki i found out that theres very minimal information on this topic. Could anybody practicing law help me with this? I am actually researching thing for my law presentation
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The Foundations of Law Over the course of many centuries‚ theorists and philosophers had come up with several different justifications to explain an unclear relationship that exists between law and justice. Thomas Aquinas‚ a thirteenth century theorist‚ enlightened everyone with his opinion about this relationship when he wrote Treatise on Law. Breaking down law into four different types‚ eternal‚ natural‚ divine‚ and human law‚ Aquinas created an order of laws that society must follow in order
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Concept of Law – what do you think is the best descriptive concept of law‚ what do you think is the purpose or value of law? Have your views changed over this semester‚ if so how?" Most people’s concept of law is limited‚ their view on law is commonly based on a set of rules which they do not want to break because of either fear of a bad image in society as well as fear of being penalized and incarcerated legally. This point was emphasised by the legal philosopher John Austin whose theory on law suggested
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Malaysian law is English law. Explain how English law and the other sources of law form part of the law of Malaysia. The law of Malaysia mostly based to the common law legal system. It was a final result of the colonisation of Malaya‚ Sarawak‚ and North Borneo by Britain in between 19th century to 1960s. The supreme law of the land—the Constitution of Malaysia—sets out the legal framework and rights of Malaysian citizens as they will obey all the rule that had been state. Federal laws enacted by
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CRIMINAL LAW THREE TYPES: Infractions- (like traffic tickets)‚ which are minor violations and‚ usually‚ the punishment is having to pay a fine. Felonies- are serious crimes like armed robbery‚ arson‚ carjacking‚ rape‚ assault with intent to do great bodily harm‚ drug dealing‚ and murder. This is only a partial list but the thing to remember about felonies is that you will have over one year in prison if convicted. Misdemeanors- are lesser offenses like assault‚ reckless driving‚ drug possession
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