1 CHAPTER 1 NATURE OF SALE DEFINITION OF SALE Article 1458 of the Civil Code defines “sale” as a contract whereby one of the contracting parties (Seller) obligates himself to transfer the ownership‚ and to deliver the possession‚ of a determinate thing; and the other party (Buyer) obligates himself to pay therefor a price certain in money or its equivalent.1 The Roman Law concept embodied in the old Civil Code2 that treated delivery of tangible property as the sole purpose of sale has been
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legislation? Legislation knows as statutory law which is has been enacted or promulgated by any kind of governing body or even parliament. It refers to a single law or even a group body of enacted law. In the history‚ it is called as “bill” which is more often than not projected by a member of the legislature. Examples of legislation are Statutes or Acts of Parliament‚ Ordinance and Enactments. And the best example of legislation that congress the passed is Civil Rights Act of 1964 and Voting Rights Act
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to limit the operation of exclusion clauses. In addition to numerous common law rules limiting their operation‚ in England and Wal Consumer Contracts Regulations 1999‚ the Unfair Contract Terms Act 1977 applies to all contracts‚ but the Unfair Terms in Consumer Contracts Regulations 1999‚ unlike the common law rules‚ do differentiate between contracts between businesses and contracts between business and consumer‚ so the law seems to explicitly recognize the greater possibility of exploitation of the
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Unwritten law is law that has not been enacted by the legislature (Parliament and the State Assemblies) and this law is not found in the written Federal and State Constitutions. This law is found in cases‚ which have been decided by the courts and local customs. Unwritten law is mainly comprised of: 1. English Law English law forms part of the laws of Malaysia. English law can be found in the English common law and rules of equity. However‚ not all of England’s common law and rules of
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Supreme court opinions Concurring opinion-majority opinion Dissenting opinion-minority -can write more than one of each Pro-posture vs con-posture (concurring vs dissenting) Society and the Law focused on a right and how it affects the greater good of the population The book: 2.1 pg 46‚ Don’t know names of cases…study concept Law and individual Constitution protects individual but does not provide ultimate protection (state trumps individual) Are violent video games protected
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Employment Law 1 Employment Law Employment Law 2 Employment Law Explain the constitutional basis for the Fair Work Act 2009 (Cth) with reference to the Australian Constitution and discuss the relationship with Australian common law‚ with reference to the National Employment Standards. The Fair Work Act‚ 2009 is a labour welfare legislation aimed at improving the relations between employees and employers so that productive workplace relations can be formulated which would further help in
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Administrative Law – LWZ312 EXAM NOTES 1. PROBLEM SOLVING 2 2. Practical steps 2 3. IRAC Method 2 4. Standard Exam Answers 2 A. INITIAL ISSUES 2 B. NATURAL JUSTICE 2 (i) Hearing rule 2 (ii) Bias rule 2 (iii) Jurisdictional errors in natural justice 2 5. Administrative Decisions (Judicial Review) Act 1977 2 6. Key principles in judicial review 2 7. Narrow/substantive ultra vires 2 C. Simple Ultra vires 2 (iv) Power to regulate 2 (v) Power to prohibit 2
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The rule of law is a legal maxim stating that no person is above the law‚ that no one can be punished by the state except for a breach of the law‚ and that no one can be convicted of breaching the law except in the manner set forth by the law itself. The rule of law stands in contrast to the idea that the leader is above the law‚ a feature of Roman law‚ Nazi law‚ and certain other legal systems. Albert Dicey British jurist A. V. Dicey popularised the phrase "rule of law" in 1885. Dicey emphasized
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Law of India refers to the system of law in modern India. Some of contemporary Indian law shows substantial European and American influence. Various legislations first introduced by the British are still in effect in modified forms today. During the drafting of the Indian Constitution‚ laws from Ireland‚ the United States‚ Britain‚ and France were synthesised into a refined set of Indian laws. Indian laws also adhere to the United Nations guidelines on human rights law and the environmental law.
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Should we obey the law? Following the rules is something that is often emphasized from a very young age. However‚ there are cases when choosing to break the rules is the right thing to do. It is sometimes necessary to disobey the law. Civil disobedience‚ or refusing to obey the law to protest peacefully‚ has been one of the most effective ways of changing government policies. In many cases throughout history‚ fairer societies have been created after laws were challenged. For example‚ American
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