uberrimae fidei. S.35 dissolution. If not acting in good faith then the court can dissolve the partnership. S.28 duty to disclose‚ bond to render true account of all things affecting the partnership to any partners or their legal representatives. Law V Law [1905] – After the sales agreement there is a partnership asset that was not hidden from the account. But W had lost the right to avoid the contract as he takes the money while knowing disclosure had not made. Held: the
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LANGUAGE OF THE LAW Characteristics of the courtroom discourse Eva Přidalová Introduction In all societies‚ law is formulated‚ interpreted and enforced: there are codes‚ courts and constables. The greater part of these different legal processes is realised primarily through language. “Language is medium‚ process and product in the various arenas of the law where legal texts‚ spoken or written‚ are generated in the service of regulating social behaviour.”1 In the Anglo-Saxon common law system‚ a discrete
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FOUNDATION IN LAW – 2013 English Legal System Assignment Yong Suan Kai Question 1 (a) Briefly explain the history of the English common law prior to the Norman Conquest in 1066. (5 marks) (b) State the developments of the common law after Norman Conquest in 1066. (6 marks) (c) Explain the drawbacks of the common law system in England and Wales. (7 marks) (d) What are the effective developments that have taken place to overcome the problems faced by the common law system
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close nexus between manmade law and justice – law should aim at justice. Laws should be the objective expressions of the nature of reality rather than merely the subjective prejudices or whims of some person‚ group of people‚ or society as a whole. Natural law is objective since it is inherent in the nature of the entity to which it relates. The content of natural law is accessible to human reason. For example‚ it is easily understood that since each man has a natural right to survive‚ flourish‚
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The action failed because there was no indication that the arrangement was intended to be a contract. .1 Difference between the Tortuous Liability and Contractual Liability. 3.1.1 Contract Law Contract law is that body of rules that govern contractual agreements between persons or merchants. Contract laws outline what a person can or cannot include in a contract‚ and what the remedies are if a party breaches their contractual duties. For example: Silva contracts with James to purchase a van for
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Law and morals Part A Law has been defined by Sir John Salmond as the body of principles recognised and applied by the state in administration of justice. There are two theories on what law is‚ the natural law theory and the positivist law theory Lloyd a natural law theorist defined the law as the constant assertion that there are objective moral principles which depend upon the natural of the universe and can be discovered by reason Natural law theorists believe that for law to be valid it
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Law Assessment Outcome 1 1) List the main sources of Scots Law? Legislation (Statute) Judicial Precedent Institutional Writers Custom 2) List any four Acts of Parliament from within the UK Statute of Westminster adoption Act 1942 Post-16 education Act 2013 4th road bridge 2013 National trusts act 2013 3) What is meant by the doctrine of judicial precedent and give an example? Judicial precedent refers to the sources of law where past decisions made by judges create law for future
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CASE DIGEST OF MAGALLONA VS ERMITA FACTS OF THE CASE: The antecedent facts of this case emerged upon the passing of Republic Act 3046 in 1961. The law’s purpose is to demarcate the maritime baselines of the Philippines as it was deemed to be an archipelago. RA 3046 stood unchallenged until 2009‚ when Congress amended it and passed RA 9522. This amending law shortened one baseline and determined new base points of the archipelago. Moreso‚ it has identified the Kalayaan Island Group and the Scarborough
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Case Presentation Gingerich vs. Protein Blenders Protein Blenders‚ Inc. made written contract with Gingerich to buy from him shares of stock of a small corporation named Maplecrest Turkey Farms. The plaintiff‚ Protein Blenders‚ Inc. agreed to purchase 4‚505 shares of preferred stock from the defendant‚ Gingerich‚ a small corporation named Maplecrest Turkey farms. The price of each stock was $52.50 per share which came to a grand total of $236‚512.50. Protein Blenders‚ Inc. has failed and
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1) Laws may be defined as a body of rules which are enforced by the state. There are two types of laws in Malaysia‚ those are written law and unwritten law. Written laws are laws which have been enacted in the constitution or in legislations. Besides‚ written laws refer to the law that is contained in a formal document and which has been passed by a person or body that is authorised to do so. In Malaysia‚ which has a written constitution‚ written law consists of the Federal and State Constitutions
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