LAW (BANKING) 255 Take Home Test Semester 1‚ 2011 Name: Lin Dongyu Student Number: 14671458 Due date: 21/04/2011 Total word: 997 words Briefly explain‚ by reference to case law‚ why it is difficult to define the term “the business of banking”. For the term “the business of banking”‚ the statute definition is inadequately‚ even some statute laws can help with the understanding about “the business of banking” but the definitions they are provided still not adequate (Waldeck & Giardina)
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M2- Compare and contrast the methods of law making Before any law and acts are made‚ there is a long procedure in the process of it being passed. If there are new laws it usually is chosen by majority decision usually in courts or the parliament. For example‚ the executive or the government form laws in the House of Commons by setting out bills. Sometimes it may come from their election mandate in order to be chosen‚ for example recently how labour vowed to ban fox hunting which can be shown as
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and Wales has a body which includes legislations‚ common law and other legal norms that are established by parliament‚ the crown and judiciary. The courts are organised in a hierarchal structure and England has no written constitutions like the US therefore giving parliament power of ’law-makers ’ especially after they made themselves a supreme body who represent the people of the country‚ they have unquestionable power (unlike the other law-makers) to add‚ remove and change legislations without
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Delano Roosevelt entered the White House in 1932‚ promising "a new deal for the American people." The package of legislative reforms that came to be known as the New Deal permanently and dramatically transformed the politics and economy of the United States. In the field of relief‚ the New Deal proved to be highly successful. However‚ in terms of reform‚ the New Deal legacy may have been unmatched in American history. Although the new deal temporarily ramped up industry to meet the demand for war
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Problem Questions ------------------------------------------------- Question 1 Based on the question‚ the issue in the question is will there be a contract of sale of goods act 1895(SA) under s 1? Hence‚ the law is s 1 where a contract of goods is a contract whereby the seller transfers or agrees to transfer the property the goods to the buyer for a money consideration based on the case Toby Construction Products Pty Ltd v Computer Bar Sales Pty Ltd. The application is under s1 sale of goods
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lawyers documented were in Ancient Greece and in Ancient Rome. Early Roman advocates were trained in rhetoric‚ not law‚ and the judges before whom they argued were also not law-trained” (Lawyer. Wikipedia). The history of this profession goes back centuries and centuries to a world where law was a completely different thing. Back in these times I bet that they had hardly any laws compared to how many we have now. I have a feeling that court is much harder now than it was back then also. “During
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conditional constitute consideration? Yes‚ such a promise consideration even if the condition is unlikely to occur. 3. What is the general rule about the adequacy of consideration? The adequacy of the consideration is irrelevant because the law does not prohibit bargains. 5. Is there consideration when a secured note for a lesser amount is given and accepted in discharge of an unsecured note for a greater amount? Explain. No‚ because if a secured not for a lesser amount is given and
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The role of the law "is a system of rules usually enforced through a set of institutions". (Wikipedia‚ 2007) These rules are governed and regulated as specific types of laws. Some types of laws are constitutional laws‚ which exist only at state and federal levels. (Mallor et al.‚ p.2‚p.3) This types of law sets up structure and oversee prevention of other government levels. (Mallor et al.‚ p.2‚p.3) Another type of law is Statues in which elected representatives draft a book or code that is authorized
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Classification of Laws An important method of classifying law is according to the system in which it is created. • common law Rules of law created by the courts through judicial decisions. Courts “make law” as part of the process of deciding cases and controversies before them. The case law created in this process is based on a doctrine known as stare decisis. This doctrine is based on the notion that prior decisions provide guidance that should be followed in subsequent cases involving the
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discuss the offences committed by the three China bus drivers who went on strike. Apart from going on a strike‚ these bus drivers also threatened their fellow colleagues and will be charged for disrupting essential services of the country. Rule of Law: The first offence is the Breach of Contract. It means failing to perform any term of contract‚ written or oral‚ without a legitimate excuse.1 A party may commit this offence by repudiating his liability under the contract before the time for performance
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