Milligan (1994) • Kavanagh v. Caulfield (2002) • Curust Financial Services Ltd. v. Loewe-Lack-Werk Loewe GmbH & Co. KG (1993) • National Irish Bank v RTE (1998) Delay Defeats Equity • JH v. WJH (1979) • McGrath v Stewart (2008) Equity Follows the Law‚ But Will Not Permit a Statute to be Used as an Instrument of Fraud • Graf v Hope Building Corporation (1930). • Rochefoucauld v Boustead
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the law Chapter 1 | Introducing the law 1. 2. 3. 4. 5. Law and life The nature of law Justice‚ ethics and politics The sources of law The Australian legal system Law and life Chapter 1 Introducing the law You already know about the law ... •... from your personal life. •... from your business activities. •... from the media. •... from popular culture. •There are very few aspects of life that are not regulated by law. The nature of law Chapter 1 Introducing the law Defining the law •Law
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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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Administrative law is the law that determines the organization’s powers and duties of administrative officers. It is the law relating to the administrative government. It concerns itself with public authorities and how they function. Administrative law is the body of general principles that govern the exercise of power by authorities. Wade defines Administration Law as the Law relating to control of government power.1 He further assets that the primary purpose of administrative law is to keep the
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Different aspects of law There are four aspect of law namely: 1. Public and private law: Public laws are those laws that are relevant to matters affecting the entire community for examples laws about criminal activity or the environment. Public law involves interrelationship between the state and the general population. While private law involves interactions between private citizens or it applies to the relationship between an individual and the government. 2. Criminal and civil law: Criminal is a
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Meaning of law A law is a special type of rule that has been made by a person or institution that has the authority to make laws. This is referred to as ‘sovereign power’. In democratic countries‚ such as Australia‚ Britain and the United States‚ the sovereign power is Parliament. Society elects Members of Parliament to make laws on their behalf. Laws made by Parliament are known as statute laws. Australia has a type of legal system known as ‘common law’. This system allows for laws to also be
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Fun Role and Functions of Law Nicholas B. Seay LAW/421 February 4‚ 2013 Valentine Castillo Role and Functions of Law When it comes down to understanding law‚ most individuals have a better understanding of how criminal law plays a role in society instead of civil law. Modern law helps regulate business and individuals in a combination of constitutional law‚ statutory law‚ common law‚ and administrative law. These are also known as the primary sources of law as each can be used together
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Philosophical Foundation Professor Novich Characteristics of the Criminal Law Criminal behavior is behavior that goes against societies norms and the laws of the people. These laws are put in place to protect the people and their property. The laws are usually enforced by a law enforcement agency and punishment issued by a judicial system. There are several different characteristics that make up a body of law. Sutherland and Cressey (1974) states‚ “ the characteristics which distinguish the
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The Role of Law Esther Sellers The role of law in business is at the heart of everything we do as a United States. The forming of the United States and our Constitution is at the heart of all of our legal decisions. We hold the constitution up to the scrutiny of every case that is presented to the courts. Our laws are created by our executive branches and legislative branches and upheld by our courts. When a federal law is created there are many processes that it goes through
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Module 4 1. In Roman law - particularly in The Body of the Civil Law – what does "natural law" refer to? According to Roman law‚ specifically The Body of the Civil Law‚ natural law refers to laws that apply to both animals and humans. 2. Describe Aquinas’s distinctions between eternal law‚ natural law‚ human law‚ and divine law. According to Thomas Aquinas‚ there are four distinct types of laws; eternal law as the most faultless and complete set of Gods law that rules the entire community
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