Statutory duties Main statutory duties of a director are provided by s.132 • Where a director breaches common law duties‚ these statutory provisions impose criminal liabilities. • S.132(1) is a general provision that requires directors to act ‘honestly’ at all times and use reasonable diligence in the exercise of their powers. Any breach of fiduciary duty • Duty imposed on directors to avoid conflict of interest by not using confidential information they obtain by virtue of their position
Premium Common law Contract law Fiduciary
7. Statutory Interpretation 7.1. The Role of Statutory Interpretation • The courts must ascertain the meaning of a statute in order to apply it. • Even the most well drafted statute may be capable of more than one interpretation in any particular situation – this is a function of the nature of language and the desire of opposing parties to find interpretations which favour their own case. Additionally‚ some statutes may be inherently ambiguous. • The courts have developed principles
Premium Statutory law
Discuss the rules and other aids used in statutory interpretation which the judges could use to help them arrive at a decision in each of the appeals. You should also pay attention to judicial precedent and assess whether the case that the appellants wish to use may be binding on the Court of Appeal. This case study will investigate how certain rules or aids in statutory interpretation can affect the decision of an appeal in court due to the different circumstances involved in a case. There will
Premium Case law Law Stare decisis
Statutory Rape Laws The term "statutory rape" is used when the government considers people under a certain age to be unable to give consent to sex and therefore consider sexual contact with them to be a rape. The age at which individuals are considered to give consent is called the age of consent. The age of consent can ranging from thirteen to twenty-one‚ depending on the limits set by each state in accordance with local standards of morality. Even sex that violates the age-of-consent laws
Premium Sexual intercourse Human sexual behavior Age of consent
Order Code 97-589 Statutory Interpretation: General Principles and Recent Trends Updated August 31‚ 2008 Yule Kim Legislative Attorney American Law Division Statutory Interpretation: General Principles and Recent Trends Summary The Supreme Court has expressed an interest “that Congress be able to legislate against a background of clear interpretive rules‚ so that it may know the effect of the language it adopts.” This report identifies and describes some of the more important rules
Premium Statutory law Supreme Court of the United States Law
classical conditioning or operant conditioning. (Hergenhahn & Olson‚ 2005) Aristotle theorized through his laws of association that information can be recalled through contiguity‚ similarity or contrast. (Hergenhahn & Olson‚ 2005) Using the frontal lobes of our brain the information can be manipulated to form ideas or thoughts both directly or abstractly from the knowledge that is stored in longterm memory. Learning is studied by the potential change or observable
Premium Psychology Knowledge Learning
STATUTORY COUNCILS Labour Relations Act 28 of 1956 includes as one of the aims of the Act‚ the prevention and settlement of disputes between employers and employees. Industrial councils were the primary institution for collective bargaining; generally they were system that involved a form of centralised bargaining in a particular industry or segment of an industry (Alan Rycroft‚ Barney Jordaan‚ 1992:146) Industrial councils consisted of representatives from one or more employer parties and one
Premium Trade union Labour relations Collective bargaining
GROUP 1 – 2ND QUESTION Why is the purposive approach towards statutory interpretation the preferred principle to be applied in the interpretation of Constitution instruments and legislation in the Caribbean? The doctrine of Separation of Powers is enshrined in the Constitutions of the Commonwealth Caribbean providing power to the legislature to make laws while providing the authority to the judiciary to interpret the laws. The interpretation of statutes is important as it helps establish judicial
Premium Constitution
Conditioning and Learning From the moment any living being is born to the moment it dies‚ they are constantly learning. Learning is a change in behavior based on previous experiences. It may involve processing and interpreting many different types of information. Learning functions are performed by different brain learning processes‚ which depend on the dynamic mental capacities of the learning subject. There are three main forms of learning for the human mind: classical conditioning‚ operant conditioning
Premium Classical conditioning Operant conditioning Behaviorism
STATUTORY INTERPRETATION What is the aim and why is it necessary? Statutory Interpretation is there to help judges with general words Parliament has passed‚ as some words can have different meanings. * Words very often have more than one meaning i.e. they can be ambiguous * A broad term may be used in a statute which can give rise to confusion and uncertainty * There may be errors or omissions when the statute is drafted * New developments in society can make the words used in
Free